Loading...
HomeMy WebLinkAboutcoa.lu.pu.Ullr Lodge 520 W Main.A001-00 CASE NUMBER A001-00 PARCEL ID# 2735-124-43005 CASE NAME Ullr Lodge PROJECT ADDRESS 520 W. Main St. PLANNER Nick Lelack CASE TYPE Rezoning, PUD, , Special Review, Subdivision OWNER/APPLICANT Carbondale Affordable Housing Corporation REPRESENTATIVE Building Solutions, LLC C/o Katie Updike DATE OF FINAL ACTION 3/27/00 CITY COUNCIL ACTION Approved Ord 3-2000 PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED 8/1/00 BY J. Lindt 't y Fi µ„'` r t 2 d mile ._. 5 t olr t ol4 -s a '2735 124 43005 a 1 e 1/7/00 smd+x 3 �A001-00 : : Ulir Lodge 1 i, Nick Lelack .. 520 W Main St pi ��Rezonmg PUD Special Review S 4' ....iiFr I ... , i. K xr x x .s , �-a I`.... .:r d Carbondale Affordab' > PO Box 2001 "*Y Carbondale/CO/816 , zti a 963 0380 Building Solutions LLC C/a r/-Y .%°1 8300 County Road#3. P Marble/CO/81623 u 963 9511 :- l t 2220D 125HPC 160H 16401 0EH �" :®°2825 r x- mmgg Y .. m "LVn.:. Ems° _.: i.. �° �- i. i� ' i,,,s �' : i h ,dii'�.iv i r t ti ' zii 111 r- illekee I "3 Y °' �' , w e i 3/27/00 i._... . Counted 1/28/00 ,f� ' hk�.,�, Approved Ord 3-2000 1.524A tA PAAAA 3za k �8/1/28/00 i i .l i u�.., r Ati r� • ''®8/1/00 '�. J Lindt s .. s t qa o vs f�fi ' ' " h 3 k :: 1 , #'Sk,' lit"ti rt=' :. °�v'a q4N v� ,eC-'g u r v Fi r milt �}-ii i sk"a it — �!,i f rii i DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Carbondale Affordable Housing Corporation, PO Box 2001 Carbondale, CO 81623 Property Owner's Name, Mailing Address and telephone number Lots K, M,N, and the west half of 0, Block 30 of the City and Townsite of Aspen Legal Description and Street Address of Subject Property Planned Unit Development Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Ordinance #3 —2000, 3/27/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 8, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) April 9, 2003 Expiration Date of Development Order(The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 8th day of April, 2000, by the City of Aspen Community 9 elopment Director. J Ann Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots K, M, N and the west half of 0, Block 30, of the City and Townsite of Aspen, by Ordinance of the City Council numbered 3 of the series of 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on April 8, 2000 b and associates ARCHITECTURE AND PLANNING, P. C. • 605 E. MAIN • ASPEN, CO 91611 • TEL.: 970 925 4755 • FAX: 970 920 2950 DATE • January 26, 2000 PROJECT • ULLR Lodge Employee Housing Conversion BPA Job # 9929.00 TO • Katie Updike FROM • Richard L. de Campo, AIA, P.E. VIA: USPS NO.OF PAGES • IF YOU DO NOT RECEIVE ALL PAGES, CALL IMMEDIATELY. DESCRIPTION • 2 copies HPC Minor Development Application package *IN 1 2000 k COMMENTS • Katie - For your records. (The two copies for HPC had all photos in color.) cc: Nick Lelack hand-delivered X:W rojectsPProL199919929.00_ULLR_Lodge\corr1992900-trm012600-kL#2.wpd EXHIBIT A .+v £ ya a s -.•„ M '+ { _ Ullr Parking along 5t treet in public right-of- Parking in alley behind Ullr on the Lodge's way. property. o r t1A4� A, -i _ s r- r '•I,,,°:1+,....;*°rt+.. t - a -ar va s.R. Tr� a `a-- ff y Location of proposed sidewalk entrance on Location of propose handicap parking space and Main Street along 5th Street, and current site of ramp. pedestrian path. Wi�tt,, , :.. t p. � •Y' 104— -, -11 l �rF ..a ,,,, .� �. • •y •'M+ 4. Location of new sidewalk. View from alley. Location of new sidewalk. View from Main Street. Molly Gibson Lodge Minor PUD 7 Housing Office City of Aspen/Pitkin County 530 East Main Street, Lower Level Aspen, Colorado 81611 5 Fax: (970) 920-5580 April 6, 2000 Colleen Gibbons Alpine Bank 600 E. Hopkins Ave. Aspen, CO 81611 Re: Ullr Commons Dear Ms. Gibbons: This letter is to confirm that the Aspen City Council indicated during its approval of the Ullr Commons project that it would accept an option to purchase agreement for the employer-owned deed-restricted units at the Ullr Commons project. This option to purchase agreement is executed by the Aspen/Pitkin County Housing Authority(APCHA) in conjunction with each sale, conveyance or transfer of the deed-restricted unit. This document contains a release clause stating that the deed restriction will be released should the APCHA or Aspen City Council not exercise the option to purchase in the event of foreclosure. As provided in all the deed restrictions with this provision, a fee of .25% of the loan amount will be collected on each transaction. This fee is placed in a fund set aside to cover future foreclosure costs. The deed restriction, normally produced and signed after the formal approval of a project so that it accurately reflects the relevant conditions of approval, will be drafted to appropriately reflect this provision. A copy of our standard Option to Purchase is attached for your information. This has not been reviewed for its applicability to the Ullr Commons project. Your support of this employer-sponsored affordable housing project is commendable. We look forward to this model being repeated. Sincerely, Mary J. Roberts Executive Director cc: Steve Connor Tom Smith Nick Lelack✓ Katie Updike OPTION TO PURCHASE In the event of a foreclosure by the holder (including here and hereinafter assigns of the holder) of the promissory note secured by a first deed of trust on the property described as *, also known as * (hereinafter the "Property"), and subject to the issuance of a public trustee's deed to the holder following the expiration of all statutory redemption rights, the Aspen/Pitkin County Housing Authority (the "APCHA"), and either the City Council of the City of Aspen, Colorado (the "City Council") or the Board of County Commissioners of the County of Pitkin, Colorado (the "Board"), as the designee of the APCHA, shall have the option to purchase the Property which shall be exercised in the following manner a. Notice. The holder shall give such notice to the APCHA as is required under Colorado law in the foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Director, Aspen/Pitkin County Housing Authority Courthouse Plaza Building 530 East Main, Suite 001 Aspen, CO 81611 b. Option to Purchase. The APCHA, and either the Board or the City Council, as the designee of the APCHA, shall have 30 days after issuance of the public trustee's deed in which to exercise this option to purchase by tendering to the holder, in cash or certified funds, an amount equal to the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the holder during the option period which are directly related to the foreclosure. c. Title. Upon receipt of the option price, the holder shall deliver to either the APCHA or the Board or City Council, as designated by the APCHA, a special warranty deed, conveying the Property to either the APCHA, the Board or City Council, as designated. The holder shall convey only such title as it received through the public trustee's deed and will not create or participate in the creation of any additional liens or encumbrances against the Property following issuance of the public trustee's deed to the holder. The holder shall not be liable for any of the costs of conveyance to the APCHA or it designee. d. Release. In the event that the holder is issued a public trustee's deed and neither the APCHA, the Board or the City Council exercise the option to purchase, as provided herein, the APCHA shall cause to be recorded in the records of the Clerk and Recorder of Pitkin County a full and complete release of the Deed Restriction Agreement affecting the Property which appear in said records in Reception No. . Such release shall be placed of record within 14 days after demand therebr by the holder following expiration of the option and a certified copy of the release shall be mailed to the holder upon its recordation. e. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this option to purchase shall be unlawful or void for violation of: (a) the rule against perpetuities or some analogous statutory } provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the current duly elected and seated Board of County Commissioners of Pitkin County, Colorado, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. f. Successors and Assigns. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties hereto. g. Modifications. The parties hereto agree that any modification to this option to purchase shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. IN WITNESS WHEREOF,the parties hereto have executed this instrument on the day and year written below. HOLDER OF FIRST DEED OF TRUST: BY: authorized officer (date) TITLE: MAILING ADDRESS: STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 199_, by Witness my hand and official seal; My commission expires: Notary Public 2 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 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. 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: 1. 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. J r. V a S a W a S d S d S a a S V>�� d.1..tU^ 'TV�� 41�� • clef ted ro'ec' -. ■1 w ( f �La9- • it rl _ .t. ,r.,o c. -l0 'to Q� �. L cr°u L-z - • rt 5t5A. U S ri 1 4564 11111 01III' I0 HI A PUD Illr+r+ II SI 'I VIII I'II I 1 5009 07/14/2000 09:33A PUD DAVIS SILVI 1 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO PLANNED UNIT DEVELOPMENT AGREEMENT FOR ULLR COMMONS CONDOMINIUMS CITY OF ASPEN PITKIN COUNTY, COLORADO P anned Unit Development Agreement("PUD Agreement"), entered into this /4 day of_ , 2000, by and between the City of Aspen, Colorado, a municipal corpora ' n("City")and Carbondale Affordable Housing Corporation("CAHC"), shall bind the real property described in Exhibit A, which is attached hereto (which property shall be described herein as the"Real Property"). RECITALS WHEREAS, CAHC submitted an application to the City for a Consolidated Planned Unit Development(PUD),Subdivision,and Growth Management Quota System Exemption for Affordable Housing to convert the Ullr Lodge, which is located on the Real Property, to a 27-unit multi-family building, 26 of which will be deed restricted affordable housing units; WHEREAS,the Real Property is located in the Office Zone District and Historic District; WHEREAS, pursuant to Section 26.445 of the City's Land Use Code, dimensional requirements of properties may be established through the PUD review process; WHEREAS, during a duly noticed public hearing on February 9, 2000, the Historic Preservation Commission approved a request for Minor Review related to the Real Property; WHEREAS, on March 27, 2000, during a duly noticed public hearing the City Council approved a Planned Unit Development, Subdivision, and Growth Management Quota System Exemption for Affordable Housing after the application where it considered (I) a recommendation from the Planning and Zoning Commission, (2) comments from the general public, (3) a recommendation of approval from the Community Development Director and(4)recommendations from relevant referral agencies; WHEREAS, the Aspen City Council memorialized its approval of CAHC's application in Ordinance No.3,Series of2000(the"Approval Ordinance"),which is incorporated here by this reference; WHEREAS, CAHC has submitted to the City for review PUD plans for the improvements located on the Real Property within the City of Aspen, Colorado; WHEREAS, City has fully considered the PUD plans, the proposed development and improvement of the lands therein and the effects of the proposed redevelopment and improvement of the Real Property; WHEREAS, City has imposed certain conditions and requirements in connection with its approval of CAIIC's application and of the PUD plans,such matters being necessary to protect,promote and enhance the public welfare; and 111111111111111111 1111111111111111111 k 11111 1111 1111 445645 08/01/2000 10:28A PUD DAVIS SILVI 445009 07/14/2000 09:33R PUD DAVIS SILVI 2 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO PUD Agreement City of Aspen - Carbondale Affordable Housing Corporation Page 2 WHEREAS, CAHC is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in its approvals, as more specifically stated herein. NOW THEREFORE,for and in consideration ofthe premises,and the approval and acceptance of the PUD plans, it is mutually agreed as follows: 1. General. It is hereby recognized that the Approval Ordinance,this Agreement and the PUD plans, all burden the Real Property and the improvements located thereon(to be known collectively as "Ullr Commons Condominiums"or the"Project")consisting of 27-unit multi-family building, in the manner described herein. 2. Recording. This Agreement shall be recorded within 180 days ofthe date the Approval Ordinance is recorded in the real property records of Pitkin County("the County"). 3. Notice ofPUD Designation. Before any building permit may be issued to CAHC for development, redevelopment or remodeling of the improvements located on the Real Property, CAHC shall record in the real property records of the County a fully executed copy of this PUD Agreement. 4. Final PUD Plan. A Final PUD Plan shall be recorded within 180 days of the date the Approval Ordinance is recorded in the real property records of the County and shall include: a. A plan meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals shall be submitted to and approved by the City. b. An illustrative site plan of the project showing the proposed improvements,landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan,including an erosion control plan,prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required,a soil percolation report will be required to correctly size the facility. A two-year storm frequency should be used in designing any drainage improvements. 5. Recording of Documents Necessary. The Approval Ordinance, PUD Agreement and the Final PUD Plans shall be recorded in the real property records of the County before an application for a building permit may be accepted by the Building Department. 1 111111 11111 111111 11111 1111 111111 1111L 11111 1111 1111 11111111111 ne 445845 08/01/2000 10:288 PUD DAVIS SILVI 445009 07/14/2000 09:338 PUD DAVIS SILVI 3 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO 3 of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO PUD Agreement City of Aspen- Carbondale Affordable Housing Corporation Page 3 6. Condominium Map. A Condominium Map meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way,and location of utility pedestals shall be submitted to and approved by the City. The Condominium Map will recorded in the real property records of Pitkin County prior to the issuance of a certificate of occupancy for any Unit within the Project. 7. Contents of Building Permit Application. The building permit application shall include: a. A copy of the Approval Ordinance and recorded Resolution of the Aspen Planning and Zoning Commission, which Resolution was passed at a duly noticed public hearing on February 15, 2000. 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, as set forth as Section 27 of this PUD Agreement. 8. Covenants Regarding Improvements. Within the Project there shall be: a. 150 or greater net livable square feet of living area per person, including sleeping and bathroom; b. at least one bathroom shall be provided for shared use by no more than four persons;and c. a kitchen facility or access to a common kitchen. 9. Conditions Precedent to Issuance of Building Permit. 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 111111111111111111111111111111111111L;111111111111111 1 1 445645 08/01/2000 10,28A PUD DAVIS SILVI 4 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO 445009 07/14/2000 09:33A PUD DAVIS SILVI 4 of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO PUD Agreement City of Aspen - Carbondale Affordable Housing Corporation Page 4 agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 10. There shall be no excavation or storage of dirt or material shall occur within tree driplines. 11. 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. MI vehicle parking, including contractors' and their employees', shall abide by the two hour residential parking limitation of the area. CAHC shall inform the contractor of this condition. 12. CAHC shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 13. 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("APCHA")shall inspect the units to determine if the units comply with the representations made in the application. 14. CAHC shall record the Planning and Zoning Commission Resolution with the Pitkin County Clerk and Recorder. 15. All improvements constructed by CAHC shall meet the Uniform Code for Building Conservation(UCBC) standards. 16. The final deed restriction shall be approved by the APCHA,which shall include the standard foreclosure clause found in the APCHA sale unit deed restriction which allows 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. 17. If encroachment is to continue on North Fifth Street, then CAHC shall apply for an encroachment license. The City of Aspen Engineering Department shall approve the encroachment provided CAHC agrees to install a sidewalk in front of the existing parking area. This sidewalk will exist on an easement to be granted by CAHC within the Real Property boundaries. The sidewalk will conform to City of Aspen Standards,including those related to design and location, and will include the installation of curb. The sidewalk shall have tree well grates to allow for the maintenance of the existing trees. The sidewalk shall be installed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. CAHC shall avoid damaging the existing conifer during construction by "ramping" the sidewalk over the existing ground. 18. CAHC shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed as necessary. No irrigation system is required within the City's 1 1111 445009 07/14/2000 09:33A PUD DAVIS SILVI 5 of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO PUD Agreement City of Aspen - Carbondale Affordable Housing Corporation Page 5 right-of-way. Any irrigation system proposed by CAHC for the right-of-way shall be reviewed and approved by the City's Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 19. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 20. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 21. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 22. The Applicant shall submit a complete set of wastewater plans for Project to the Aspen Consolidated Sanitation District (ACSD) for review. Clay tile sanitary laterals must be inspected with a television line to discover any interference from roots. If blockage is detected the lines shall be replaced before they are connected to the ACSD sanitary lines. 23. CAHC shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 24. 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 lease the ten head-on spaces from the City for a total of$100 per month. CAHC 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. 25. All material representations and commitments made by CAHC pursuant to the development application approved by the City in the Approval Ordinance, whether in public hearing or documentation presented before the Planning and Zoning Commission,Historic Preservation Commission, Housing Board, or City Council, shall be complied with as if fully set forth herein, unless amended by an authorized entity. 26. The covenants set forth herein shall not affect 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 by the Approval Ordinance. 27. CAHC agrees to join future improvement district(s)established to plan,design,and construct such public improvements and to financially participate on a pro rata basis as may be 1111111 11111 111111 11111 1111 111111 111111111 11111 11111111 445645 08/01/2000 10:28A PUD DAVIS SILVI 5 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO II I 445009 07/14/2000 09:33A PUD DAVIS SILVI PUD Agreement 6 of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO City of Aspen - Carbondale Affordable Housing Corporation Page 6 established by an assessment formula to include property area, property frontage, per each property, or other basis of assessment, as appropriate, as determined by the City Council acting as a Board of Assessment in accordance with the City Charter or Colorado state law. In the alternative, at the City's option, the City may construct the above improvements and owner shall reimburse the City for all costs of such construction on a pro rata basis established by an assessment formula. Reimbursement shall be made to the City within ninety (90)days after receipt of invoice. In the event of a failure to pay, the cost shall be placed as a lien against the property to run with the land, until satisfied. 28. Non-Compliance and Request for Amendments or Extensions by--Owner In the event that the City Council determines that CAHC is not acting in substantial compliance with the terms of this PUD Agreement, the City Council shall notify CAHC in writing specifying the alleged non-compliance and asking that CAHC remedy the alleged non-compliance within such reasonable times as the City Council may determine, but not less than 30 days. If City Council determines that CAHC has not complied within such time, the City Council may issue and serve upon CAHC a written order specifying the alleged non-compliance and requiring CAHC to remedy the same within thirty(30)days. Within twenty(20)days of the receipt of such order, CAHC may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: a. Whether the alleged non-compliance exists or did exist, or b. Whether a variance, extension of time or amendment to this PUD Agreement should be granted with respect to any such noncompliance which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants such action and affording CAHC a reasonable time to remedy such non-compliance. A final determination of non- compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council,and upon written notice to CAHC,terminate any of such approvals which are reasonably related to the requirement(s)with which CAHC has failed to comply. Alternatively, the City Council may grant such variances,extensions of time or amendments to this PUD Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, CAHC or its successors or assigns may, on its own initiative, 445645 08/01/2000 111111111111111111I1111IIII1111111111111111fl! " IIII 6 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO Im 445009 07/14/2000 09:33A PUD DAVIS SILVI 7 of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO PUD Agreement City of Aspen - Carbondale Affordable Housing Corporation Page 7 petition the City Council for a variance,an amendment to this PUD Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this PUD Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if CAHC demonstrates by a preponderance of the evidence that the reasons for the delay(s)which necessitate said extension(s) are beyond the control of CAHC, despite good faith efforts on its part to perform in a timely manner. 29. General Provisions. a. The provisions hereof shall be binding upon and inure to the benefit of CAHC and the City and their respective successors and assigns. b. This PUD Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. c. If any of the provisions of this PUD Agreement or any paragraph, sentence, clause, phrase,word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this PUD Agreement, and the application of any such provision, paragraph, sentence, clause,phrase,word, or section in any other circumstance shall not be affected thereby. d. This PUD Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. e. Numerical and title headings contained in this PUD Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein,where the context requires,the use of the singular shall include the plural and the use of any gender shall include all genders. f. Notices to be given to the parties to this PUD Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN City Manager 130 S. Galena Street Aspen, Colorado 81611 111111 11111 111111 11111 1111 111111 111111 III 11111 1111 1111 445645 08/01/2000 10:28A PUD DAVIS SILVI 7 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 45009 07/14/2000 09:33A PUD DAVIS ILVI 611 IIII 8 of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO PUD Agreement City of Aspen- Carbondale Affordable Housing Corporation Page 8 CARBONDALE AFFORDABLE HOUSING CORPORATION Attn: Chairman P.O. Box 2001 Carbondale, CO 81623 With copy to: CARBONDALE AFFORDABLE HOUSING CORPORATION do Freilich, Myler, Leitner& Carlisle 106 S. Mill Street, Suite 202 Aspen, Colorado 81611 g. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Real Property and any and all Owners thereof their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto,their successors, grantees or assigns. 111111 11111 111111111111111111111111111111 11111 1111 ii 445645 08/01/2000 10:28A PUD DAVIS SILVI 8 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 445009 07/14/2000 09:33A PUD DAVIS SILVI HI 9 of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO PUD Agreement City of Aspen - Carbondale Affordable Housing Corporation Page 9 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a municipal corporation BY 4�" ,-- ------� Ka hael E. Richards, May'r By: L��ll a2tu 1 ke Kathryn ./ och, City Clerk APPROVED AS TO FORM: ?fz°.IL. 2 6/f/n o n 'orcester, City Attorney CAHC: CARBONDALE AFFORDABLE HOUSING CORPORATION a Colorado non-pro/ corporation Ara 6//61) By: Jay eavitt, 'resident 0 �: 1A/r 1 111111 11111 111111 11111 1111 111111 111111 III 11111 IIII 1111 445645 08/01/2000 10:288 PUD DAVIS SILVI 9 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO l II1I 41-11 ff lllf ffl ` 111W11111111 445009 07/14/2000 09:33A PUD DAVIS SILVI 10 of 10 R 50.00 D 0.00 N 0.00 PITKIN COUNTY CO PUD Agreement City of Aspen - Carbondale Affordable Housing Corporation Page 10 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this i Pot' 2074' by Rachel E. Richards as Mayor, Kathryn S. Koch as City Clerk, City of Aspen, olorado, a Municipalit .' miess myri',+ d seal. ,rn .CI•; My sionEe ii•res: 5 /5 4 i an NNf �o ��' ',CU'C��pQ`, ' Notary Public r._-_ /, ,,., )(_ k : t- `_- ,,,, STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this I of .�LuI Air W , by Jay Leavitt as President of Carbondale Affordable Housing Corporation, a Colorado non-profit corporation. Witness -• d seal. M . opimission ew h - i? - c^ • ' > o, KOE N f Notary Public ,!°y ' ) ` / - : -.. , j , _97 o ( - , t(5A A. C Ol_�r 1111111 11111 111111 11111 III 111111 111111 III 111111 III I'll 445645 08/01/2000 10:28A PUD DAVIS SILVI 10 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT "A" LEGAL DESCRIPTION LOTS K, L, M, N AND THE WEST ONE-HALF OF LOT O, BLOCK 30, CITY AND TOWNSITE OF ASPEN I 11111 11111 11111 IIIII II 111111 11111 III 111111III1111 445845 08/01/2000 10:28A PUD DAVIS SILVI 11 of 11 R 55.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION NO. 8 (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMIISSION 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, 1111111 11111 111111 11111 111111 III 1111111 III 11111 IIII IIII 441032 03/02/2000 10:52A RESOLUTI DAVIS SILVI 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety,and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Tide 26 of the Aspen Municipal Code, the Ullr Lodge Planned Unit Development, Subdivision,and Special Review for Parking for the existing lodge to be converted to a 27-unit multi-family building, is approved subject to the conditions of approval described hereinafter. 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: 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. I"III f'lll I'lll' II'I' II"II I'I I'II"I III 'lll' II'I I"I 441032 03/02/2000 10:52A RESOLUTI DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 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. 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: 3 of S R 29.00 0 0.00 N 0.00 PITKIN COUNTY CO • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards, including the design and location, and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. The applicant shall avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground 17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the Right-of-way. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 18. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 19. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 20. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District(ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage,then the lines shall be replaced before they are connected to the ACSD sanitary lines. 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. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits. 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 or City Council, are 1 111111 11111 111111 11111 111111 III 1111111 III 11111 1111111 441032 03/02/2000 10:521 RESOLUTI DAVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN 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"1 day of February, 2000. APPROVED by the Commission at its regular meeting on February 15, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: [ii orney L4 s______ Ci Robert Blaich, Chair ATTEST: clue Lothian,Deputy City Clerk C:\home\nicklWa:ive Cases\UIIr Lodge\ULLR Lodge PUD,Sub,parldng2.doc 1 111111 11111 111111 11111 111111 111 1111111 111 111111111 1111 441032 03/02/2000 10:52A RESOLUTI DAVIS SILVI 5 of 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Direct / Joyce Ohlson, Deputy DirectorcjPsc) FROM: Nick Lelack, Planner\ RE: Ullr Lodge/Commons Consolidated Planned Unit Development Review, Subdivision, Special Review for Parking, and GMQS Exemption for Affordable Housing, Ordinance No. 3, Series of 2000, Public Hearing DATE: March 27, 2000 APPLICANT: Carbondale Affordable Housing iF rt Corporation �,. ,.+ f Yb;: ..�" Hf REPRESENT ATIV&: y"40 Ad'"" : � 'rr. Katherine L. Updike, Building , • 4 — Solutions, LLC s w a r LOCATION: ry ,s., ,M__ 520 West Main Streetw "*'�' ' ZONING: Office, Historic District CURRENT LAND USE: The Ullr Lodge located at the corner of Main Street Lodge— 27 units and 5th Street. PROPOSED LAND USE: Multi-Family Residential —26 AH SUMMARY: units, 1 free market unit The purpose of this application is to change the Ullr Lodge/Commons' land use from "lodge"to "multi- LOT SIZE: family residential." Approval for this project 13,439 sq. ft. requires the establishment of a Planned Unit Development (PUD), Subdivision to create 27 FAR: dwelling units, and GMQS Exemption for affordable Existing: 11,900 sq. ft. housing. The Historic Preservation Commission, Proposed: 11,900 sq. ft. Planning and Zoning Commission and Housing Allowable: 14,850 sq. ft Board have recommended approval with conditions. 1 REVIEW PROCEDURE • Consolidated Conceptual and Final Review Planned Unit Development (2-Step Review): An applicant may request and the Community Development Director may determine that because of the limited extent of the issues involved in a proposed PUD in relation to these review procedures and standards, or because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director has determined that the conversion of the existing Ullr Lodge to an employer owned and operated affordable housing complex serves a significant community interest which the project would serve, and the limited nature of physical changes to the building qualifies it for the consolidated review. This two step process does not require approval of a conceptual development plan, only review and approval of a final development plan by the Planning and Zoning Commission and the City Council, with public hearings occurring at both. The Planning and Zoning Commission shall recommend approval, approval with conditions, or disapproval to the City Council. • Subdivision (2-Step Review): Approval of a subdivision requires the review and recommendation for approval, approval with conditions or disapproval by the Planning and Zoning Commission followed by a review and approval, approval with conditions or disapproval by the City Council. • Special Review for Parking: Section 26.304.050 allows combined reviews; therefore, this review is combined with the PUD review. • Growth Management Quota System Exemption for Affordable Housing: Exemption requests for affordable housing or for free market residential, shall require review by the Housing Board and final review by City Council. STAFF COMMENTS: Carbondale Affordable Housing Corporation ("Applicant"), represented by Katherine L. Updike of 1uilding Solutions, LLC, has contracted to buy the Ullr Lodge. The Applicant is requesting a consolidated Planned Unit Development (PUD) approval to convert the existing lodge to a multi-family residential building, named Ullr Commons, that is owned and operated by Aspen employers. The employers would purchase 26 units for the costs incurred by the Applicant for purchase and upgrades. Subsequently, the employers will deed restrict the units to Category 3 or 4. Resale of the units would be governed by an appreciation cap of 3%. The project is exempt from GMQS because 26 dwelling units will be deed restricted to affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more than one residential unit will he created." A previous code interpretation of this section stated that the one residential unit may be a free market unit. If approved, the affordable housing units would receive 26 allocations from the Affordable Housing Base Allotment Pool and the free market 2 residential unit would receive one (1) allocation from the Free Market Residential Base Allotment Pool. The exterior of the Lodge and Floor Area Ratio would change only slightly. On the exterior, the pool and 200 square foot poolroom would be removed and replaced with a °ro f`t a _ 4 court yard. The interior space is being upgraded for life safety code variances and some units will be improved to accommodate permanent residents—others will C remain "dormitory" style units and , will have access to the facility's ,�: 4 • common kitchen. The pool and pool room will be replaced with a Converting the lodge to multi-family more usable court yard for residents. residential requires the subdivision of this property because more than three (3) dwelling units would be created; in fact, 27 dwelling units would be created. The Land Use Code does not treat the conversion of existing units differently from newly built units. The greatest impact subdivision has on this property is to subject it to the school and park impact fees, because residents will place greater demands on the Aspen School District and City parks than tourists. The school impact fees will be approximately $11,091.60 for 27 units. Park,water, and sewer fees will be determined at the time building permits are issued. The City's PUD process allows all of a property's dimensional requirements to be established through the final PUD. This includes parking, FAR, and setbacks. Special Review for parking can be reviewed simultaneously with PUD review. None of the building's dimensional requirements are proposed to be changed. Nevertheless, they must be established as part of the PUD review. Staff has reviewed this application against all of the applicable criteria and finds the project to be in substantial compliance, primarily because of the limited nature of physical changes occurring to the building. Section 26.515 of the Land Use Code requires two (2) parking spaces for multi-family use buildings; and one (1) space per dwelling unit is required if the unit is either a studio or one-bedroom unit. Therefore, 36 parking spaces would be required for a 27-unit building. Currently, the 27-unit Lodge has 16 parking spaces. The spaces are located on the Ullr's property in the alley and along 5'11 Street in the public right-of-way. Photographs of the existing spaces are shown below. ti ".rte, ", ' Y atc 4 ;1 1. c % . sera , r,• Parking along 51h Street in public right-of-way. Parking in alley on the Lodge's property. There is no room on site to increase the number of parking spaces. The Applicant requests to establish the existing 16 parking spaces for the new use. In addition, the new owners shall encourage reduced car ownership by implementing at least one of the following concepts with 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 preferences to employees without an automobile. Staff believes that because there is a serious deficiency of on-site parking spaces, the Applicant should be required to implement at least three of the above concepts. Specifically, staff believes that (a) rent incentives for employees without cars, (d) subsidized RFTA transportation passes, and (e) rental preferences to employees without an automobile should be required and be made conditions of approval. Tim Ware, Director of Parking Control, believes that there will be more individuals occupying the building more of the time, which will result in more cars parking on site and in the neighborhood. Mr. Ware recommends imposing a condition of approval that requires the maximum number of residential parking permits allowed for the Ullr Lodge's residents be limited to a maximum of 36. He is concerned that without this restriction a resident may own, for example, four (4) cars and obtain resident parking permits for all 4; currently, there is no limitation on the number of parking permits a resident may obtain, although this issue is under review by City Council. He also strongly supports rent incentives for residents that do not own cars. Staff, however, is not supportive of reducing the street parking passes in a manner different from that offered to the general public. City Council does have the authority to limit the street permits for this project, especially considering the project is being reviewed as a PUD. However, a policy that is driven by the affordability of 4 one's home does raise some concern and such a condition would set a precedent for affordable housing. Staff believes the street parking issues this community faces should be addressed as a topic and applied uniformly to residences, regardless of affordability. In addition, the City Engineer recommends imposing a condition of approval requiring the Applicant to construct a new sidewalk from Main Street along the property line on 5"' Street to the alley. This sidewalk would increase pedestrian accessibility to and from the site and neighborhood to Main Street. The Parks Department has reviewed the site and approved the design and location of the sidewalk to minimize the impact on trees. The Applicant has agreed to this condition. The employer owners will also lease spaces which encroach into the public right-of-way on 5"' Street from the City. Photographs of the proposed sidewalk location are shown below. Kd BenaR^ CI!�3 F#te. tit y y 1 4 v f e ;i41:121 14/.; a l s . 2e. :1"es ':aa,rnsivs-saxperxr Location of new sidewalk. View from alley. Location of proposed sidewalk entrance on Main Street, and current pedestrian path. On February 9, 2000, the Historic Preservation Commission unanimously approved the Ullr Lodge Minor Review to perform insignificant exterior changes to the structure, which is not an historic landmark but is located in the Historic District. On February 15, the Planning and Zoning Commission unanimously recommended approval of the proposal with all of the conditions in that draft Ordinance except Condition 24. Commission members did not believe the employer owners should be required to provide bus passes to their employees because they will be working in town. On March 15, the Housing Board unanimously recommended approval of the GMQS exemption for affordable housing. Planning Staff recommends approval of the application for the following reasons. 5 (1) The City will gain 26 deed restricted affordable housing units, increasing the community's stock of affordable housing. (2) The property is appropriately situated for employee housing because of its close proximity to the downtown core, sidewalks, and public transit. Residents may access these amenities on foot, bus, or bike. And, the employers have agreed to implement at least one measure to encourage reduced car ownership by the building's tenants. Tourists and existing tenants currently do not have any incentive to not own a car and park it on-site. (3) The Applicant is upgrading the building for all life safety related issues in accordance with the Uniform Code for Building Conservation (UCBC) standards. The UCBC applies more specifically to existing buildings than does the Uniform Building Code, and is designed to safely preserve and utilize the community's existing building stock. (4) The only external changes to the building are improvements. The Applicant plans to construct a new sidewalk and provide a handicap parking space in a location where it otherwise would not currently be required. And, removing the pool and pool house for a usable court yard improves usable open space on site and viewable from Main Street. RECOMMENDATION: Staff is recommending approval of the Ullr Lodge PUD, Subdivision, and GMQS Exemption for Affordable Housing with the following conditions: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 6 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: 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 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 7 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards, including the design and location, and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Sleeker Streets. The applicant shall avoid damage to the existing conifer by "ramping"the sidewalk over the existing ground 17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the Right-of-way. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 18. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 19. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 20. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. 8 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. The Ullr Lodge/Commons employer owners shall provide (1) rent incentives for employees without cars, (2) subsidized RFTA transportation passes, and (3) rental preferences to employees without an automobile. RECOMMENDED MOTION: "I move to approve the Ullr PUD, Subdivision, and GMQS Exemption for Affordable Housing to convert the lodge to a multi-family residential building with 26 deed restricted affordable units and 1 free market unit, at 520 West Main Street, on Second Reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Development Application 9 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 Ul1r 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 reviewed and considered the recommendation of the Historic Preservation Commission, Planning and Zoning Commission, the Aspen/Pitkin County Housing Board, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for the existing lodge to be converted to a 27-unit multi-family building, is approved subject to the conditions of approval described hereinafter. 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: 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 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards, including the design and location, and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. The applicant shall avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground 17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the Right-of-way. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 18. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 19. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 20. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. 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. The Ullr Lodge/Commons employer owners shall provide (1) rent incentives for employees without cars, (2) subsidized RFTA transportation passes, and (3) rental preferences to employees without an automobile. 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. Attest: Kathryn S. Koch, City Clerk Rachel Richards, Mayor FINALLY, adopted, passed and approved this 27th day of March, 2000. Attest: Kathryn S„ Koch, City Clerk Rachel Richards,Mayor Approved as to form: John Worcestor, City Attorney C:A home Anick)AActive CasesVUltr I.odgeACC Ordinanec.doc EXHIBIT A ULLRPUD, SUBDIVISION, & GMQS EXEMPTION REVIEW CRITERIA& STAFF FINDINGS 26.445.050 Review Standards: Consolidated PUD A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding The Aspen Area Community Plan's housing philosophy states that "the private sector must be encouraged financially and morally to solving the [housing] problem (p. 19)." The Carbondale Affordable Housing Corporation's proposal for 26 employer owned and operated affordable housing units implements this philosophy. In addition, it is consistent with the plan by taking the burden off of the Housing Authority to provide affordable units. The AACP encourages the provision of employee housing within the Aspen Metro Area, which this proposal would achieve. It increases the community's stock of affordable housing units without consuming public monies. The proposal also implements the plan's transportation philosophy, which calls for encouraging the use of transit and other alternative modes of travel. Providing affordable housing near the downtown core and near a transit stop encourages residents to walk, bike or take the bus for all local trips. This standard is appropriately addressed. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The project is consistent with the character of existing land uses in the area. The location is on Main Street, which consists of a mix of land uses, including multi-family buildings, lodges, single family homes, duplexes, shops and offices, and a park. There will be minimal exterior changes to this project, so its character will remain unchanged. This standard is addressed. 10 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding The nature of the project will not in any way adversely affect the future development of the surrounding area. Changing the building from lodge to multi-family, building a sidewalk along the property line on 5] Street, and removing the pool and pool room will not impact the future developments in the area. This standard is addressed. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The development is exempt from GMQS because it is an affordable housing project with only one free market residential unit. The project is exempt from GMQS because 26 dwelling units will be deed restricted to affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more than one residential unit will be created." A previous code interpretation of this section stated that the one residential unit may be a free market unit. If approved, the affordable housing units would receive 26 allocations from the Affordable Housing Base Allotment Pool and the free market residential unit would receive one (1) allocation from the Free Market Residential Base Allotment Pool. 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 area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes,waterways, shade, and significant vegetation and landforms. 11 d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Findin2g The property is approximately 13,500 square feet. The existing and proposed floor area are approximately 11,900 square feet. The Applicant requests that the existing dimensions of the building be established under the PUD because only minor changes will occur on site. There are no natural or man-made hazards on site. Existing natural characteristics of the property will be preserved. Stephen Ellsperman of the Parks Department evaluated the site. He identified significant trees on the property which must be protected, as well as sick or inappropriately planted trees. A condition of approval is that the Applicant include tree wells in the sidewalk design, provide a sidewalk ramp over the roots of existing significant trees, and obtain tree removal permits for the sick and inappropriately planted trees on the property. The site's natural features will also be improved with landscaping on the Main Street side of the property. The City Engineer recommended the Applicant be required to build a sidewalk along the property from Main Street to the alley on 5"' Street. The existing and proposed man-made characteristics of the property and the surrounding area would not significantly change from this project. Staff believes the proposed dimensions of this PUD to be appropriate and compatible with the surrounding area. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The project would not significantly change the dimensional requirements in any way. In fact, the project would increase the quantity of open space on site by removing the pool and pool room. These facilities would be replaced by a more usable court yard. Staff believes the 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. This standard is addressed. 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 12 commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The 27-unit lodge currently has 16 on site parking spaces. Converting the lodge to a multi- family building would likely increase the demand for parking on site and in the neighborhood. Section 26.515 of the Land Use Code requires two (2) parking spaces for multi-family use buildings; and one (1) space per dwelling unit is required if the unit is either a studio or one-bedroom unit. Therefore, 36 parking spaces would be required for this 27-unit multi-family building. The spaces are located on the Ullr's property in the alley and along 5th Street in the public right- of-way. There is no room on site to increase the number of parking spaces. The Applicant requests to establish the existing 16 parking spaces under the PUD. The Applicant has also confirmed that the employer owners have agreed to encourage reduced car ownership by implementing at least one of the following concepts with 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 preferences to employees without an automobile. However, Community Development Staff strongly believes that because there is a serious deficiency of on-site parking spaces, the Applicant should be required to implement at least three of the above concepts. Specifically, staff believes that (a) rent incentives for employees without cars, (d) subsidized RFTA transportation passes, and (e) rental preferences to employees without an automobile should be required and be made conditions of approval. Tim Ware, Director of Parking Control, believes that there will be more individuals occupying the building more of the time, which will result in more cars parking on site and in the neighborhood. Mr. Ware recommends imposing a condition of approval that requires the maximum number of residential parking permits allowed for the Ullr Lodge's residents be limited to a maximum of 36. He is concerned that without this restriction a resident may own, for example, four (4) cars and obtain resident parking permits for all 4; currently, there is no limitation on the number of parking permits a resident may obtain, although this issue is under review by City Council. He also strongly supports rent incentives for residents that do not own cars. Staff, however, is not supportive of reducing the street parking passes in a manner different from that offered to the general public. City Council does have the authority to limit the street permits for this project, especially considering the project is being reviewed as a PUD. However, a policy that is driven by the affordability of one's home does raise some concern and such a condition would set a precedent for affordable 13 housing. Staff believes the street parking issues this community faces should be addressed as a topic and applied uniformly to residences, regardless of affordability. Finally, staff believes that providing employee housing in this location will more than offset any need for additional parking that may be created by this project, but also strongly supports the incentives employers will provide to their tenants to discourage car ownership. The property is ideally situated for pedestrian and mass-transit use. Parks, sidewalks, public transit and the downtown core are all easily accessed from this location on foot, bus, and bike. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding There are no infrastructure capacity issues that would prohibit the amount of development being considered. Staff does not recommend any reductions in the development being proposed. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding There are no known natural hazard or site limitations that prohibit the amount of development being considered. Staff does not recommend any reductions to the proposed development based on this standard. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding 14 development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The applicant is not requesting an increase in density beyond what is allowed within the PUD although a significant community goal —affordable housing— is being achieved through this development. In addition, the site's physical capabilities can accommodate the multi-family residential use with the life-safety improvements to the building, and the development pattern is compatible with and complimentary to the area. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The proposed development complies with the man-made features on the site and does not detract from the site's natural features or visual interest. It contributes to the town's identity by preserving the existing building, and would provide more functional open space for residents. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding No new structures are proposed in the application. Open space on site will be enhanced by the expansion of a functional courtyard. This project will not affect open spaces or vistas in any way. 15 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding No significant 'changes are proposed to the existing structure, so this standard is not applicable. The existing building is oriented to Main Street and contributes to the urban context of the neighborhood, and provides visual interest to vehicular and pedestrian movement. Removing the poolroom and creating a more functional open space will enhance the building's visual interest. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding This existing building and access ways are appropriately arranged to allow emergency and service vehicle access. This criterion is addressed. 5. Adequate pedestrian and handicapped access is provided. Staff Finding A condition of approval, agreed to by the Applicant, will be the construction of a new sidewalk from Main Street to the alley along the property line at the owner's expense. This sidewalk will help provide adequate pedestrian access to the building and neighborhood. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding Drainage should not be affected to any degree because additional impervious surfaces are not being proposed by this development. In fact, removing the poolroom and expanding the courtyard may increase the site's drainage. This development should not increase the site's drainage impact on surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding The building will be for a multi-family residential land use; hence, this standard is not applicable. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city,with surrounding parcels, 16 and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features,which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding A condition of approval will be the planting of grass seed and landscaping the building's facade fronting Main Street. Significant existing natural and man-made site features will be preserved. Specifically, the new sidewalk will include tree wells and a ramp over tree roots to protect and preserve existing trees. Existing landscaping in the court yard will not be affected by this development, although additional landscaping may be provided in and around the space created by the removal of the pool room. E. Architectural Character. It is the purpose of this standard is 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. Staff Finding The proposed development does not change the existing building's architecture. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation anad by use of non- or less-intensive mechanical systems. 17 Staff Finding The physical changes proposed to the building include improving solar access and increasing natural light to several units by increasing window sizes and installing new window wells. This criterion is addressed. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding Existing storage of shedding snow, ice and water is accomplished in an appropriate manner, and the proposed development will not impact the storage or maintenance of the current facility. Roof overhangs extend beyond walkways, and the entrance to each unit is covered. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding All new lighting for the proposed addition will be down directional and in compliance with the City's lighting code and Uniform Building Code for safety. The new lighting will be designed to minimize glare onto adjacent properties. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 18 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding This standard is not applicable because the proposed development does not include a park, open space or recreation area. 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. Staff Finding All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. A condition of approval will be to require the Applicant to submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. Water and ACSD fees will be due at the time of building permits. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding A condition of approval shall be that the Ullr owner(s) mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. 19 Staff Finding No oversized utility stubs were requested to be installed with this development. I. Access and Circulation. (Only standards 14k2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 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. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The application does not propose any changes to the form or nature of access to public streets, other than the condition of approval to construct a new sidewalk along 511' Street from Main Street to the alley. The sidewalk will improve pedestrian circulation in and around the site and neighborhood. Trail and existing roads will not be impacted by this development other than the potential for increased parking by tenants with resident parking permits in the neighborhood. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of 20 the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees- in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding This standard is not applicable because there will only be one phase. 26.480.050 Review Standards: Subdivision A development application for subdivision review shall comply with the following standards and requirements: 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. Staff Finding The proposed subdivision is consistent with the AACP, particularly concerning the housing and transportation philosophies. It is also consistent with existing land uses in the area, will not adversely affect future development of surrounding areas, and is in compliance with all applicable requirements of this Title. The AACP housing philosophy states that"the private sector must be encouraged financially and morally to solving the [housing] problem (p. 19)." The Carbondale Affordable Housing Corporation's proposal for 26 employer owned and operated affordable housing units implements this philosophy. In addition, it is consistent with the plan by taking the burden off of the Housing Authority to provide affordable units. 21 The AACP encourages the provision of employee housing within the Aspen Metro Area, which this proposal would achieve. It increases the community's stock of affordable housing units without consuming public monies. The proposal also implements the plan's transportation philosophy, which calls for encouraging the use of transit and other alternative modes of travel. Providing affordable housing near the downtown core and near a transit stop encourages residents to walk, bike or take the bus for all local trips. This standard is appropriately addressed. 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. Staff Finding The proposed subdivision involves changing the use of an existing building from lodge to multi-family residential. This land is suitable for the change in use because of its location near the center of town, public transit, and sidewalks, and existing utilization of public facilities and services. Intensification of the building's use will increase the efficiency of public facilities because they are already provided to this site and capable of accommodating expanded demands by residents. 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: 1. 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. 22 Staff Finding The Application is to utilize the existing Ullr Lodge "as is" with minor changes, including removing the pool and poolroom. The Applicant is not requesting additional variations to the subdivision design standards. 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. Staff Finding The Ullr Lodge is being converted from a lodge to a 27-unit multi-family building, including 26 deed restricted affordable housing units. This standard is appropriately addressed. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding School impact fees for the creation of 27 dwelling units will be approximately $11,091.60. Fees are assessed for studio/1-bedroom, 2-bedroom, and 3 or more bedroom dwelling units, but not for dorm units. Table 1. School Impact Fees for 27 units. Unit Type Dedication Land Fee per Unit Number Total Requirement (sq. ft) Value Lodge/Dorm 0 0 0 10 0 Studio/1-bedroom 52 $2.70 $140.40 7 $982.80 2-bedroom 416 $2.70_ $1,123.20 9 $10,108.80 3-bedroom 707 $2.70 $1,908.90 1 $1,908.90 Total Impact Fee 27 $11,091.60 Section 26.470.070(J): Growth Management Quota System (GMQS) Exemption for Affordable Housing 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 23 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 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. Staff Findin The project is exempt from GMQS because 26 dwelling units will be deed restricted to affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more than one residential unit will be created" A previous code interpretation of this section stated that the one residential unit may be a free market unit. This standard is addressed for this project to be GMQS exempt. 24 EXHIBIT B REFERRAL COMMENTS MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer Reference DRC Caseload Coordinator Date: February 2, 2000 Re: UlIr Lodge (Draft Response) The Development Review Committee has reviewed the Ul1r Lodge application at their January 19, 2000 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage—Requirement—The drainage report submitted with the application is insufficient. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with a percolation test to verify the feasibility of this type of system. Drywells have depths well below depth of frost (10' minimum) to function in cold weather. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within public right of way or utility easements. The foundation drainage system should be separate from storm drainage, must be 25 detained and routed on site, and must be shown on drainage plans prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Information—The City drainage criteria needs to implemented. This includes but is not limited to erosion control, soil stabilization, and vegetation disturbance. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise from potential mud and debris flow. 2. Sidewalk, Curb, and Gutter—Requirement- The submitted plat does not show the installation of curb, gutter, and sidewalk along roadways. As of the request of the Engineering Department revisions need to be made, if urban design features are proposed, as follows: a. All streets and access roads need to have curb and gutter upgrades that comply with City of Aspen standards unless already approved by the City Engineering Department. b. All streets and access roads need to have sidewalks that comply with City of Aspen standards. c. 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. 3. Fire Protection District—Information—The application states that all of the office space, retail space, and employee housing will be sprinkled. As of the request of the Fire Protection District revisions need to be made as follows: a. There should be maintenance of the existing fire alarms in the building to avoid failure. b. The installation of Residential Sprinkler Systems is requested, but may not be bound by local codes. There may be a required installation of Residential 26 Sprinkler Systems in the new 1900 sf area that will be upgraded to three new units. 4. Parks Department— Information - The Main Street right-of-way adjacent to this property has been neglected for years. It should be a condition of approval for the PUD that the applicant improves the ROW and maintain it regularly. The only improvement that will be required is grass seeding. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the ROW. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. It is already a municipal law that the adjacent property owner is responsible for maintenance of the ROW. Maintenance responsibilities include irrigating and grass trimming. The City is responsible for street tree maintenance including tree trimming and installation. The City Forester has approved the removal of one dying tree near the alley between Main and Bleeker Streets. This approval will allow for the continuation of the required sidewalk to the alley. Also, the City Forester has requested that for the extension of the sidewalk to Main Street, the applicant should avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground. Finally the City Forester would like to have landscaping between the existing wall on Main Street and the existing sidewalk. This landscaping should be similar to the landscaping along the Main Street Parkway. 5. Utilities (General)— Information—All use of City utilities must be planned accordingly. 6. Streets Department — Requirement - As of the request of the Engineering Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 7. Utilities: - Water: City Water Department Requirement— a. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 27 - Wastewater: Aspen Consolidated Waste District Requirement — As a request of the Consolidated Waste District, revisions need to be made as follows: a. A set of plans for the Ullr Lodge must be given to Peg in the ACSD office for review. b. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines need to be replaced before they can be connected to the ACSD sanitary lines. - Construction: Work in the Public Right of Way Requirement — Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including landscaping, within public rights of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for tree removal permits, landscaping in the ROW, vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920- 5130) for mailboxes, streets, and alley. 4. Permits: Obtain permits for any work or development, including street cuts, landscaping, within the public rights of way from the city community development department. DRC Attendees Staff: Nick Adeh Applicant's Representative: Katie Updike Ed Van Walraven Nick Lelack Tom Bracewell Phil Overynder Ben Ludlow Becca Schickling 28 i fy l I{'‘ . . I r` • '1%� h_-� `� II y�?o, 1}''- w _ �` I., I' 1: Ai- prIr �`yT :.tS. I t� �1 I II vb. . iihauailiff.210„1-4--- .2- - ''7111"-"--5.. 4 4... s' • - F. .K v 952 ■,".�. � County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATION State of Colorado } '/ ,! SECTION 26.304.060 (E) r, ,Ar,'e u o�ie , being or representing an Applicant to the City of Aspen,personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060 (E)of the Aspen Land Use Regulations in the following manner: l.. By mailing of notice, a copy of which is attached hereto, by first-class,postage prepaid U.S.Mail to all owners of property with three hundred(300) feet of the subject property, as indicated on the attached list, on the yety ofhfiaay.7otr(which is 0 days prior to the public hearing date ofC �. J ldz 2. By posting a sign in a conspicuous place on the subject property(as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the Cit day of rl1Yi/O,ri ,Zppp,(Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. deC- Sign ture (Attach photograph here) Signed before me this / d day 7l/Leck-e_.4 _ • Q by �/�,f WITNESS MY ��e.y-Ns OFFICIAL,SEAL // 41 c'et- Mycommissio ' .•ISR?. ��� � 2 ham.-)r1 .i 0 1 'dc`' -"f�� /it Nor:i',•ub. '. .. _6/C�-'G , i _4, , / /,J� ya � �C // 7 Gam' ` Notary •ublic Or cn0,0 " rnzb(- lay Commission expires 2/20/2001 if/ PUBLIC NOTICE RE: ULLR LODGE PLANNED UNIT DEVELOPMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on March 27, 2000 at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 South Galena, Aspen, to consider an application submitted by Carbondale Affordable Housing Corporation, requesting approval of an application for a Minor Planned Unit Development, Special Review for Parking, Subdivision, and Growth Management Quota System Exemption for Affordable Housing. The Property is commonly known as the Ullr Lodge, and is described as Lots K, M,N and the west half of 0, Block 30, of the City and Townsite of Aspen. For further information contact Nick Lelack at the Aspen/Pitkin Community Development Department, 130 South Galena St., Aspen, CO (970) 920-5095. S/Rachel E. Richards, Mayor Aspen City Council Published in the Aspen Times on March 10, 2000 City of Aspen Account t: KRUIDENIER 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 81011 BALBOA ISLAND CA 92662 HAYES MARY E LEBLANC SHERIE MATILDA OLSHAN BURTON D 1/2 209 E SLEEKER ST 105 PTARMIGAN OLSHAN KATHLEEN W 1/2 ASPEN CO 81611 BASALT CO 81621 5408 OLD LEEDS RD BIRMINGHAM AL 35210 TOMCICH WILLIAM WOOD HELENA ASPEN MTN RESCUE PO BOX 1498 C/O AMBIANCE LTD 630 W MAIN ST • ASPEN CO 81612-1498 1548 SLOCUM ST ASPEN CO 81611 DALLAS TX 75207-3615 YOUNG DONALD L RUDOLPH RICHARD E DUNSDON S MICHAELE 617 W MAIN ST PO BOX 3080 BORKENHAGEN DAVID A ASPEN CO 81611 CAREFREE AZ 85377 • PO BOX 2225' ASPEN CO 81612 THROM ROBERT& PHYLISS 1/2 INT IGLEHART JIM IGLEHART JIM THROM DOUGLAS 1/2 INT 617 W MAIN ST 610 W HALLAM ST 617 W MAIN ST ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 KOELLE ALICE KLEIN DEBBIE HAISFIELD MICHAEL DOUGLAS& PO BOX 2871 A COLORADO CORPORATION HAISFIELD LISA YERKE ASPEN CO 81612 546 MCSKIMMING RD 435 W MAIN ST ASPEN CO 81611 ASPEN CO 81611 ASPEN HISTORICAL SOCIETY NATIONWIDE THEATRES CITY OF ASPEN 620 W SLEEKER ST CORPORATION 130 S GALENA ST ASPEN CO 81611 A CALIFORNIA CORPORATION ASPEN CO 81611 120 N ROBERTSON BLVD LOS ANGELES CA 90048 • HILLMAN DORA B TRUST FISCHER SISTIE HILLMAN TATNALL LEA 504 W BLEEKER 442 W BLEEKER 504 W BLEEKER ST ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 • FELD ANNE S SMALL AND LARGE FRIES LLC FERGUS ELIZABETH DAWSON 1700 PACIFIC AVE STE 4100 1265 MOUNTAIN VIEW PO BOX 1515 DALLAS TX 75201 ASPEN CO 81611 ASPEN CO 81612 BAILEY RYAN 1994 TRUST 50% BAILEY RYAN 1994 TRUST 50% LEVIN WILLIAM A REV LIVING TRUST C/O JANUS CAPITAL C/O JANUS CAPITAL 1 PENN PLZ STE 725 620 E COOPER 620 E COOPER NEW YORK NY 10119-0799 ASPEN 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 I cl; Al I Ir; I III I G 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 VERLEGER MARGARET B& PHILIP K JR HUNTINGTON TRUST CO NA TRUSTEE HALL TERESA 50% INTEREST 105 MATTISON DR 0/0 NAT ZONAL CITY BANK ATTN CE 605 W MAIN ST CONCORD MA 01742-4138 WIGHTON ASPEN CO 81611 155 E BROAD ST 5TH FLOOR COLUMBUS OH 43251 501 WEST MAIN LLC CUNNINGHAM INVESTMENT CO INC AOYAMA TETSUJI 408 AABC#202 605 W MAIN ST AOYAMA AKIKO ASPEN CO 81611 ASPEN CO 81611 6105 NE KESWICK DR SEATTLE WA 98105 OSULLIVAN MIKE & LISA MADSEN MARTHA W ALH HOLDING COMPANY GUNNISON PO BOX 4476 608 W HOPKINS AVE APT 9 A COLORADO CORPORATION ASPEN CO 81612 ASPEN CO 81611 435"1 MAIN ST ASPEN CO 81611 BOOMERANG LTD 500 W HOPKINS AVE ASPEN CO 81611 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATION State of Colorado } SECTION 26304.060 (E) I, Ad/le 1 z/e , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060 (E) of the Aspen Land Use Regulations in the following manner: I. By mailing of notice, a copy of which is attached hereto, by first-class,postage prepaid U.S. Mail to all owners of property with three hundred (300) feet of the subject property, as indicated on the attached list, on theriAlay of Rh«y.2$i9Q(which is days prior to the public hearing date of 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of e 'r r ,ZD Q. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. Sig ture (Attach photograph here) Signed before me this J day Tlrt,:t.-,.e-k_ Y K c. . U PD EKE WITNESS MY HAND AND OFFICIAL SEAL My commission e... : ��"�ti, Afr, p •ens i Pi C/_R/t C fill, le No :4 u' c, i r 'PHILIP. Notary "ublic' 'g atuxe.. `..... Nn Commission expires 2128/2001 PUBLIC NOTICE RE: ULLR LODGE GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AFFORDABLE HOUSING NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March 15, 2000 at a meeting to begin at 5:00 p.m. before the Aspen/ Pitkin County Housing Board, at Plaza 1, 530 East Main Street, Aspen, to consider an application submitted by the Carbondale Affordable Housing Corporation for a Growth Management Quota System Exemption for Affordable Housing. The property is commonly known as the Ullr Lodge, and is described as Lots K, M,N, and the west half of 0, Block 30, City and Townsite of Aspen. For further information, contact Nick Lelack at the Aspen/Pitkin County Community Development Department, 130 S. Galena St., Aspen, CO (970) 920- 5095, nickl @ci.aspen.co.us. s/Jackie Kasabach, Chair Aspen/Pitkin County Housing Authority Board Published in the Aspen Times on February 25, 2000 City of Aspen Account MEMORANDUM V1 a4. TO: Mayor and City Council V 14v THRU: Steve Barwick, City Manager - 1 John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director- FROM: Nick Lelack, Planne$$ RE: Ullr Lodge/Commons Consolidated Planned Unit Development Review, Subdivision, Special Review for Parking, and GMQS Exemption for Affordable Housing, Ordinance No. 3, Series of 2000, First Reading DATE: February 28, 2000 APPLICANT: Carbondale Affordable Housing Corporation I « rr, P ty III r � ::At REPRESENTATIVE: ,. ` ' - Katherine L. Updike, Building Solutions, LLC "I; :•r , r a u .4,, r r LOCATION: "4,7401.. 520 West Main Street Zee ZONING: Office, Historic District CURRENT LAND UsE: The Ullr Lodge located at the corner of Main Street Lodge—27 units and 5th Street. PROPOSED LAND USE: Multi-Family Residential-26 AH SUMMARY: units, 1 free market unit The purpose of this application is to change the Ullr Lodge/Commons' land use from"lodge"to "multi- LOT SIZE: family residential." Approval for this project 13,439 sq. ft. requires the establishment of a Planned Unit Development(PUD), Subdivision to create 27 FAR: dwelling units, and GMQS Exemption for affordable Existing: 11,900 sq. ft. housing. The Historic Preservation Commission, Proposed: 11,900 sq. ft. Planning and Zoning Commission and Housing Allowable: 14,850 sq. ft Board have recommended approval with conditions. 1 REVIEW PROCEDURE • Consolidated Conceptual and Final Review Planned Unit Development(2-Step Review): An applicant may request and the Community Development Director may determine that because of the limited extent of the issues involved in a proposed PUD in relation to these review procedures and standards, or because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director has determined that the conversion of the existing Ullr Lodge to an employer owned and operated affordable housing complex serves a significant community interest which the project would serve, and the limited nature of physical changes to the building qualifies it for the consolidated review. This two step process does not require approval of a conceptual development plan, only review and approval of a final development plan by the Planning and Zoning Commission and the City Council, with public hearings occurring at both. The Planning and Zoning Commission shall recommend approval, approval with conditions, or disapproval to the City Council. • Subdivision (2-Step Review): Approval of a subdivision requires the review and recommendation for approval, approval with conditions or disapproval by the Planning and Zoning Commission followed by a review and approval, approval with conditions or disapproval by the City Council. • Special Review for Parking: Section 26.304.050 allows combined reviews; therefore, this review is combined with the PUD review. • Growth Management Quota System Exemption for Affordable Housing: Exemption requests for affordable housing or for free market residential, shall require review by the Housing Board and final review by City Council. STAFF COMMENTS: Carbondale Affordable Housing Corporation ("Applicant"), represented by Katherine L. Updike of Building Solutions, LLC, has contracted to buy the Ullr Lodge. The Applicant is requesting a consolidated Planned Unit Development(PUD) approval to convert the existing lodge to a multi-family residential building, named Ullr Commons, that is owned and operated by Aspen employers. The employers would purchase 26 units for the costs incurred by the Applicant for purchase and upgrades. Subsequently, the employers will deed restrict the units to Category 3 or 4. Resale of the units would be governed by an appreciation cap of 3%. There will be 150 or greater square feet of net livable space in each unit; in fact, the smallest unit is approximately 190 square feet. The Applicant would sell one (1) unit on the free market. The project is exempt from GMQS because 26 dwelling units will be deed restricted to affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more than one residential unit will be created" A previous code interpretation of this section stated that the one residential unit 2 may be a free market unit. If approved, the affordable housing units would receive 26 allocations from the Affordable Housing Base Allotment Pool and the free market residential unit would receive one(1) allocation from the Free Market Residential Base Allotment Pool. The exterior of the Lodge and Floor Area Ratio would change only slightly. On the exterior, the pool , 't 4. pot 4 and 200 square foot poolroom would �i be removed and replaced with a ' �} • 'N court yard. The interior space is being upgraded for life safety code ,. variances and some units will be improved to accommodate permanent residents—others will remain "dormitory" style units and will have access to the facility's �` `;' " �'"'" - •,�. .. common kitchen. The pool and pool room will be replaced with a Converting the lodge to multi-family more usable court yard for residents. residential requires the subdivision of this property because more than three (3) dwelling units would be created; in fact, 27 dwelling units would be created. The Land Use Code does not treat the conversion of existing units differently from newly built units. The greatest impact subdivision has on this property is to subject it to the school and park impact fees, because residents will place greater demands on the Aspen School District and City parks than tourists. The school impact fees will be approximately $11,091.60 for 27 units. Park, water, and sewer fees will be determined at the time building permits are issued. The City's PUD process allows all of a property's dimensional requirements to be established through the final PUD. This includes parking, FAR, and setbacks. Special Review for parking can be reviewed simultaneously with PUD review. None of the building's dimensional requirements are proposed to be changed. Nevertheless, they must be established as part of the PUD review. Staff has reviewed this application against all of the applicable criteria and finds the project to be in substantial compliance, primarily because of the limited nature of physical changes occurring to the building. Section 26.515 of the Land Use Code requires two (2)parking spaces for multi-family use buildings; and one (1) space per dwelling unit is required if the unit is either a studio or one-bedroom unit. Therefore, 36 parking spaces would be required for a 27-unit building. Currently, the 27-unit Lodge has 16 parking spaces. The spaces are located on the Ullr's property in the alley and along 5th Street in the public right-of-way. Photographs of the existing spaces are shown below. 3 h 0. e 349 ,46H ti �4 n _ JjGr Parking along 5 Street in public right-of-way. Parking in alley on the Lodge's property. There is no room on site to increase the number of parking spaces. The Applicant requests to establish the existing 16 parking spaces for the new use. In addition, the new owners shall encourage reduced car ownership by implementing at least one of the following concepts with 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 preferences to employees without an automobile. Staff believes that because there is a serious deficiency of on-site parking spaces, the Applicant should be required to implement at least three of the above concepts. Specifically, staff believes that(a)rent incentives for employees without cars, (d) subsidized RFTA transportation passes, and (e) rental preferences to employees without an automobile should be required and be made conditions of approval. Tim Ware, Director of Parking Control, believes that there will be more individuals occupying the building more of the time, which will result in more cars parking on site and in the neighborhood. Mr. Ware recommends imposing a condition of approval that requires the maximum number of residential parking permits allowed for the Ullr Lodge's residents be limited to a maximum of 36. He is concerned that without this restriction a resident may own, for example, four (4) cars and obtain resident parking permits for all 4; currently, there is no limitation on the number of parking permits a resident may obtain, although this issue is under review by City Council. He also strongly supports rent incentives for residents that do not own cars. Staff, however, is not supportive of reducing the street parking passes in a manner different from that offered to the general public. City Council does have the authority to limit the street permits for this project, especially considering the project is being reviewed as a PUD. However, a policy that is driven by the affordability of one's home does raise some concern and such a condition would set a precedent for affordable housing. Staff believes the street parking issues this community faces 4 should be addressed as a topic and applied uniformly to residences, regardless of affordability. In addition, the City Engineer recommends imposing a condition of approval requiring the Applicant to construct a new sidewalk from Main Street along the property line on 5'h Street to the alley. This sidewalk would increase pedestrian accessibility to and from the site and neighborhood to Main Street. The Parks Department has reviewed the site and approved the design and location of the sidewalk to minimize the impact on trees. The Applicant has agreed to this condition. The employer owners will also lease spaces which encroach into the public right-of-way on 5'1' Street from the City. Photographs of the proposed sidewalk location are shown below. .. .. . � _ S TT 9 � .j,,...-. ; -ein “ZVii a ., * °' + Location of new sidewalk. View from alley. Location of propose sidewalk entrance on Main Street, and current pedestrian path. On February 9, 2000, the Historic Preservation Commission unanimously approved the Ullr Lodge Minor Review to perform insignificant exterior changes to the structure, which is not an historic landmark but is located in the Historic District. On February 15, the Planning and Zoning Commission unanimously recommended approval of the proposal with conditions. Commission Members asked the Applicant to verify that the City Engineer does not want the curb cut near the Ullr's office removed as part of the curb, gutter, and sidewalk improvements. On November 3, the Housing Board recommended approval of the original request, which was to expand the number of units from 27 to 30, and to deed restrict all 30 units. The Housing Board will revisit this issue at a public hearing on March 15 to consider the revised application for a GMQS exemption for affordable housing. Planning Staff recommends approval of the application for the following reasons. (1) The City will gain 26 deed restricted affordable housing units, increasing the community's stock of affordable housing. 5 (2) The property is appropriately situated for employee housing because of its close proximity to the downtown core, sidewalks, and public transit. Residents may access these amenities on foot, bus, or bike. And, the employers have agreed to implement at least one measure to encourage reduced car ownership by the building's tenants. Tourists and existing tenants currently do not have any incentive to not own a car and park it on-site. (3) The Applicant is upgrading the building for all life safety related issues in accordance with the Uniform Code for Building Conservation(UCBC) standards. The UCBC applies more specifically to existing buildings than does the Uniform Building Code, and is designed to safely preserve and utilize the community's existing building stock. (4) The only external changes to the building are improvements. The Applicant plans to construct a new sidewalk and provide a handicap parking space in a location where it otherwise would not currently be required. And, removing the pool and pool house for a usable court yard improves usable open space on site and viewable from Main Street. RECOMMENDATION: Staff is recommending approval of the Ul Ir Lodge PUD, Subdivision, Special Review for Parking, and GMQS Exemption for Affordable Housing with the following conditions: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 6 4. The building permit application shall include: 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 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. 7 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards, including the design and location, and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. The applicant shall avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground 17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the Right-of-way. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 18. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 19. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 20. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District(ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. 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. 8 23. The Ul1r Lodge/Commons shall be allocated a maximum of 36 resident parking permits. 24. The Ul1r Lodge/Commons employer owners shall provide (1) rent incentives for employees without cars, (2) subsidized RFTA transportation passes, and (3) rental preferences to employees without an automobile. RECOMMENDED MOTION: "I move to approve the Ullr PUD, Subdivision, and Special Review for Parking to convert the lodge to a multi-family residential building with 26 deed restricted affordable units and 1 free market unit, at 520 West Main Street, on First Reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Development Application Exhibit D -- Planning and Zoning Commission Resolution 9 ORDINANCE NO. S (SERIES OF 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ULLR LODGE CONSOLIDATED PLANNED UNIT DEVELOPMENT, SUBDIVSION,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 to _ (_-_) 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 reviewed and considered the recommendation of the Historic Preservation Commission, Planning and Zoning Commission, the Aspen/Pitkin County Housing Board, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for the existing lodge to be converted to a 27-unit multi-family building, is approved subject to the conditions of approval described hereinafter. 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: 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 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards, including the design and location, and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. The applicant shall avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground 17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the Right-of-way. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 18. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 19. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 20. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District(ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. 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. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits. 24. The Ullr Lodge/Commons employer owners shall provide (1) rent incentives for employees without cars, (2) subsidized RFTA transportation passes, and (3) rental preferences to employees without an automobile. 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. Attest: Kathryn S. Koch, City Clerk Rachel Richards, Mayor FINALLY,adopted, passed and approved this 27th day of March,2000. Attest: Kathryn S. Koch,City Clerk Rachel Richards,Mayor Approved as to form: John Worcestor,City Attorney C:\home\nickl\Active Cases\Ullr Lodge\CC Ordinance.doc EXHIBIT A ULLR PUD, SUBDIVISION, & GMQS EXEMPTION REVIEW CRITERIA& STAFF FINDINGS 26.445.050 Review Standards: Consolidated PUD A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Findin The Aspen Area Community Plan's housing philosophy states that "the private sector must be encouraged financially and morally to solving the [housing] problem (p. 19)." The Carbondale Affordable Housing Corporation's proposal for 26 employer owned and operated affordable housing units implements this philosophy. In addition, it is consistent with the plan by taking the burden off of the Housing Authority to provide affordable units. The AACP encourages the provision of employee housing within the Aspen Metro Area, which this proposal would achieve. It increases the community's stock of affordable housing units without consuming public monies. The proposal also implements the plan's transportation philosophy, which calls for encouraging the use of transit and other alternative modes of travel. Providing affordable housing near the downtown core and near a transit stop encourages residents to walk, bike or take the bus for all local trips. This standard is appropriately addressed. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The project is consistent with the character of existing land uses in the area. The location is on Main Street, which consists of a mix of land uses, including multi-family buildings, lodges, single family homes, duplexes, shops and offices, and a park. There will be minimal exterior changes to this project, so its character will remain unchanged. This standard is addressed. 10 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding The nature of the project will not in any way adversely affect the future development of the surrounding area. Changing the building from lodge to multi-family, building a sidewalk along the property line on 5"' Street, and removing the pool and pool room will not impact the future developments in the area. This standard is addressed. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The development is exempt from GMQS because it is an affordable housing project with only one free market residential unit. The project is exempt from GMQS because 26 dwelling units will be deed restricted to affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more than one residential unit will be created" A previous code interpretation of this section stated that the one residential unit may be a free market unit. If approved, the affordable housing units would receive 26 allocations from the Affordable Housing Base Allotment Pool and the free market residential unit would receive one (1) allocation from the Free Market Residential Base Allotment Pool. 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 area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes,waterways, shade, and significant vegetation and landforms. 11 d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The property is approximately 13,500 square feet. The existing and proposed floor area are approximately 11,900 square feet. The Applicant requests that the existing dimensions of the building be established under the PUD because only minor changes will occur on site. There are no natural or man-made hazards on site. Existing natural characteristics of the property will be preserved. Stephen Ellsperman of the Parks Department evaluated the site. He identified significant trees on the property which must be protected, as well as sick or inappropriately planted trees. A condition of approval is that the Applicant include tree wells in the sidewalk design, provide a sidewalk ramp over the roots of existing significant trees, and obtain tree removal permits for the sick and inappropriately planted trees on the property. The site's natural features will also be improved with landscaping on the Main Street side of the property. The City Engineer recommended the Applicant be required to build a sidewalk along the property from Main Street to the alley on 5th Street. The existing and proposed man-made characteristics of the property and the surrounding area would not significantly change from this project. Staff believes the proposed dimensions of this PUD to be appropriate and compatible with the surrounding area. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The project would not significantly change the dimensional requirements in any way. In fact, the project would increase the quantity of open space on site by removing the pool and pool room. These facilities would be replaced by a more usable court yard. Staff believes the 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. This standard is addressed. 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 12 commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The 27-unit lodge currently has 16 on site parking spaces. Converting the lodge to a multi- family building would likely increase the demand for parking on site and in the neighborhood. Section 26.515 of the Land Use Code requires two (2) parking spaces for multi-family use buildings; and one (1) space per dwelling unit is required if the unit is either a studio or one-bedroom unit. Therefore, 36 parking spaces would be required for this 27-unit multi-family building. The spaces are located on the Ullr's property in the alley and along 5th Street in the public right- of-way. There is no room on site to increase the number of parking spaces. The Applicant requests to establish the existing 16 parking spaces under the PUD. The Applicant has also confirmed that the employer owners have agreed to encourage reduced car ownership by implementing at least one of the following concepts with 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 preferences to employees without an automobile. However, Community Development Staff strongly believes that because there is a serious deficiency of on-site parking spaces, the Applicant should be required to implement at least three of the above concepts. Specifically, staff believes that (a) rent incentives for employees without cars, (d) subsidized RFTA transportation passes, and (e) rental preferences to employees without an automobile should be required and be made conditions of approval. Tim Ware, Director of Parking Control, believes that there will be more individuals occupying the building more of the time, which will result in more cars parking on site and in the neighborhood. Mr. Ware recommends imposing a condition of approval that requires the maximum number of residential parking permits allowed for the Ullr Lodge's residents be limited to a maximum of 36. He is concerned that without this restriction a resident may own, for example, four (4) cars and obtain resident parking permits for all 4; currently, there is no limitation on the number of parking permits a resident may obtain, although this issue is under review by City Council. He also strongly supports rent incentives for residents that do not own cars. Staff, however, is not supportive of reducing the street parking passes in a manner different from that offered to the general public. City Council does have the authority to limit the street permits for this project, especially considering the project is being reviewed as a PUD. However, a policy that is driven by the affordability of one's home does raise some concern and such a condition would set a precedent for affordable 13 housing. Staff believes the street parking issues this community faces should be addressed as a topic and applied uniformly to residences, regardless of affordability. Finally, staff believes that providing employee housing in this location will more than offset any need for additional parking that may be created by this project, but also strongly supports the incentives employers will provide to their tenants to discourage car ownership. The property is ideally situated for pedestrian and mass-transit use. Parks, sidewalks, public transit and the downtown core are all easily accessed from this location on foot, bus, and bike. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding There are no infrastructure capacity issues that would prohibit the amount of development being considered. Staff does not recommend any reductions in the development being proposed. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding There are no known natural hazard or site limitations that prohibit the amount of development being considered. Staff does not recommend any reductions to the proposed development based on this standard. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding 14 development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The applicant is not requesting an increase in density beyond what is allowed within the PUD although a significant community goal—affordable housing—is being achieved through this development. In addition, the site's physical capabilities can accommodate the multi-family residential use with the life-safety improvements to the building, and the development pattern is compatible with and complimentary to the area. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The proposed development complies with the man-made features on the site and does not detract from the site's natural features or visual interest. It contributes to the town's identity by preserving the existing building, and would provide more functional open space for residents. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding No new structures are proposed in the application. Open space on site will be enhanced by the expansion of a functional courtyard. This project will not affect open spaces or vistas in any way. 15 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding No significant changes are proposed to the existing structure, so this standard is not applicable. The existing building is oriented to Main Street and contributes to the urban context of the neighborhood, and provides visual interest to vehicular and pedestrian movement. Removing the poolroom and creating a more functional open space will enhance the building's visual interest. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding This existing building and access ways are appropriately arranged to allow emergency and service vehicle access. This criterion is addressed. 5. Adequate pedestrian and handicapped access is provided. Staff Finding A condition of approval, agreed to by the Applicant, will be the construction of a new sidewalk from Main Street to the alley along the property line at the owner's expense. This sidewalk will help provide adequate pedestrian access to the building and neighborhood. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding Drainage should not be affected to any degree because additional impervious surfaces are not being proposed by this development. In fact, removing the poolroom and expanding the courtyard may increase the site's drainage. This development should not increase the site's drainage impact on surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding The building will be for a multi-family residential land use; hence, this standard is not applicable. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city,with surrounding parcels, 16 and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features,which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding A condition of approval will be the planting of grass seed and landscaping the building's facade fronting Main Street. Significant existing natural and man-made site features will be preserved. Specifically, the new sidewalk will include tree wells and a ramp over tree roots to protect and preserve existing trees. Existing landscaping in the court yard will not be affected by this development, although additional landscaping may be provided in and around the space created by the removal of the pool room. E. Architectural Character. It is the purpose of this standard is 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. Staff Finding The proposed development does not change the existing building's architecture. 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. 17 Staff Finding The physical changes proposed to the building include improving solar access and increasing natural light to several units by increasing window sizes and installing new window wells. This criterion is addressed. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding Existing storage of shedding snow, ice and water is accomplished in an appropriate manner, and the proposed development will not impact the storage or maintenance of the current facility. Roof overhangs extend beyond walkways, and the entrance to each unit is covered. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding All new lighting for the proposed addition will be down directional and in compliance with the City's lighting code and Uniform Building Code for safety. The new lighting will be designed to minimize glare onto adjacent properties. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 18 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding This standard is not applicable because the proposed development does not include a park, open space or recreation area. 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. Staff Finding All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. A condition of approval will be to require the Applicant to submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. Water and ACSD fees will be due at the time of building permits. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding A condition of approval shall be that the Ullr owner(s) mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. 19 Staff Finding No oversized utility stubs were requested to be installed with this development. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 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. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The application does not propose any changes to the form or nature of access to public streets, other than the condition of approval to construct a new sidewalk along 5th Street from Main Street to the alley. The sidewalk will improve pedestrian circulation in and around the site and neighborhood. Trail and existing roads will not be impacted by this development other than the potential for increased parking by tenants with resident parking permits in the neighborhood. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of 20 the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees- in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding This standard is not applicable because there will only be one phase. 26.480.050 Review Standards: Subdivision A development application for subdivision review shall comply with the following standards and requirements: 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. Staff Finding The proposed subdivision is consistent with the AACP, particularly concerning the housing and transportation philosophies. It is also consistent with existing land uses in the area, will not adversely affect future development of surrounding areas, and is in compliance with all applicable requirements of this Title. The AACP housing philosophy states that"the private sector must be encouraged financially and morally to solving the [housing] problem (p. 19)." The Carbondale Affordable Housing Corporation's proposal for 26 employer owned and operated affordable housing units implements this philosophy. In addition, it is consistent with the plan by taking the burden off of the Housing Authority to provide affordable units. 21 The AACP encourages the provision of employee housing within the Aspen Metro Area, which this proposal would achieve. It increases the community's stock of affordable housing units without consuming public monies. The proposal also implements the plan's transportation philosophy, which calls for encouraging the use of transit and other alternative modes of travel. Providing affordable housing near the downtown core and near a transit stop encourages residents to walk, bike or take the bus for all local trips. This standard is appropriately addressed. 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. Staff Finding The proposed subdivision involves changing the use of an existing building from lodge to multi-family residential. This land is suitable for the change in use because of its location near the center of town, public transit, and sidewalks, and existing utilization of public facilities and services. Intensification of the building's use will increase the efficiency of public facilities because they are already provided to this site and capable of accommodating expanded demands by residents. 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: 1. 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. 22 Staff Finding The Application is to utilize the existing Ul1r Lodge "as is" with minor changes, including removing the pool and poolroom. The Applicant is not requesting additional variations to the subdivision design standards. 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. Staff Finding The Ul Ir Lodge is being converted from a lodge to a 27-unit multi-family building, including 26 deed restricted affordable housing units. This standard is appropriately addressed. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding School impact fees for the creation of 27 dwelling units will be approximately $11,091.60. Fees are assessed for studio/I-bedroom, 2-bedroom, and 3 or more bedroom dwelling units, but not for dorm units. Table 1. School Impact Fees for 27 units. Unit Type Dedication Land Fee per Unit Number Total Requirement (sq. ft) Value Lodge/Dorm 0 0 0 10 0 Studio/1-bedroom 52 $2.70 $140.40 7 $982.80 2-bedroom 416 $2.70 $1,123.20_ 9 $10,108.80 3-bedroom 707 $2.70 $1,908.90 1 $1,908.90 Total Impact Fee 27 $11,091.60 Section 26.470.070(J): Growth Management Quota System (GMQS) Exemption for Affordable Housing 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 23 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 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. Staff Finding The project is exempt from GMQS because 26 dwelling units will be deed restricted to affordable housing and one(1) unit will be free market. Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more than one residential unit will he created." A previous code interpretation of this section stated that the one residential unit may be a free market unit. This standard is addressed for this project to be GMQS exempt. 24 EXHIBIT B REFERRAL COMMENTS MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer Reference DRC Caseload Coordinator Date: February 2, 2000 Re: UlIr Lodge (Draft Response) The Development Review Committee has reviewed the Ul1r Lodge application at their January 19, 2000 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage—Requirement—The drainage report submitted with the application is insufficient. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with a percolation test to verify the feasibility of this type of system. Drywells have depths well below depth of frost(10' minimum) to function in cold weather. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within public right of way or utility easements. The foundation drainage system should be separate from storm drainage, must be 25 detained and routed on site, and must be shown on drainage plans prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Information—The City drainage criteria needs to implemented. This includes but is not limited to erosion control, soil stabilization, and vegetation disturbance. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise from potential mud and debris flow. 2. Sidewalk, Curb, and Gutter—Requirement- The submitted plat does not show the installation of curb, gutter, and sidewalk along roadways. As of the request of the Engineering Department revisions need to be made, if urban design features are proposed, as follows: a. All streets and access roads need to have curb and gutter upgrades that comply with City of Aspen standards unless already approved by the City Engineering Department. b. All streets and access roads need to have sidewalks that comply with City of Aspen standards. c. 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. 3. Fire Protection District—Information —The application states that all of the office space, retail space, and employee housing will be sprinkled. As of the request of the Fire Protection District revisions need to be made as follows: a. There should be maintenance of the existing fire alarms in the building to avoid failure. b. The installation of Residential Sprinkler Systems is requested, but may not be bound by local codes. There may be a required installation of Residential 26 Sprinkler Systems in the new 1900 sf area that will be upgraded to three new units. 4. Parks Department— Information - The Main Street right-of-way adjacent to this property has been neglected for years. It should be a condition of approval for the PUD that the applicant improves the ROW and maintain it regularly. The only improvement that will be required is grass seeding. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the ROW. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. It is already a municipal law that the adjacent property owner is responsible for maintenance of the ROW. Maintenance responsibilities include irrigating and grass trimming. The City is responsible for street tree maintenance including tree trimming and installation. The City Forester has approved the removal of one dying tree near the alley between Main and Bleeker Streets. This approval will allow for the continuation of the required sidewalk to the alley. Also, the City Forester has requested that for the extension of the sidewalk to Main Street, the applicant should avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground. Finally the City Forester would like to have landscaping between the existing wall on Main Street and the existing sidewalk. This landscaping should be similar to the landscaping along the Main Street Parkway. 5. Utilities (General) —Information—All use of City utilities must be planned accordingly. 6. Streets Department — Requirement - As of the request of the Engineering Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 7. Utilities: - Water: City Water Department Requirement— a. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 27 - Wastewater: Aspen Consolidated Waste District Requirement — As a request of the Consolidated Waste District, revisions need to be made as follows: a. A set of plans for the Ullr Lodge must be given to Peg in the ACSD office for review. b. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines need to be replaced before they can be connected to the ACSD sanitary lines. - Construction: Work in the Public Right of Way Requirement — Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including landscaping, within public rights of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for tree removal permits, landscaping in the ROW, vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920- 5130) for mailboxes, streets, and alley. 4. Permits: Obtain permits for any work or development, including street cuts, landscaping, within the public rights of way from the city community development department. DRC Attendees Staff: Nick Adeh Applicant's Representative: Katie Updike Ed Van Walraven Nick Lelack Tom Bracewell Phil Overynder Ben Ludlow Becca Schickling 28 EXHIBIT D PLANNING& ZONING COMMISSION RESOLUTION 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, WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for the existing lodge to be converted to a 27-unit multi-family building, is approved subject to the conditions of approval described hereinafter. 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: 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 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards, including the design and location, and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. The applicant shall avoid damage to the existing conifer by "ramping"the sidewalk over the existing ground 17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the Right-of-way. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 18. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 19. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 20. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. 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. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits. 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 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 b' law, by the Planning and Zoning Commission of the City of Aspen on the 15t day of February, 2000. APPROVED by the Commission at its regular meeting on February 15, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk C:\home\nickPActive Cases\Ullr Lodge\ULLR Lodge PUD.Sub.parking2.doc MEMORANDUM TO: Housing Authority Board THRU: Mary Roberts, Housing Authority Executive Director Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planner RE: Ullr Lodge/Commons GMQS Exemption for Affordable Housing, Resolution No. _, Series of 2000, Public Hearing DATE: March 15, 2000 APPLICANT: "Pt „1^ �.`+ Carbondale Affordable Housing Corporation i• i 'S! p' r le �? fi .#''�'� REPRESENTATIVE: % 'j.K. 4`i* Katherine L. Updike, Building ' - �, °; Solutions, LLC ��� . LOCATION: ,._'..•' r• 520 West Main StreetNawwr. ZONING: Office, Historic District CURRENT LAND USE: The Ullr Lodge located at the corner of Main Street Lodge—27 units and 5th Street. PROPOSED LAND USE: Multi-Family Residential —26 AH SUMMARY: units, 1 free market unit The purpose of this application is to change the Ullr Lodge/Commons' land use from "lodge”to "multi- LOT SIZE: family residential." Approval for this project 13,439 sq. ft. requires a GMQS Exemption for affordable housing. The Planning and Zoning Commission has FAR: recommended approval to City Council of the Existing: 11,900 sq. ft. establishment of a Planned Unit Development to Proposed: 11,900 sq. ft. establish the existing dimensions, Subdivision to Allowable: 14,850 sq. ft create 27 dwelling units, and Special Review for Parking. The Historic Preservation Commission approved the minor exterior changes to the building. 1 REVIEW PROCEDURE • Growth Management Quota System Exemption for Affordable Housing: Exemption requests for affordable housing or for free market residential, shall require review by the Housing Authority Board and final review by City Council. • Consolidated Conceptual and Final Review Planned Unit Development (2-Step Review): An applicant may request and the Community Development Director may determine that because of the limited extent of the issues involved in a proposed PUD in relation to these review procedures and standards, or because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director has determined that the conversion of the existing Ullr Lodge to an employer owned and operated affordable housing complex serves a significant community interest which the project would serve, and the limited nature of physical changes to the building qualifies it for the consolidated review. This two step process does not require approval of a conceptual development plan, only review and approval of a final development plan by the Planning and Zoning Commission and the City Council, with public hearings occurring at both. The Planning and Zoning Commission shall recommend approval, approval with conditions, or disapproval to the City Council. • Subdivision (2-Step Review): Approval of a subdivision requires the review and recommendation for approval, approval with conditions or disapproval by the Planning and Zoning Commission followed by a review and approval, approval with conditions or disapproval by the City Council. • Special Review for Parking: Section 26.304.050 allows combined reviews; therefore, this review is combined with the PUD review. STAFF COMMENTS: Carbondale Affordable Housing Corporation ("Applicant"), represented by Katherine L. Updike of Building Solutions, LLC, has contracted to buy the Ullr Lodge. The Applicant is re•uestin_ a consolidated P1. - •• P- - •••• • ' - • •pproval to convert the existing lodge to a multi-family residential buildinu.named Ullr Commons, that is owned and operated by Aspen employers. The employers would purchase 26 units for the costs •curred b •- • • - • • • •. - • •• •• .des. Subsequently, the employers will deed restrict the units to Categgo 3 or 4. Resale of the units would be governed by an appreciation cap of 3%. e re be 150 or greater square feet of net livable space in each unit; in fact, the smallest unit is approximately 190 square feet. The Applicant would sell one (1) unit on the free market. The project is exempt from GMQS because 26 dwelling units will be deed restricted to affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more than one residential unit will be created." A previous code interpretation of this section stated that the one residential unit may be a free market unit. If approved, the affordable housing units would receive 26 2 allocations from the Affordable Housing Base Allotment Pool and the free market residential unit would receive one(1) allocation from the Free Market Residential Base Allotment Pool. The.exterior of the Lodge and Floor Area R io would change only ;;:._' ' f n *g,.. slightly. On the exterior, the pool ,k' , and 200 square foot oolroom would # be remove an replaced with aya "} �"; court yard. The interior space is i� ' being un_gra P or t ee safetYCOde variances and some units will be imp roved.to accommodate a< permanent residents—others will remat� nn rniitor ' s le units and will have access to the facility's common kitchen. The pool and pool room will be replaced with a On February 15, the Planning and more usable court yard for residents. Zoning Commission unanimously recommended that City Council approve converting the lodge to multi-family residential building. Specifically, the Commission recommended approval of the Planned Unit Development(PUD). The PUD process allows all of a property's dimensional requirements to be established, including parking, FAR, and setbacks; the Special Review for Parking was combined with this review. In adcriTio'n, the Commission recommended approval of subdividing the lodge into 27 dwelling units. On Februar 9 2000, the Historic Preservation Commission unanimously approved t e Ullr Lodge Minor Review to perform insignificant exterior changes to the structure, which is not an historic landmark but is located in the Historic District. Planning Staff recommends approval of the GMQS Exemption for Affordable Housing because the City will gain 26 deed restricted affordable housing units, increasing the community's stock of affordable housing. In addition, Staff believes the property is appropriately situated for employee housing because of its close proximity to the downtown core, sidewalks, and public transit. Residents may access these amenities on foot, bus, or bike. RECOMMENDATION: Staff is recommending approval of the Ullr Lodge GMQS Exemption for Affordable Housing,with the following condition of approval: The final deed restrictions for all twenty-six (26) affordable housing units be brought to the Housing Board for final input and approval at a public meeting. 13 RECOMMENDED MOTION: "I move to approve the Ullr Lodge Growth Management Quota System Exemption for Affordable Housing to convert the lodge to a multi-family residential building with 26 deed restricted affordable units and 1 free market unit, at 520 West Main Street, on First Reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Planning and Zoning Commission Resolution 4 ASPEN/PITKIN COUNTY HOUSING AUTHORITY, PITKIN COUNTY, COLORADO. A RESOLUTION OF THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY BOARD RECOMMENDING THE ASPEN CITY COUNCIL EXEMPT THE AFFORDABLE HOUSING UNITS AND ONE FREE MARKET HOUSING UNIT PROPOSED FOR THE ULLR COMMONS EMPLOYER-OWNED AND OPERATED AFFORDABLE HOUSING PROJECT FROM THE SCORING AND COMPETITION PROCEDURES OF GROWTH MANAGEMENT, LOTS K, L, M, AND THE WEST ONE-HALF OF LOT 0, BLOCK 30, CITY AND TOWNSITE OF ASPEN. Parcel No. 2735-124-43-005 Resolution No. 2000 - WHEREAS, the Community Development Department received an application from the Carbondale Affordable Housing Corporation, under contract to purchase the Ul1r 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 Ul1r Lodge is located in the Office Zone District and Historic District; 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, pursuant to Sections 26.304 and 26.470 of the City of Aspen Land Use Code, land use applications requesting an exemption from the scoring and competition procedures of growth management for allocations of affordable housing units deed restricted in accordance with the Aspen/Pitkin County Housing Guidelines may be approved by the Aspen City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, the Aspen/Pitkin County Housing Authority Board of Directors made at a duly noticed public hearing, and members of the general public; and, WHEREAS, during a duly noticed public hearing on March 15, 2000, the Aspen/Pitkin County Housing Authority Board considered testimony offered by the general public and recommended, by a to _ L-D vote, that the Aspen City Council approve an exemption of the affordable housing units and one free market unit proposed for the UIIr Commons employer- owned and operated affordable housing project at 520 West Main Street, with the conditions listed hereinafter as amended by the Board during the meeting. NOW, THEREFORE BE IT RESOLVED by the Aspen/Pitkin County Housing Authority Board of Directors, Pitkin County, Colorado, that the Aspen City Council should exempt the twenty six (26) Affordable Housing units and one (1) free market housing unit proposed for 5 the Ullr Commons employer-owned and operated affordable housing project at 520 West Main Street, with the following condition of approval: 1. The final deed restrictions for all twenty-six (26) affordable housing units be brought to the Housing Board for final input and approval at a public meeting. APPROVED by the Aspen/Pitkin County Housing Authority Board of Directors at their regular meeting held March 15,2000. ASPEN/PITKIN COUNTY HOUSING AUTHORITY: Jacquelyn A. Kasabach, Chairperson Date APPROVED AS TO CONTENT: Mary Roberts, Executive Director Date 6 EXHIBIT A ULLR LODGE GMQS EXEMPTION REVIEW CRITERIA& STAFF FINDINGS Section 26.470.070(J): Growth Management Quota System (GMQS) Exemption for Affordable Housing 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 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. Staff Findin The project is exempt from GMQS because 26 dwelling units will be deed restricted to affordable housing and one (1) unit will be free market. Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more than one residential unit will he created." A previous code interpretation of this section stated that the one residential unit may be a free market unit. This standard is addressed for this project to be GMQS exempt. 7 EXHIBIT B PLANNING AND ZONING COMMISSION RESOLUTION 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 8 development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for the existing lodge to be converted to a 27-unit multi-family building, is approved subject to the conditions of approval described hereinafter. 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: 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. 9 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. I 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 10 existing parking/sidewalk situation. This improvement has been agreed upon by the developer and Engineering Department as follows: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards, including the design and location, and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. The applicant shall avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground 17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the Right-of-way. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 18. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 19. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 20. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. 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. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits. 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 or City Council, are hereby 11 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°i day of February, 2000. APPROVED by the Commission at its regular meeting on February 15, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk C:AhomeAnicklAACtive Cases VUllr Lodge AULLR Lodge PUD,Sub.parking2 doc 12 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy D_�irreyecttoi. FROM: Nick Lelack, Planne? RE: Ullr Lodge Consolidated Planned Unit Development Review to Convert Lodge to Multi-Family Residential Building, Subdivision, Special Review for Parking, and GMQS Exemption for Affordable Housing—Public Hearing DATE: February 15, 2000 APPLICANT: Carbondale Affordable Housing jler ,y: #r ,4 Corporation uAA :{ REPRESENTATIVE: "+ . , • " .. .w • Katherine L. Updike, Building Solutions, LLC LOCATION: 520 West Main Street ZONING: Office, Historic District CURRENT LAND USE: The Ullr Lodge located at the corner of Main Street Lodge—27 units and 5`h' Street. PROPOSED LAND USE: Multi-Family Residential—26 AH units, 1 free market unit SUMMARY: The purpose of this application is to change the Ullr LOT SIZE: Lodge's land use from "lodge" to "multi-family 13,439 sq. ft. residential." Approval for this project requires the establishment of a Planned Unit Development FAR: (PUD), Subdivision to create 27 dwelling units, Existing: 11,900 sq. ft. Special Review for Parking, and GMQS Exemption Proposed: 11,900 sq. ft. for affordable housing. The Commission will review Allowable: 14,850 sq. ft the PUD and Subdivision components of the application; the Special Review for Parking is combined with the PUD review. 1 STAFF COMMENTS: Carbondale Affordable Housing Corporation ("Applicant"), represented by Katherine L. Updike of Building Solutions, LLC, has contracted to buy the Ullr Lodge. The Applicant is requesting a consolidated Planned Unit Development (PUD) approval to convert the existing lodge to a multi-family residential building that is owned and operated by Aspen employers. The employers would purchase 26 units for the costs incurred by the Applicant for purchase and upgrades. Subsequently, the employers will deed restrict the units to Category 3 or 4. Resale of the units would be governed by an appreciation cap of 3%. The Applicant would sell one (l) unit on the free market. The exterior of the Lodge and Floor Area Ratio would change only slightly. On the .,; . — „ P q Y exterior, the pool and 200 square foot t r }l poolroom would be removed and replaced with a court yard. The interior space is being upgraded for life safety t code variances and some units will be improved to accommodate permanent Ll residents—others will remain ,` �z "dormitory" style units and will have access to the facility's common kitchen. 4 ' Converting the lodge to multi-family A.07's ""` `" residential requires the subdivision of this The pool and pool room will be replaced with a property because more than three (3) more usable court yard for residents. dwelling units would be created; in fact, 27 dwelling units would be created. The Land Use Code does not treat the conversion of existing units differently from newly built units. The greatest impact subdivision has on this property is to subject it to the school and park impact fees, because residents will place greater demands on the Aspen School District and City parks than tourists. The school impact fees will be approximately $11,091.60 for 27 units. Park, water, and sewer fees will be determined at the time building permits are issued. The City's PUD process allows all of a property's dimensional requirements to be established through the final PUD. This includes parking, FAR, and setbacks. Special Review for parking can be reviewed simultaneously with PUD review. None of the building's dimensional requirements are proposed to be changed. Nevertheless, they must be established as part of the PUD review. Staff has reviewed this application against all of the applicable criteria and finds the project to be in substantial compliance, primarily because of the limited nature of physical changes occurring to the building. Section 26.515 of the Land Use Code requires two (2)parking spaces for multi-family use buildings; and one (1) space per dwelling unit is required if the unit is either a studio or one-bedroom unit. Therefore, 36 parking spaces would be required for a 27-unit building. Currently, the 27-unit Lodge has 16-18 parking spaces. The spaces are located on the Ullr's property in the alley and 2 along 5th Street in the public right-of-way. Photographs of the existing spaces are shown below. ';4`44- .� • m s Parking along 511 Street in public right-of-way. Parking in alley on the Lodge's property. There is no room on site to increase the number of parking spaces. The Applicant requests to establish the existing 16-18 parking spaces for the new use. In addition, the new owners shall encourage reduced car ownership by implementing at least one of the following concepts with 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 preferences to employees without an automobile. Tim Ware, Director of Parking Control, believes that there will be more individuals occupying the building more of the time, which will result in more cars parking on site and in the neighborhood. Mr. Ware recommends imposing a condition of approval that requires the maximum number of residential parking permits allowed for the Ullr Lodge's residents be limited to a maximum of 36. He is concerned that without this restriction a resident may own, for example, four (4) cars and obtain resident parking permits for all 4; currently,there is no limitation on the number of parking permits a resident may obtain, although this issue is under review by City Council. He also strongly supports rent incentives for residents that do not own cars. In addition, the City Engineer recommends imposing a condition of approval requiring the Applicant to construct a new sidewalk from Main Street along the property line on 5th Street to the alley. This sidewalk would increase pedestrian accessibility to and from the site and neighborhood to Main Street. The Parks Department has reviewed the site and approved the design and location of the sidewalk to minimize the impact on trees. The Applicant has agreed to this condition. The employer owners will also lease spaces which encroach into the 3 public right-of-way on 5'h Street from the City. Photographs of the proposed sidewalk location are shown below. s ` ' } y— `;. . *"'"4 �d i9 'r. g /1 • Location of new sidewalk. View from alley. Location of proposes sidewalk entrance on Main Street, and current pedestrian path. On November 3, the Housing Board recommended approval of the original request, which was to expand the number of units from 27 to 30, and to deed restrict all 30 units. The Housing Board will revisit this issue prior to First Reading at City Council. Planning Staff recommends approval of the application for the following reasons. (1) The City will gain 26 deed restricted affordable housing units, increasing the community's stock of affordable housing. (2) The property is appropriately situated for employee housing because of its close proximity to the downtown core, sidewalks, and public transit. Residents may access these amenities on foot, bus, or bike. And, the employers have agreed to implement at least one measure to encourage reduced car ownership by the building's tenants. Tourists and existing tenants currently do not have any incentive to not own a car and park it on-site. (3) The Applicant is upgrading the building for all life safety related issues in accordance with the Uniform Code for Building Conservation (UCBC) standards. The UCBC applies more specifically to existing buildings than does the Uniform Building Code, and is designed to safely preserve and utilize the community's existing building stock. (4) The only external changes to the building are improvements. The Applicant plans to construct a new sidewalk and provide a handicap parking space in a location where it otherwise would not currently be required. And, removing the pool and pool house for a usable court yard improves usable open space on site and viewable from Main Street. 4 RECOMMENDATION: Staff is recommending approval of the Ullr Lodge PUD, Subdivision, Special Review for Parking, and GMQS Exemption for Affordable Housing with the following conditions: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: 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. 5 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards, including the design and location, and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. The applicant shall avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground 6 17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the Right-of-way. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 18. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 19. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 20. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District(ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. 22. The employer owners shall provide Ullr tenants with RFTA bus passes. 23. 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. 24. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits. REVIEW PROCEDURE • Consolidated Conceptual and Final Review Planned Unit Development (2-Step Review): An applicant may request and the Community Development Director may determine that because of the limited extent of the issues involved in a proposed PUD in relation to these review procedures and standards, or because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director has determined that the conversion of the existing Ullr Lodge to an employer owned and operated affordable housing complex serves a significant community interest which the project would serve, and the limited nature of physical changes to the building qualifies it for the consolidated review. This two step process does not require approval of a conceptual development plan, only review and approval of a final development plan by the Planning and Zoning Commission and the City Council, with public hearings 7 occurring at both. The Planning and Zoning Commission shall recommend approval, approval with conditions, or disapproval to the City Council. • Subdivision (2-Step Review): Approval of a subdivision requires the review and recommendation for approval, approval with conditions or disapproval by the Planning and Zoning Commission followed by a review and approval, approval with conditions or disapproval by the City Council. • Special Review for Parking: Section 26.304.050 allows combined reviews; therefore, this review is combined with the PUD review. • Growth Management Quota System Exemption for Affordable Housing: Exemption requests for affordable housing or for free market residential, shall require review by the Housing Board and final review by City Council. RECOMMENDED MOTION: "I move to approve the Ullr PUD, Subdivision, and Special Review for Parking to convert the lodge to a multi-family residential building with 26 deed restricted affordable units and 1 free market unit, at 520 West Main Street. ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Development Application 8 RESOLUTION NO. lo� (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 _ to _ L-J 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, WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Ullr Lodge Planned Unit Development, Subdivision, and Special Review for Parking for the existing lodge to be converted to a 27-unit multi-family building, is approved subject to the conditions of approval described hereinafter. 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: 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 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards, including the design and location, and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. The applicant shall avoid damage to the existing conifer by "ramping"the sidewalk over the existing ground 17. The Applicant shall regularly maintain the Main Street right-of-way adjacent to this property, including planting grass seed. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the Right-of-way. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. 18. The area between the building's existing wall and the sidewalk fronting Main Street shall be landscaped. 19. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 20. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 21. The Applicant shall submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. 22. The employer owners shall provide Ullr tenants with RFTA bus passes. 23. 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. 24. The Ullr Lodge shall be allocated a maximum of 36 resident parking permits. 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 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 Planning and Zoning Commission of the City of Aspen on the 15t day of February, 2000. APPROVED by the Commission at its regular meeting on February 15, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk C:AhomeAnickPActive Cases VUllr Lodge AULIR Lodge PUD,Sub.parking2.doc EXHIBIT A ULLR PUB, SUBDIVISION, & GMQS EXEMPTION REVIEW CRITERIA& STAFF FINDINGS 26.445.050 Review Standards: Consolidated PUD A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding The Aspen Area Community Plan's housing philosophy states that"the private sector must be encouraged financially and morally to solving the [housing] problem (p. 19)." The Carbondale Affordable Housing Corporation's proposal for 26 employer owned and operated affordable housing units implements this philosophy. In addition, it is consistent with the plan by taking the burden off of the Housing Authority to provide affordable units. The AACP encourages the provision of employee housing within the Aspen Metro Area, which this proposal would achieve. It increases the community's stock of affordable housing units without consuming public monies. The proposal also implements the plan's transportation philosophy, which calls for encouraging the use of transit and other alternative modes of travel. Providing affordable housing near the downtown core and near a transit stop encourages residents to walk, bike or take the bus for all local trips. This standard is appropriately addressed. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The project is consistent with the character of existing land uses in the area. The location is on Main Street, which consists of a mix of land uses, including multi-family buildings, lodges, single family homes, duplexes, shops and offices, and a park. This standard is addressed. 9 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding The nature of the project will not in any way adversely affect the future development of the surrounding area. Changing the building from lodge to multi-family, building a sidewalk along the property line on 5th Street, and removing the pool and pool room will not impact the future developments in the area. This standard is addressed. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The development is exempt from GMQS because it is an affordable housing project with only one free market residential unit. 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 area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes,waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The property is approximately 13,500 square feet. The existing and proposed floor area are approximately 11,900 square feet. The Applicant requests that the existing dimensions of the building be established under the PUD because only minor changes will occur on site. There are no natural or man-made hazards on site. 10 Existing natural characteristics of the property will be preserved. Stephen Ellsperman of the Parks Department evaluated the site and City Engineer's proposal to build a sidewalk along the property. He identified significant trees on the property which must be protected, as well as sick or inappropriately planted trees. A condition of approval is that the Applicant include tree wells in the sidewalk design, provide a sidewalk ramp over the roots of existing significant trees, and obtain tree removal permits for the sick and inappropriately planted trees on the property. The site's natural features will also be improved with landscaping on the Main Street side of the property. The existing and proposed man-made characteristics of the property and the surrounding area would not significantly change from this project. Staff believes the proposed dimensions of this PUD to be appropriate and compatible with the surrounding area. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The project would not significantly change the dimensional requirements in any way. In fact, the project would increase the quantity of open space on site by removing the pool and pool room. These facilities would be replaced by a more usable court yard. Staff believes the 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. This standard is addressed. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use,whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The 27-unit lodge currently has 16-18 on site parking spaces. Converting the lodge to a multi-family building would likely increase the demand for parking on site and in the neighborhood. Section 26.515 of the Land Use Code requires two (2) parking spaces for 11 multi-family use buildings; and one (1) space per dwelling unit is required if the unit is either a studio or one-bedroom unit. Therefore, 36 parking spaces would be required for this 27-unit multi-family building. The spaces are located on the Ullr's property in the alley and along 5"' Street in the public right- of-way. There is no room on site to increase the number of parking spaces. The Applicant requests to establish the existing 16-18 parking spaces under the PUD. In addition, the new owners shall encourage reduced car ownership by implementing at least one of the following concepts with their employees in the building. f. Rent incentive for employees without cars. g. Charge employees with cars for parking. h. Create attractive car rental rates for employees who have no personal car. i. Subsidize transportation passes. j. Give rental preferences to employees without an automobile. Tim Ware, Director of Parking Control, believes that there will be more individuals occupying the building more of the time, which will result in more cars parking on site and in the neighborhood. Mr. Ware recommends imposing a condition of approval that requires the maximum number of residential parking permits allowed for the Ul Ir Lodge's residents be limited to a maximum of 36. He is concerned that without this restriction a resident may own, for example, four (4) cars and obtain resident parking permits for all 4; currently, there is no limitation on the number of parking permits a resident may obtain, although this issue is under review by City Council. He also strongly supports rent incentives for residents that do not own cars. Staff proposes to include a condition of approval that requires employers to provide their employees living in these units with RFTA bus passes. Although transit is free in and around town, the passes would encourage and allow residents to take the bus down valley, thereby further reducing the need for car ownership. Staff believes that providing employee housing in this location will more than offset any need for additional parking that may be created by this project, but also strongly supports the incentives employers will provide to their tenants to discourage car ownership The property is ideally situated for pedestrian and mass-transit use. Parks, sidewalks, public transit and the downtown core are all easily accessed from this location on foot, bus, and bike. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. 12 Staff Finding There are no infrastructure capacity issues that would prohibit the amount of development being considered. Staff does not recommend any reductions in the development being proposed. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding There are no known natural hazard or site limitations that prohibit the amount of development being considered. Staff does not recommend any reductions to the proposed development based on this standard. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The applicant is not requesting an increase in density beyond what is allowed within the PUD although a significant community goal—affordable housing—is being achieved 13 through this development. In addition, the site's physical capabilities can accommodate the multi-family residential use with the life-safety improvements to the building, and the development pattern is compatible with and complimentary to the area. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The proposed development complies with the man-made features on the site and does not detract from the site's natural features or visual interest. It contributes to the town's identity by preserving the existing building, and would provide more functional open space for residents. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding No new structures are proposed in the application. Open space on site will be enhanced by the expansion of a functional courtyard. This project will not affect open spaces or vistas in any way. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding No significant changes are proposed to the existing structure, so this standard is not applicable. The existing building is oriented to Main Street and contributes to the urban context of the neighborhood, and provides visual interest to vehicular and pedestrian movement. Removing the poolroom and creating a more functional open space will enhance the building's visual interest. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 14 Staff Finding This existing building and access ways are appropriately arranged to allow emergency and service vehicle access. This criterion is addressed. 5. Adequate pedestrian and handicapped access is provided. Staff Finding A condition of approval, agreed to by the Applicant, will be the construction of a new sidewalk from Main Street to the alley along the property line at the owner's expense. This sidewalk will help provide adequate pedestrian access to the building and neighborhood. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Findin Drainage should not be affected to any degree because additional impervious surfaces are not being proposed by this development. In fact, removing the poolroom and expanding the courtyard may increase the site's drainage. This development should not increase the site's drainage impact on surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding The building will be for a multi-family residential land use; hence, this standard is not applicable. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city,with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features,which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. 15 Staff Finding A condition of approval will be the planting of grass seed and landscaping the building's facade fronting Main Street. Significant existing natural and man-made site features will be preserved. Specifically, the new sidewalk will include tree wells and a ramp over tree roots to protect and preserve existing trees. Existing landscaping in the court yard will not be affected by this development, although additional landscaping may be provided in and around the space created by the removal of the pool room. E. Architectural Character. It is the purpose of this standard is 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. Staff Finding The proposed development does not change the existing building's architecture. 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. Staff Finding The physical changes proposed to the building include improving solar access and increasing natural light to several units by increasing window sizes and installing new window wells. This criterion is addressed. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. 16 Staff Finding Existing storage of shedding snow, ice and water is accomplished in an appropriate manner, and the proposed development will not impact the storage or maintenance of the current facility. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding All new lighting for the proposed addition will be down directional and in compliance with the City's lighting code and Uniform Building Code for safety. The new lighting will be designed to minimize glare onto adjacent properties. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. 17 Staff Finding This standard is not applicable because the proposed development does not include a park, open space or recreation area. 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. Staff Finding All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. A condition of approval will be to require the Applicant to submit a complete set of wastewater plans for the Ullr Lodge to the Aspen Consolidated Sanitation District (ACSD) for review. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines shall be replaced before they are connected to the ACSD sanitary lines. Water and ACSD fees will be due at the time of building permits. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding A condition of approval shall be that the Ullr owner(s) mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Findin No oversized utility stubs were requested to be installed with this development. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and 18 minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 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. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The application does not propose any changes to the form or nature of access to public streets, other than the condition of approval to construct a new sidewalk along 5th Street from Main Street to the alley. The sidewalk will improve pedestrian circulation in and around the site and neighborhood. Trail and existing roads will not be impacted by this development other than the potential for increased parking by tenants with resident parking permits. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 19 • 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees- in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding This standard is not applicable because there will only be one phase. 26.480.050 Review Standards: Subdivision A development application for subdivision review shall comply with the following standards and requirements: 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. Staff Findin The proposed subdivision is consistent with the AACP, particularly concerning the housing and transportation philosophies. It is also consistent with existing land uses in the area, will not adversely affect future development of surrounding areas, and is in compliance with all applicable requirements of this Title. The AACP housing philosophy states that "the private sector must be encouraged financially and morally to solving the [housing] problem (p. 19)." The Carbondale Affordable Housing Corporation's proposal for 26 employer owned and operated affordable housing units implements this philosophy. In addition, it is consistent with the plan by taking the burden off of the Housing Authority to provide affordable units. The AACP encourages the provision of employee housing within the Aspen Metro Area, which this proposal would achieve. It increases the community's stock of affordable housing units without consuming public monies. The proposal also implements the plan's transportation philosophy, which calls for encouraging the use of transit and other alternative modes of travel. Providing 20 affordable housing near the downtown core and near a transit stop encourages residents to walk, bike or take the bus for all local trips. This standard is appropriately addressed. 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. Staff Finding The proposed subdivision involves changing the use of an existing building from lodge to multi-family residential. This land is suitable for the change in use because of its location near the center of town, public transit, and sidewalks, and existing utilization of public facilities and services. Intensification of the building's use will increase the efficiency of public facilities because they are already provided to this site and capable of accommodating expanded demands by residents. 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: 1. 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. Staff Finding The Application is to utilize the existing Ullr Lodge "as is" with minor changes, including removing the pool and poolroom. The Applicant is not requesting additional variations to the subdivision design standards. 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 21 housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The Ullr Lodge is being converted from a lodge to a 27-unit multi-family building, including 26 deed restricted affordable housing units. This standard is appropriately addressed. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding School impact fees for the creation of 27 dwelling units will be approximately $11,091.60. Fees are assessed for studio/1-bedroom, 2-bedroom, and 3 or more bedroom dwelling units, but not for dorm units. Table 1. School Impact Fees for 27 units. Unit Type Dedication Land Fee per Unit Number Total Requirement(sq. ft) Value Lodge/Dorm 0 0 0 10 0 Studio/1-bedroom 52 $2.70_ $140.40 7 $982.80 2-bedroom 416 $2.70 $1,123.20 9 $10,108.80 3-bedroom 707 $2.70 $1,908.90 1 $1,908.90 Total Impact Fee 27 $11,091.60 Section 26.470.070(J): Growth Management Quota System (GMQS) Exemption for Affordable Housing 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 rentallsale 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 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. Staff Finding The project is exempt from GMQS because 26 dwelling units will be deed restricted to affordable housing and 1 unit will be free market. Section 26.470.070(F) Change in Use allows the project to be exempt as long as "No more than one residential unit will he 22 created." A previous code interpretation of this section stated that the one residential unit may be a free market unit. This standard is addressed for this project to be GMQS exempt. 23 EXHIBIT 13 REFERRAL COMMENTS MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer Reference DRC Caseload Coordinator Date: February 2, 2000 Re: UlIr Lodge (Draft Response) The Development Review Committee has reviewed the Ullr Lodge application at their January 19, 2000 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage—Requirement—The drainage report submitted with the application is insufficient. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with a percolation test to verify the feasibility of this type of system. Drywells have depths well below depth of frost (10' minimum) to function in cold weather. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within public right of way or utility easements. The foundation drainage system should be separate from storm drainage, must be 24 detained and routed on site, and must be shown on drainage plans prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Information—The City drainage criteria needs to implemented. This includes but is not limited to erosion control, soil stabilization, and vegetation disturbance. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise from potential mud and debris flow. 2. Sidewalk, Curb, and Gutter—Requirement- The submitted plat does not show the installation of curb, gutter, and sidewalk along roadways. As of the request of the Engineering Department revisions need to be made, if urban design features are proposed, as follows: a. All streets and access roads need to have curb and gutter upgrades that comply with City of Aspen standards unless already approved by the City Engineering Department. b. All streets and access roads need to have sidewalks that comply with City of Aspen standards. c. 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. 3. Fire Protection District—Information —The application states that all of the office space, retail space, and employee housing will be sprinkled. As of the request of the Fire Protection District revisions need to be made as follows: a. There should be maintenance of the existing fire alarms in the building to avoid failure. b. The installation of Residential Sprinkler Systems is requested, but may not be bound by local codes. There may be a required installation of Residential 25 Sprinkler Systems in the new 1900 sf area that will be upgraded to three new units. 4. Parks Department— Information - The Main Street right-of-way adjacent to this property has been neglected for years. It should be a condition of approval for the PUD that the applicant improves the ROW and maintain it regularly. The only improvement that will be required is grass seeding. A suggested type of grass that may do well in this area is a turf-type tall fescue. An irrigation system is not required for the ROW. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. It is already a municipal law that the adjacent property owner is responsible for maintenance of the ROW. Maintenance responsibilities include irrigating and grass trimming. The City is responsible for street tree maintenance including tree trimming and installation. The City Forester has approved the removal of one dying tree near the alley between Main and Bleeker Streets. This approval will allow for the continuation of the required sidewalk to the alley. Also, the City Forester has requested that for the extension of the sidewalk to Main Street, the applicant should avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground. Finally the City Forester would like to have landscaping between the existing wall on Main Street and the existing sidewalk. This landscaping should be similar to the landscaping along the Main Street Parkway. 5. Utilities (General)—Information—All use of City utilities must be planned accordingly. 6. Streets Department — Requirement - As of the request of the Engineering Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 7. Utilities: - Water: City Water Department Requirement— a. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 26 - Wastewater.. Aspen Consolidated Waste District Requirement — As a request of the Consolidated Waste District, revisions need to be made as follows: a. A set of plans for the Ullr Lodge must be given to Peg in the ACSD office for review. b. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines need to be replaced before they can be connected to the ACSD sanitary lines. - Construction: Work in the Public Right of Way Requirement — Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including landscaping, within public rights of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for tree removal permits, landscaping in the ROW. vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920- 5130) for mailboxes, streets, and alley. 4. Permits: Obtain permits for any work or development, including street cuts, landscaping, within the public rights of way from the city community development department. DRC Attendees Staff: Nick Adeh Applicant's Representative: Katie Updike Ed Van Walraven Nick Lelack Tom Bracewell Phil Overynder Ben Ludlow Becca Schickling 27 Aspen Consolidated. Sanitation District Sy Kelly * Chairman John Keleher Paul Smith * Treas Frank Loushin Michael Kelly * Secy cv1/21/4! Bruce Matherly, Mgr January 24, 1996 t O NC!'= p; Pa „c Nick Lelack Community Development 130 S. Galena Aspen, CO 81611 Re: Ulir Lodge minor PUD Dear Nick: The Ullr Lodge is currently served by the District. The formal conversion of the lodge to condominimized units will require the completion of an incremental tap permit. We will require the completion of the permit and payment of fees prior to the issuance of a building permit. Service, as usual, is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. The lodge is currently served by two old clay service lines both of which must be inspected by closed circuit t.v. in order to determine if the service lines need to be replaced. All clear water connections (roof drains, foundation drains, patio drains, etc.) must be directed to dry well and cannot be connected to the public wastewater system. Please call if you have any questions. Sincerely, Bruce Matherly (� District Manager 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 FEB. 1.2000 10:46AM A°^-N HOUSING OFC NO.273 P.1 MEMORANDUM TO: Nick Lelack, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: February 1, 2000 RE: MINOR PUD FOR ULLR LODGE Parcel ID No. ISSUE; The applicant, Carbondale Affordable Housing Corporation (CAHC), Is requesting approval from the City to convert the Ulir Lodge to employer-owned and operated affordable housing under a Minor Planned Unit Development. The AspenlPltkin County Housing Authority (APCHA) initiated this proposal as a possible private sector model for addressing affordable housing needs. BACKGROUND: The housing to be created was sponsored in part by APCHA through a loan for the earnest money. The project is to be 100% affordable housing and is to conform with various affordable housing deed restrictions. The Housing Board held worksessions on this proposal in 1999 and held a formal meeting regarding the deed restriction on November 3, 1999. RECOMMENDATION: The Housing Board recommends approval of this request, with the condition that the final deed restriction be brought to the Housing Board for final input and approval. lnfarralWl r.doa MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer .Frt.. Reference DRC Caseload Coordinator Date: February 2, 2000 Re: UlIr Lodge (Draft Response) The Development Review Committee has reviewed the UlIr Lodge application at their January 19, 2000 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage— Requirement—The drainage report submitted with the application is insufficient. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with a percolation test to verify the feasibility of this type of system. Drywells have depths well below depth of frost (10' minimum) to function in cold weather. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within public right of way or utility easements. The foundation drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Page 2 of 4 02/02/00 Ul1r Lodge Information —The City drainage criteria needs to implemented. This includes but is not limited to erosion control, soil stabilization, and vegetation disturbance. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise from potential mud and debris flow. 2. Sidewalk, Curb, and Gutter— Requirement-The submitted plat does not show the installation of curb, gutter, and sidewalk along roadways. As of the request of the Engineering Department revisions need to be made, if urban design features are proposed, as follows: a. All streets and access roads need to have curb and gutter upgrades that comply with City of Aspen standards unless already approved by the City Engineering Department. b. All streets and access roads need to have sidewalks that comply with City of Aspen standards. c. 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: • The City Engineering Department has approved of the installation of a sidewalk in front of the existing parking area. This sidewalk will exist on an easement within property boundaries. The sidewalk will conform to City of Aspen Standards and will include the installation of curb. The sidewalk will also have tree well grates to allow for the existing trees to stay. This sidewalk will be placed from the existing improved Main Street sidewalk to the alley between Main and Bleeker Streets. 3. Fire Protection District— Information — The application states that all of the office space, retail space, and employee housing will be sprinkled. As of the request of the Fire Protection District revisions need to be made as follows: a. There should be maintenance of the existing fire alarms in the building to avoid failure. b. The installation of Residential Sprinkler Systems is requested, but may not be bound by local codes. There may be a required installation of Residential Sprinkler Systems in the new 1900 sf area that will be upgraded to three new units. 4. Parks Department— Information - The Main Street right-of-way adjacent to this property has been neglected for years. It should be a condition of approval for the PUD that the applicant improves the ROW and maintain it regularly. The only improvement that will be required is grass seeding. A suggested type of grass that may do well in this area is a turf-type tall fescue. An Page 3 of 4 02/02/00 Ullr Lodge irrigation system is not required for the ROW. If one is proposed, then the system must be approved by the Parks Department prior to installation to avoid or minimize impacts to the existing street trees. It is already a municipal law that the adjacent property owner is responsible for maintenance of the ROW. Maintenance responsibilities include irrigating and grass trimming. The City is responsible for street tree maintenance including tree trimming and installation. The City Forester has approved the removal of one dying tree near the alley between Main and Bleeker Streets. This approval will allow for the continuation of the required sidewalk to the alley. Also, the City Forester has requested that for the extension of the sidewalk to Main Street, the applicant should avoid damage to the existing conifer by "ramping" the sidewalk over the existing ground. Finally the City Forester would like to have landscaping between the existing wall on Main Street and the existing sidewalk. This landscaping should be similar to the landscaping along the Main Street Parkway. 5. Utilities (General) — Information —All use of City utilities must be planned accordingly. 6. Streets Department— Requirement - As of the request of the Engineering Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 7. Utilities: - Water City Water Department Requirement— a. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. - Wastewater: Aspen Consolidated Waste District Requirement—As a request of the Consolidated Waste District, revisions need to be made as follows: a. A set of plans for the Ullr Lodge must be given to Peg in the ACSD office for review. b. The clay tile sanitary laterals need to be inspected with a television line to see if there is any interference from roots. If they have blockage, then the lines need to be replaced before they can be connected to the ACSD sanitary lines. Page 4 of 4 02/02/00 U11r Lodge - Construction: Work in the Public Right of Way Requirement—Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including landscaping, within public rights of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for tree removal permits, landscaping in the ROW, vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, streets, and alley. 4. Permits: Obtain permits for any work or development, including street cuts, landscaping, within the public rights of way from the city community development department. DRC Attendees Staff: Nick Adeh Applicant's Representative: Katie Updike Ed Van Walraven Nick Lelack Tom Bracewell Phil Overynder Ben Ludlow Becca Schickling Katie Updike, 01:33 PM 5/"'0 -0600, Ullr Page 1 of 1 X-Sender: kupdike @rof.net X-Mailer: Windows Eudora Pro Version 3.0 (32) Date: Tue, 02 May 2000 13:33:40 -0600 To: Nick Lelack <nickl @ci.aspen.co.us> From: Katie Updike <kupdike @rof.net> Subject: Ullr Nick - Thanks for helping get the demo permit out...seemed to be a lot of confusion, just needed the prod. Oddly enough, when I talked to Sarah 1-1/2 weeks ago I thoguht we were a day a way just waiting for HPC to sign. Amy in fact returned and said she had signed when it first came in...confusion. Oh well. We're back to work again. Thanks. Nick, I just received word from Farrell that he did not think it was a good idea to waive the school fees. Long time to decide, but not a surprise. I am wondering, however, about what the final permit fees are going to be. I've been told various things on the permits issued so far. First, that if it is 100% affordable all fees are waived. Then, no, because there is a free market unit (even tho' we're not doing any work on that unit). Who is it that makes the determination. Do I need to apply? Does the Housing Office need to do something? Just need to know. Many thanks, Katie PS. There seems to be some interest (nascent) about trying to document and repeat the Ullr experiment...maybe with new construction, maybe rehab. I will look forward to hearing your thoughts on the concept and where it fits in to the over-all planning. Printed for Nick Lelack <nickl @ci.aspen.co.us> 5/10/00 MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer , Date: June 2, 2000 Re: ULLR Commons PUD Plat 1. There is no indication of trash storage on the submitted plat. If the plat is signed without trash storage, then it will be illegal for there to be onsite trash storage and will be subject to regular inspection. From Katie Updike 970-9639170 To Nick Lelack Date:6/1/00 Time'. 10:03:48 AM Page 1 of 1 Plf Ni®i. .' 35 East Wacker Drive f. �I . Suite 1522 BUILDING SOLUTIONS cvicago,Illinois 60601 312.444•1007 phone 312.4449754 fax Katherine L. Updike kupdtbesrof net Colorado Office: 8300 County Road#3 Marble, Colorado 81623 To: Nick Lelack at 9,1970-920-5439 For Information Call: 970-963-9511 From : Katie Updike At: Building Solutions LLC Pages: 1 Re:Ullr Fax Number : 970-963-9170 Nick- Following email was returned so I am emailing. Email address change? Katie essage-Id:<3.0.32.20000531165820.00b3240c @rofnet> X-Sender: kupdike @rof net X-Mailer: Windows Eudora Pro Version 3.0(32) Date: Wed,31 May 2000 17:08:15-0600 To: Nick Lelack<nickl @ci.aspen.co.us> From: Katie Updike<kupdike @bldgsolutions.com> Subject: Ullr Development Agreement Cc: Richard de Campo<rdecampo @billposs.com>, "E.Michael Hoffman" <mikeh @aspenconnect.com> Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Nick- Hopefully we are getting to the end of the building permit wait. We are trying,however,per your and Julie Ann's reconunendation to stay on top of the PUD Agreement recording. Unfortunately,I don't know who other than you to follow-up with. How can we track this? Should we call Worchester? Do we need to walk it around? Please advise. Thanks, Katie Cover pages by Delrina • LOCAL Ullr-Lodge to become --�(� �y unique housing opportunity t-j Aspen Daily News Staff Report common kitchen. ^� � tri Monday night, Aspen City Council Despite some concerns about potential �n approved use of the now-defunct Ullr Lodge problems in the neighborhood of Main and for a unique employee housing project that Fifth streets, 16 on-site parking spots will be \QO could be in operation as early as this summer. provided for what could be an additional 30 The 26-unit project will be owned and or more residents in the area. Twent 7\v operated by a variety of local employers and neighborhood permits were issued. Y seven rented out to their employees at subsidized The employers said They will create incen- rates. An additional unit will be reserved for encourage rives to their employee-tenants to an on-site manager. g The employer-controlled project was not own cars. applauded by the council and members of the Councilman Jim Markalunas suggested the public, who attended the meeting to show Carbondale Affordable Housing Corp., which their support for the project, which will not recently purchased the former lodge, look • require a government subsidy. into establishing a "community-car" for resi- Approval for the housing was unanimous. dents of the units to share. Markalunas said It will be called the Ullr Commons, and community-cars have been a success on the include a complete remodel and the creation West Coast and may be purchased, or leased, of studios, one- and two-bedroom units and a from rental car agencies. A 1 • • Housing City OKs plans for. Ullr As early as this summer,the old Ullr Lodge will become the Ullr Commons,making it probably the quickest completion of an affordable housing pro- ject ever. It also will be the latest experiment in ways to provide affordable housing without building a huge government project. The Aspen City Council on Monday gave final approval for the conversion. which is being han- dled by the Carbondale Affordable Housing Corp. and a group of Aspen employers. Under the approved plan,the Main Street lodge will be remodeled to create 27 housing units — a\40° studios and one- or two-bedroom units, some of which will be dormitory-style and have access to a common kitchen. In addition,one unit will be a free-market apart- ment. These units are to. be purchased by local employers and rented to their employees at subsi- dized rates, with one reserved for an on-site man- ager. The only issue that caused any contention among those at the public hearing Monday was parking.Neighbors worried that the overflow from the project would congest the neighborhood streets. The council decided to go ahead with a plan to provide 16 on-site spaces (including 10 curbside spaces on Fifth Street that will be leased to the homeowners association) and another 27 neigh- borhood permits. In addition,the employers will do what they can to encourage their employee-tenants to do without cars. i COUNCIL PRESENTATION NOTES: ULLR 1 A. ULLR LODGE S 1. Review process — Sker—pi Q `--'o t- 3 ht �C11�� 3 ^ 1 �y'• toast Oriip gt X10,relit or , c ;5 G�„((�/Consolidated PUD because it serves a significant community interest Uk °�' and limited # of issues involved. Subdivision –to create 27 dwelling units. GMQS Exemption for AH. ® Ike Purpose a4- he, ?aye i s 4 t y,Iver t utter r�ly -1-1,� mu ti-r 1k Previous Action: a. PZ unanimously approved the consolidated PUD (combined with { special review for parking) and Subdivision. y, Ilk. �" y b. HPC unanimously approved the rrtinei� to remove the C6 swimming pool and pool room to make the court yard more functional for the building's residents. c. Housing Board unanimously recommended approval of the GMQS Exemption for AH. . 2. t• a. : ._• • • a . • .' . • _' _ • - -- -- . . • - . : _ • • - units, artd 1 flee market unit V31 - b. Carbondale AH Corp. contracted to buy Ullr for this purpose. c. l request was to create 30 units. 3. Issues a. establish a PUD to convert the lodge to a multi-family residential building. Establish dimensional requirements – including parking. Establish existing dimensions. PARKING Code requires 2 for multi-family units (1-bedroom or studio) 36 required parking spaces for this building 16-18 spaces available Employers agreed to: 1) rent incentives for employees without cars 2) charge employees with cars for parking 3) create attractive car rental rates for employees with no personal car 4) subsidize transportation passes 5) give rental preferences to employees without an automobile A Staff believes that because there is a serious deficiency of on-site parking spaces, the Applicant should be required to implement at least three of the concepts. Specifically, staff believes that (a) rent incentives for employees without cars, (d) subsidized RFTA transportation passes, and (e) rental preferences to employees without an automobile should be required and be made conditions of approval. Tim Ware, Director of Parking Control, believes that there will be more individuals occupying the building more of the time, which will result in more cars parking on site and in the neighborhood. Mr. Ware recommends imposing a condition of approval that requires the maximum number of residential parking permits allowed for the Ullr Lodge's residents be limited to a maximum of 36. Community Development Staff, however, is not supportive of reducing the street parking passes in a manner different from that offered to the general public. b. Subdivision to create 27 dwelling units. 26 deed restricted units and 1 free market unit. Sell to employers for costs incurred to purchase and remodel them. Employers will deed restrict to resale at 3% and category 3 or 4. Building is being upgraded per UCBC standards — which allow the community to preserve and more efficiently utilize its existing stock of buildings and to make them safe. c. Sidewalk to improve pedestrian circulation on around the site from Main Street to alley on 5`h street. Parks has reviewed. d. 2 issues raised in Tom Smith's letter concerning housing policy. This issue regarding the potential Sale of Units to Employees has been resolved to the satisiVon of both parties. The one outstanding is ue/is overoreclosure and Waiver of Deed Restriction its provision essentially allows lenders, in the event of a foreclosure by an employer owner, to lift the deed restriction and sell the unit on the free market provided that the Housing Authority is given an opportunity to first acquire the unit. According to Tom Smith, HA attorney, the provision is typically found in the deed restriction for individual sale units. He and Mary Roberts do not believe that this should be a staff decision to include this provision in the deed restriction unless authorized by City Council. 4. Staff Recommends approval for the following reasons a. The proposal meets the review criteria b. 26 deed restricted AH units c. Location — walking and biking distance to downtown, parks, transit, all of Aspen. d. Upgrade the entire building for all life safety and UCBC standards. e. Very minor external changes to the building are proposed. f. Sidewalk that meets City Engineer and Parks standards. g. Lease parking spaces. G . Cab 1, on- cys 1��W 1r`" ilj 6\ vs- MAR.25.2000 7:18PM PL. .N PEIRCE & SMITH NO.874 P.2/4 AUSTIN, PEIRCE&SMITH,P.C. Attorneys Ac Law 600 3,Hopkins Avenue Suite 205 Aspen,Colorado 81611 Frederick F.Peirce Telephone Thomas Fenton Smith* (970)925.2600 _ Facsimile Ronald D.Austin (970)925.4720 op cronm. John M.Lassalecte** *Also Admitted in Delaware **Also Admitted to Washington March 25, 2000 VIA FAX ONLY 920-5119 City of Council of the City of Aspen c/o John P. Worcester, Esq, City Attorney 130 South Galena Street RE: L'llr Lodge/Commons Consolidated PUD Review Dear Members of the Council: This letter is submitted to you on behalf of the Aspen/Pitkin County Housing Authority in connection with the above referenced application. Although the Housing Office does not ordinarily review a deed restriction until approval for a project has been granted, in this case we have been asked to review and discuss the proposed master deed restriction with the applicant and we have done so, Because I will be out of town on Monday, March 27, 2000, when this matter will be considered by you,this letter is being submitted for your consideration, Mary Roberts and I have reviewed and commented on the applicant's proposed master deed restriction. We request that you consider two issues so that the Housing Office has the necessary direction for incorporating the resolution of these issues into a deed restriction. These issues are as follows: 1. Sale of Units to Employees. The application ider :ifies the proposed project as an "employer owned and operated affordable housing complex." It is described as a 27 unit project, 26 of which would be deed restricted affordable housing rental units, However,the proposed deed restriction states that "an Owner may convey its entire interest in a unit to any employee of that Owner," It is the position of Housing Office staff and this office that the project does not identify the potential for condominiumization and sale of individual units to employees. This would be a different project from that which is reflected in the application, There are a number of new issues MAR.25.2000 7:18PM AIUL .,J PEIRCE & SMITH NO.874 P.3/4 AUSTIN, PEIRCE&SMITH, P.C. Attorneys Ac Law March 25,2000 Page 2 posed by the ability to condominiumize and sell the individual units to employees. While we do not doubt the applicant's intent that these would be primarily employer owned rental units, over time they could all become sale units. We are not sure that the nature of this property is such that sale units are appropriate. In addition, a number of additional matters arise in connection with the potential for future employee ownership. This is not to suggest that Council would not be within its discretion to authorize the applicant to convert the rental units to sale units, but this is not reflected in the application and the Housing Office requests direction on this issue. 2. Foreclosure and Waiver of Deed Restriction, The proposal includes a request that is typically found in the deed restriction for individual sale units,but that to our knowledge has not been implemented in connection with rental projects. For this reason alone,we believe that it should not be a staff decision to include this provision in the deed restriction unless authorized by City Council. As we understand it, it is the applicant's position that financing for the project will not be approved in the absence of a provision that, in the event of foreclosure, the deed restriction would be lifted provided that the Housing Authority is given an opportunity to first acquire the property. The applicant will be present at the hearing to expand upon their position regarding this issue, From the Housing Office standpoint,there are several factors that should be considered in addition to the applicant's needs, First is whether this would establish a precedent for future rental projects. This is a somewhat unique project as described in the application and you may find that this is not a significant concern. Second, it would not be appropriate for the Housing Office itself to agree to include this provision in the deed restriction since it does not have the funds to purchase property in order to avoid the effect of foreclosure. Third,while we have no reason to question the applicant's need for this as expressed by its potential lender,there maybe different considerations where a rental project is concerned as opposed to individual sale units, It is possible that the entire LILT Lodge / Commons, or blocks of units within the project,would be owned by an individual owner or small group of owners, In that event, there could be a significant expense involved in purchasing the property in order to avoid having it go free market, On this issue we take no firm position but seek the direction of City Council. 3. Miscellaneous. We have discussed a number of other issues with the applicant and believe that we have agreement. These include our understanding that "Qualified Tenants"will include employees of the owners, employees qualified under the guidelines, and tenants who may lease on a short term basis (less than 6 months) provided that they are music students or similar seasonal occupants, The qualifications of long term tenants will be as specified in the Guidelines. The initial determination of qualification will be made by the owner with the requirement that the information be provided to the Housing Office and that the Housing Office would have the ability to enforce these requirements. Tenants would be subject to the income, asset, and employment qualifications contained in the Guidelines. Rent would be as established by the Guidelines, but in MAR.25.2000 7:19PM AL_ .N PEIRCE & SMITH N0.874 P.4/4 AUSTIN, PEIRCE &SMITH, P.C. Auomeys At Law March 25,2000 Page 3 no event to exceed 40% of household income as determined at the commencement of the lease. Otherwise,we anticipate that the deed restriction will follow the standard form. We therefore request that you provide direction to the Housing Office regarding the potential for sale of the units to resident employees and whether the ability to obtain a waiver of the deed restriction would be permitted in the event of foreclosure and the inability of the Housing Authority to purchase the property, We are of course receptive to any other direction you may wish to provide in connection with the deed restriction. Very truly yours, AUSTIN,PEIRCE & SMITH/P,C, • r / I By ' FAr Thomas F nton mith cc: Mary Roberts(via fax only 920-5580) Cindy Christensen(via fax only 920-5580) Nick LeLack,City Planning Department(via fax only 920-5439) E, Michael Hoffman, Esq. (via fax only 920-4249) PUBLIC NOTICE RE: ULLR LODGE GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AFFORDABLE HOUSING NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March 15, 2000 at a meeting to begin at 5:00 p.m. before the Aspen/ Pitkin County Housing Board, at Plaza 1, 530 East Main Street, Aspen, to consider an application submitted by the Carbondale Affordable Housing Corporation for a Growth Management Quota System Exemption for Affordable Housing. The property is commonly known as the Ullr Lodge, and is described as Lots K, M, N, and the west half of 0, Block 30, City and Townsite of Aspen. For further information, contact Nick Lelack at the Aspen/Pitkin County Community Development Department, 130 S. Galena St., Aspen, CO (970) 920- 5095, nickl @ci.aspen.co.us. s/Jackie Kasabach, Chair Aspen/Pitkin County Housing Authority Board Published in the Aspen Times on February 25, 2000 City of Aspen Account 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 UlIr 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: 1. 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. JAN. 27. 2000 5:34PM - 'LL POSS ASSOCIATES NO. 396 P. 1/7 605 EAST MAIN STREET ASPEN.COLORADO elm TELEPHONE 070/925-e756 FACSIMILE 970420-2950 MEMORANDUM TO: Nick Adeh, Engineering Department VIA: fax 920-5081 FROM: Richard de Campo, AIA, P.E CC: Katie Updike, Nick Lelack fax: 920-5439, 963-9170 DATE: January 27, 2000 7 pages RE: Handicapped parking access for ULLR BPA Job# 9929.00 -6.1 Nick - Thanks for meeting with us at the ULLR yesterday to clarify what the city will require regarding sidewalk improvements. I picked up the "Interim Design and Construction Standards" from your office, but couldn't find something that related specifically to the layout for a curbed sidewalk with handicapped parking space and access aisle. Regarding the access to the handicapped parking space, my understanding of what you thought would be acceptable is a 36"wide access aisle that could slope down 6' from the curb at 1:12 to a level area next to where a handicapped person would exit a vehicle. If I understood you correctly, the attached sketch labeled Figure "AU shows that configuration. The Colorado statutes for handicapped accessibility refer to the most current version of ANSI Al 17.1. I have attached some relevant pages from that document for your reference. I see several differences between what you suggested and the ANSI standards. Although a curb ramp may be only 36" wide, 1) the access aisle for a handicapped car space must be 60"wide, 2)the curb ramp you proposed would need to have a flared side to It, which is not allowed to extend into the parking space, and 3) access aisles must extend the full length of the space they serve and have slopes not steeper than 1:48. Figure"B" is what I had in my mind and was trying to describe to you, but at the time you didn't think it was acceptable. As far as I can tell, it meets all the ANSI handicapped criteria as well as your criteria for a 5' sidewalk with a vertical curb. Would this be acceptable to you? I've also attached the previous survey drawing of tha\corner for reference of eXisting conditions. If you hav other sustions, please fax me a / g Y Q' p ,� °j "fie 'I (•-1i iii ' ^,�' 1 r�uri.iati" /;f^ ., r�' 'F .•'•!'� .rb'X.f,f ,.....• .r,'1 r ` I !I �N4y� e �I ag3 / • ! 1+ +J ,7 �P rd 1 J I L 7.y P S r , 4. �/ v "r ' i (�w �(, f J i..' ✓ �, !ter' .!v �i" a' JAN. 27. 2000 5: 34P4 BT' POSS ASSOCIATES NO. 396 P. 2/7 I sketch. The only thing that I'm not clear about(and maybe I need to re-visit what's there now), is how the existing segment of sidewalk on 5th Street transitions to the H/C access aisle. I'm not sure how much is curbed or not. I would welcome any suggestions you have on that. I'd appreciate it if you could look this over and let me know what you think. I'll be out of the office on Friday, but will be in all next week. Thanks again for your input. end; Figures "A" &"B"for ULLR Handicapped Parking site survey excerpt of NE corner of 5"'& Main Page 2 of 2 JAN. 27. 2000 5 : 34PM BILL FOSS ASSOCIATES NO. 396 P. 3/7 AMERICAN NATIONAL STANDARD Chapter S.General Site and Building Elements Chapter 5. General Site and Building Elements 501 General '—j1 502.3.2 Length.Access aisles shall extend the full length of the_ rarljpq spaces they serve. 501.1 Scope. General site and bufding elements required to be accessible by the scoping provisions 502.3.3 Marking. Access aisles shall be adopted by the administrative authority shall comply marked so as to discourage parking in them. with the applicable provisions of this chapter. 502.4 Moor or Ground Surfaces. Parking spaces 502 Parkin Spaces and access aisles shall have surface slopes not 9 P aces steeper than 1:48. Access aisles shall be at the 502.1 General. Accessible parking spaces shall same level as the parking spaces they serve. comply with Section 502. 502.5 Vertical Clearance. Parking spaces for vans shall have a vertical clearance of 96 inches (2490 5022 Vehicle Spaces.Carand van parking spaces mm)minimum at the space and along the vehicular shall be 96 inches (2440 mm) wide minimum and route thereto. shall have an adjacent access aisle complying with Section 502.3. 502.6 Identification. Where accessible parking . spaces are required to be identified by signs, the e•......•..........•t� signs shall include the International Symbol of g.:.: ? . ..:.yl Accessibility complying with Section 703.7. Such n signs shall be 60 inches(1525 mm)minimum above J L i .'~� the floor or ground surface of the parking space, ' -<. 1 measured to the bottom of the sign. tl 1 Q:>::::::'>:''1 SOS Passenger Loading Tones�P` Ii "� 503.1 General. Accessible passenger loading zones shall comply with Section 503. I �� . a Q;:`-::: ":'?: -: 503.2 Vehicle Pull•up Spice. Passenger loading ;: zones shall provide an access aisle compl3king with �:• �.• Section 503.3, adjacent and parallel to a vehicle 96 min I` `'" " `: pull-up space. 2440 502.3 Access Aisle.Access aisles serving passen- ger loading zones shall comply with Section 302 Vehicle P rldng Space and Sections 503.3.1 through 503.3.3.1 Access aisles shall be part of the accessible rouje to the building or facility entrance and shall comply with 502.3 Access Aisle.Access aisles serving parking Section 402. spaces shall comply with Sections 502.3.1 through 1 Width. Access aisles serving vehicle 502.3.3. Parking access aisles shall be part of the 9 accessible route to the building or facility entrance pull-up spaces shall be 60 inches (1525 mm) and shall comply with Section 402, Two parking wide minimum. spaces shall be permitted to share a common ac- 503.3.2 Length.Access aisles shall be 20 feet cess aisle. Parked vehicle overhangs shall not re- duce the clear width of an accessible route. (5100 mm) long minimum. 45022 Width.Access aisles sere ng car park- 503.3.3 Marking. Access aisles shall be ing spaces shall be 6 inches 1525 mm) wide marked so as to discourage parking ir♦them. minimum. Access aisles ruing van parking 503.4 Floor or Ground Surfaces. Vehicle pull-up spaces shall be 96 inches (2440 mm) wide spaces in passenger loading zones and access minimum. aisles shall have surface slcpes not steeper than ekm• JAN. 27. 2000 5: 34PM Bi a POSS ASSOCIATES NO. 396 P. 4/7 A essibls and Usable Buildings and Facilities ICC/ANSI A117.1-1898 -• -ss aisle serving— access aisle serving car parking spaces \ van parking spaces Si' `i: ' - - �, I I F area to: = p,:::::: area to:..:; lE be 2. It be .:4.I ■ ■ R marked Yl ti (�: : marked:.:::: 60 min 98 min 1525 ' 2440 Flg.502.3 Parking Space Access - sae 20 feet min 6100 L .\ 60 min --- --i::—.area to be marked.::::::: :::J ;:::;:? 1525 /'. — -- . if j:. ,p�titi V tcU Flg.503.3 Passenger Loading Zone Access Aisle 1:48.Access aisles shall be at the same level asthe . vehicle pull-up space they serve. �+ 11 min .� 280 503.5 Vertical Clearance.Vertical clearance of 114 inches (2895 mm) minimum shall be provided at passenger loading zones and along vehicle access routes to such areas from site entrances. 47 'I. 504 Stairways 100. N. -`III 504.1 General.Accessible stairs shall comply with Section 504, 594.2 Treacle and Risers. All steps on a flight of stairs shall have uniform riser heights and uniform tread depth.Risers shall be 4 inches(100 mm)high minimum and 7 inches(180 mm) maximum.Treads Fig.5042 shall be 11 inches (280 mm) deep minimum, mea- Treads and Risers for Accessible Stairways sired from riser to riser. 34 JAN. 27. 2000 5: 34PM BIB' °OSS ASSOCIATES NO. 396 P. 5/7 Accessible and Usable Buildings and Facilities ICC/ANSI 4717.1-1993 11 e 12 mfrt Lln 305 xc4 x < 100 (a)Extended Surface (b)Curb or Barrier Fig.405.9 Ramp Edge Protection 405.92 Curb or Barrier.A curb or barrier shall sides shall have a slope not steeper than 1:12,Curb be provided that prevents the passage of a ramps with returned curbs shall be permitted where 4-inch (100 mm) diameter sphere below a pedestrians would not normally walk across the height of 4 inches (100 mm). ramp. 405.10 Outdoor Conditions. Outdoor ramps and 406.5 Width.Curb ramps shall be 36 inches (915 approaches to ramps shall be designed so that wa- mm) wide minimum, exclusive of flared sides. ter will not accumulate on walking surfaces. 406.6 Floor or Ground Surface. Floor or ground 406 Curb Ramps surfaces of curb ramps shall comply with Section 302. 406.1 General. Curb ramps on accessible route�406.7 Location. Curb ramps and their ide flares shall comply with Section 406. shill not protrude into vehicular traffic lanes, 406.2 Slope. Slopes of curb ramps shall comply ing spaces, or into parking space access aisles. with Section 405.2. 406.8 Obstructions. Curb ramps shall be located 406.3 Counter Slope_Counter slopes of adjoining or protected to prevent their obstruction by parked gutters and road surfaces Immediately adjacent to vehicles. the curb ramp or accessible route shall not be steep- 406.9 Handrails.Handrails are not required on curb er than 1:20. Transitions from ramps to walks, gut- ramps. ters or streets shall be at the same level. 406.4 Sides of Curb Ramps. Where Pedestrians 406.10 Location at Marked Crossings. Curb ramps at marked crossings shat be wholly con- must walk across a curb ramp,the ramp shall have tamed within the markings, excluding any flared flared sides.Slope offlares than not be steeper than sides, 1:10.Where the width of the walking surface at the top of the ramp and parallel to the run of the ramp 406.11 Diagonal Curb Ramps.Diagonal or comer- is less than 48 inches (1220 mm) wide,the flared type curb ramps with returned curbs or other adjoining surface—. maximum slope 20 1 12 curb ramp maximum i L slope Fig.406.3 Counter Slope of Surfaces Adjacent to Curb Ramps 20 JAN. 27. 2000 5: 34PM BILL POSS ASSOCIATES NO. 396 P. 6/7 (,.,,,,,,„„..-- FLA:1.6P etr.-.E ? &drdiscussed) N 4 tcw Efc!SiD aC 2Yfkl.L 47- ri i r lE i . E2. c. th_. =---iVa ter, kg-t-b.- 1 (.; _. / -'q__...1_ .. _ . - . ta E7,-141;. - I Ap1� �hPl"�i . .. . . ..._.. . . . _ ._. r -. 8i_zo,1 �r dc, �ai ... ULLZ ` PAR - ICz 8 tt=o _. .. I/2.7/Znva JAN. 27. 2000 5:34PM - L POSS ASSOCIATES • . • w . ' NO. 396P. 7/7.-- c y — Cl o • • - • ' . s F w • • W W • • • • I• • i. s • • • • r • • ° LOT . L 0 T K . • • • - • • I • • 0• • - • • • ° CUM • • • � • / o ,CONCRfiT@ a. WALK L ♦0* I - • • °• n ed• • P4RKING• ~ • ° x • 1 ° .ARtA. • - . o • • Ni • - e I • • • ° • • . _ r. ° ♦ ° • • • WALK • •� O • • • • • -b. '...1 ' ' ' n a Pa • a • ° I w - • a . • • I • • I. • • A ▪ ° I STORAGE I 24.O" • MONCO c , .A Y , R • • 00%/ 23_ 1 ' • a ` • • r • • • • • • p • • - . • . • ♦ • N.^•-r /v` Memorandum To: Richard de Campo From: Stephen Kanipe �I Date: January 17, 2000 Q Re: Ullr Lodge site visit Richard, thanks for the itemized a summary of the site visit and walk-through inspection of the property. Following is a summary of clarifications and references from the 1997 UCBC to provide clear direction for moving forward with the conversion project. Item 1- agreed Item 2- UCBC section 701.1.2 accepts battery operated smoke detectors Item 3- UCBC section 402.4 accepts Y inch gypsum wallboard in lieu of one-hour fire resistive construction provided surfaces are in good condition. This would apply to the stairway construction. Item 4- the second sentence should read "Stephen will accept a permanent bench to facilitate egress at the existing Windows. Item 5- agree to corridor widths. See UCBC section 404.1.2 for handrail requirements. Item 6- agreed to size. Refer to UCBC-5 "Plumbing D. W. V. guideline". Is the existing bathroom sink drain the 1 1/2 half-inch diameter? Should have a strainer basket? Item 7- agreed Item 8- refer to UCBC section 405.1.1 for stair guidelines. Evaluate existing conditions with 3/8-in. diameter maximum difference. Refer to UCBC section 405.2 for guardrails; allowed to remain at 36 inches. Headroom clearance as agreed. Item 9- see UCBC-4 for existing wiring. It is to be determined the surface romex may be allowed to remain. Item 10- agreed l MEETING ULLR Lodge Oct. 12 ING 12. 1999 PROJECT DATE TIME NOTES T.co 4om JOB NO. Wb r;at as PARTICIPANTS: ULLR Lodge 605 EAST MAIN STREET Katie Updike ; C'dale Aff. Housing ; LOCATION ASPEN,COLORADO 81511 4 r FACSIMILE LE 97020 2960 Richard de Campo : Bill Poss &Assoc. SPA Les Rosenstein Bill Poss&Assoc. aP 4 % - - Tony Percival I ULLR Lodge 4 u< Stephen Kanipe ; Community Devel. ; co ilv i i ..' Orrin Moon i Fire Department •' F.0 • ITEM ; DESCRIPTION 3 STATUS RESP.PARTY DEADLINE r rawlspaces. Steve indicated they could be considered 1 conditioned space, and should have a space heater to prevent pipe freezing. Access door needs to be replaced with one rated at 20- minutes. r 70 1.1.2 Smoke Detectors.Although Steve feels that battery-operated ones might be OK, he would recommend they be hard-wired for 2. V liability. Orrin would strongly recommend a 'smart system°fire alarm. i. 4)a•e Stair to Lodge Units.Although this stair should have a 1-HR fire 3. rating, Steve felt that a smoke alarm system might compensate for the lack of a 1-HR rating. Bedroom Windows. Steve said he would allow windows with 48" high sills and a minimum 20"x 30"opening to remain. Furthermore, in the two lower level "lodge unlit '2.1d#1 &2), where 4 the sills a e 57" above the floor, Steve-wou` -prebebly allow some sort of or bench to facilitate egress at the existing windows. Howev r, in areas where sills were substantially higher(such as the maid's room) a light well and 44" high sills would need to be installed, providing 10% natural light per current code. yr.(,a• Corridor Width. The corridors that were slightly less than 36"wider 5 would be allowed to remain. However, he felt that one handrail should be eliminated on the stair to the maid's room to allow for increased width. Lodge Room Area and Separate Sink. The lodge rooms° (i.e. the motel-type rooms around common stair) could be converted to 'fr efficiency units even though they are slightly smaller than the V ( T. minimum 220 sf. Steve felt they should be restricted to single- occupancy units. Since there will be an additional cooking area downstairs for these units, Steve thought they could use the \�bathroosn sink in lieu of having a separate kitchen sink. • , . v t' Roof Assembly. Steve inquired about the roof construction and 7. iw "double roof"with `QS insulation nsulation.and O a ner vented Tony airspace.Percival said Steve it was said a that was OK as is. 7-3 \11/ r\Ci•k\ ‘141 RS 1).N3Apr \-0 MEETING ULLR Lodge Oct. 12, 1999 PROJECT DATE NOTES 9927.00 4pm JOB NO. TIME PARTICIPANTS: ULLR Lodge Katie Updike • C'dale Aff. Housing '• CNC LOCATION { i I Richard de Campo Bill Poss&Assoc. 4 aP. Les Rosenstein i Bill Poss&Assoc. BP. Tony Percival ULLR Lodge 4 u Stephen Kanipe • Community Devel. 4 co Orrin Moon i Fire Department i ra Stai : thous h treads and risers were uneven and didn't always 1/425-.).I meet code, Steve acknowledge. a ere wasn't a good way o fix these short of rebuilding the stairs,which was unreasonable, so 3. wAr the steps can remain, including winders which don't meet the 0d minimum 6"tread. However, proper guardrails and handrails would need to be added where lacking, and Steve thought that such _added safety features could compensate for rise& run S. •7 inconsistencies. Although the guardrail at the second floor units should be 42" high per current Code, Steve said the existing one at 84_ 36" high could remain. Since the courtyard stair up to the second 46,--"c--- f000r urlirchas columns interrupting the guardrails, Steve wanted to make sure that the new handrails would be continuous past these obstructions. Headroom clearances: a) at maid's room,take out approximately 16" of walkway to provide proper clearance; b) at upper flight of intemal stairs to lodge rooms, reconfigure bottom of closet over stair; c) if stair to housekeeping/laundry is just for a convenience interconnect and not as a primary means of lf( circulation, it could remain. ( ' ` Surface mounted romex wiring. In at least one of the units (#20), 9. t#rere was surface-mounted romex wiring,which Steve said must be enclosed in conduit or surface-applied casing. ' 10 Conversion of 3-BR unit. If this unit was substantially gutted and remodeled, the new work would have to be done per current code. • i r IF THIS IS NOT YOUR UNDERSTANDING OF WHAT TRANSPIRED,PLEASE CONTACT BILL POS5 AND ASSOCIATES IMMEDIATELY. PREPARED BY: Richard L.de Campo,AIA P.E. PAGE 2 OF 2 C1Prol.ctzlAtI9PBL9919.00 ULLi Lo<geto t99:9C6ni010159:cu.•pE Ullr Parking Proposal Existing Conditions: 27 units(including 1900 sf 3 BR unit which is often rented to 3 individual rents) 19 parking spaces Proposal: 30 Units(no increase in FAR) 19 spaces rented at$125/month on a First Come-First Serve Basis among Employer/HomeOwners (Benedict Commons is renting at$150/month for indoor parking—minimum 3 month initial lease) Employer/Homeowners who do not receive parking must: i) Provide Parking off-site on Company property or at alternative location OR ii) Prohibit tenant/employee by lease to forego personal car in Aspen MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Ttik2- Joyce Ohlson, Deputy Director FROM: Christopher Hendon, Planner 1 RE: Ullr Lodge Employee Housing—Work Session DATE: September 7, 1999 SUMMARY: Katherine Updike, Managing Partner of Building Solutions, will be present to talk about plans for converting this lodge on Main Street to affordable housing. This project is in its conceptual stages and the development team is seeking some feedback from the Commission on a few planning issues. Please refer to the project description and drawings. Work Sessions are an opportunity for a potential applicant to discover planning issues that need to be addressed. Work sessions, however, are non-binding, and are not publicly noticed. The Commission should provide general direction to the developer without prejudging the project. For example, "this method of addressing parking worked well for this other similar circumstance" or"this manner of addressing trash pick-up doesn't work and should be avoided" are appropriate direction statements. Statements in the manner of"if you do this, we'll approve the project," are not appropriate. ATTACHMENTS: A—Location Map B —Project Description and Drawings 1 Exhibit A r' w` is t �' i sr h4J N • • 'ar tAr tair I, $* 41- . ' tar is No A? is 1 Ullr Lodge • ♦; Eat► 1/1; Vslrh . lOrth •-• * 'a �' r sirft wit 4%. , ditif Jr Main Street I,, a ft' •rniiN. H I , , i , 7 * - ---Ab'lay -elt , a ii , .* ,.. , , - i► � a %. _se , , is 4 -, ,, , , iris 200 0 200 400 Feet Location Map 4 BUILDING SOLUTIONS Katherine L. (kith? September 2, 1999 To: Planning&Zoning Commissioners From: Katie Updike On behalf of the Carbondale Affordable Housing Corporation Re: Employer Sponsored Housing—The Ullr Lodge Attached is on overview of the proposed employer sponsored housing initiative. The Housing Office in conjunction with the Carbondale Affordable Housing Corporation(CAHC)is attempting to define a method for employers(the private sector)to become a more active part of the housing solution. The objective is to alter the `risk—reward' relationship in order to allow employers to fund the housing subsidy necessary while still meeting the over-all objectives set by community planning of housing more of the workforce, maintaining long-term affordability, and reducing the dependence on the automobile. As with most good housing programs,the solutions are varied and require multiple tools. We hope that this one becomes an important part of the solution. The Ullr has a small number of units. It is expected that demand will exceed the supply of units for most unit types. Given that we hope that the Ullr will become a model for employer involvement in the housing solutions. There will be a few planning and zoning issues. We are not seeking approvals at this meeting,however, your input now will help us make the approval process smoother and thereby more successful. The Ullr Lodge in general is in very good shape. It appears to have minimal deferred maintenance. Over 50%of the lodge is currently being used for long term housing and its larger unit sizes and kitchens make it appropriate for longer term housing. Other planning issues: ➢ Parking: Current parking is 19 spaces for 26 units. Part of it crosses the sidewalk. Because of the location, cars will be less necessary, but the code minimums are currently not met and cannot be met going forward. ➢ Streetscape: The courtyard currently houses an underutilized(and high cost)swimming pool. It is expected that the courtyard will be redesigned to supply quality exterior open space within the complex. It would be desirable to create a sense of private outdoor space,while still meeting the design criteria for the Streetscape. ➢ Historic Overlay: The exterior of the building will be modified very little. There should be no problem meeting criteria established by the Historic Commission. ➢ Interior Renovations: Although most rooms currently function well and are in reasonable shape, there are several areas where modifications will ensure that the project function better long term, specifically splitting one extra large unit into three similarly sized units,conversion of the office, and upgrading of a housekeeping unit. Upgrades will need to be done in concert with thresholds for code revisions, and ADA. We look forward to your assistance in realizing our objectives. C A R B O N D A L E A F F O R D A B L E HOUSING C O R P O R A T I O N a community development corporation serving the roaring fork valley EMPLOYER SPONSORED AFFORDABLE HOUSING Employers in the Aspen area are invited to participate in the creation of a multi-employer sponsored affordable housing project that would serve the employees of those businesses. This housing project is being developed as a model to test the idea of bringing multiple employers together to create affordable housing opportunities for employees. Objectives of employer sponsored housing: • Expand opportunity for employees to live and work in the community. • Reduce costs to employers of the long commutes by employees which often results in higher turnover, rehiring, retraining and absenteeism. • Encourage private sector participation in the provision of affordable housing in Aspen. • Provide a method for smaller employers to participate in the housing market. • Leverage the resources of the Housing Authority. • Encourage sense of community within housing development and the neighborhood. • Lessen impacts on transportation infrastructure. • Develop a model for employer sponsored housing that fairly balances the employer and employee interests. The Ullr Lodge 520 West Main Street i _ _4 11,141_ r III SMITH ELEVATION SCALE I"•S The Ullr Lodge offers the first opportunity to apply this model to the Aspen community, and we are seeking input from interested employers in the area. The model is designed to allow multiple employers to come together in an effort to create a project with an efficiency of scale for individual employers and a healthy diversity of housing for employees. P �® BUILDING SOLUTIONS 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 EMPLOYER SPONSORED AFFORDABLE HOUSING An opportunity: THE ULLR LODGE The Aspen-Pitkin Housing Authority and Carbondale Affordable Housing Corporation are reviewing the feasibility of acquiring the Ullr Lodge, a traditional Aspen Lodge. It was originally built as housing, but was converted to a lodge by the current owner. The unit mix is comprised of lodge rooms, studio units, one and two bedrooms. It can readily be converted to more permanent housing, and its central location also adds to its affordability and desirability. Transportation and employment are all "next door." This project will provide an opportunity for smaller employers to participate in a project which would be difficult for individual employers to develop on their own. The Housing Office is working together with the Carbondale Affordable Housing Corporation, a Carbondale-based non-profit, by advancing predevelopment support for this innovative employer- sponsored housing model. Employers will join with the Housing Authority in helping to bring about the success of this housing model by making a reservation(money committed to reserve units before acquisition) and downpayment (funds required to `buy'/close on units). The following prices indicate the level of investment necessary in order to reach affordable rents at the Ullr. (1) "a i nt"6t+ sAc ; tai 6 ii *aQ aKilid4i fa`<' Lodge Rooms (studio w/bath and micro- 200 $600 $70,000 $5,000 $30,000 fridge) Studio(includes small 370 $975 $125,000 $7,000 $55,000 kitchen) 1 Bedroom 395 $1100 $135,000 $10,000 $60,000 2 Bedroom 570 $1200 $195,000 $15,000 $90,000 Updated August 12,1999 Note: This This chart is for informational purposes only and is subject to change. ® ®® BUILDING SOLUTIONS 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 EMPLOYER SPONSORED AFFORDABLE HOUSING Employer Profile: Name: Title: Company: Type of Business: Address: City/State/Zip: Telephone: Email: Number of Employees # Seasonal # Full-Time Employer surveys throughout the valley demonstrate that the lack of housing affects both the profitability and efficiency of their businesses. Please help us understand the costs in your business which you attribute to lack of housing which is either close to work or affordable enough. Check all that apply: We offer `transportation' payments which average $ per month. We must pay an increased salary of approximately $ / (hr, mo, yr)to attract new employees. Our turn-over is unacceptable. It costs us $ to train a new employee. Our turn-over is too high. It costs us $ to advertise, interview, and hire replacements. Our business requires flexible or quick response. We need employees to live within minutes of the job site. We cannot hire our first choice in candidates any longer. Housing would help. We are losing business because we cannot meet our hiring goals. Currently where do most of your employees live? Provide approximate percentages and note the primary method of transportation from each location. Primary method of transportation Aspen Basalt—El Jebel Carbondale Glenwood Springs or beyond Level of Interest in Property such as Ullr Lodge: Very Interested Somewhat Interested Not Interested �® BUILDING SOLUTIONS 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 EMPLOYER SPONSORED AFFORDABLE HOUSING Average Income of Employees Targeted for Housing Assistance. Identify approximate percentages if more than one category. Below$15,000 $15,001-$25,000 $25,001-$35,000 $35,001-$45,000 Above $45,000 Number of Housing Units Desired for Employees: Unit Type Desired(circle all that apply and offer% of total units): Percentage Lodge Studio One Bedroom Two Bedroom Ownership Structure Desired for Employees: Rental Rent-to-Own Own Sponsoring employers will have the opportunity to help shape the policies, procedures and management of the project. Please respond to the following statements: We would rather have a lower downpayment amount and have to subsidize the monthly rent than to have to invest a larger downpayment. Yes No Should we restrict seasonal use of the project? Yes No If yes, what should be the maximum percentage of the units to be rented seasonally? It is important to maintain the affordability of the housing over the long term. The `appreciation' on the property will be capped at the lower of 3% or CPI. If an employer wishes to sell the unit, should employer-investors be given the first right to buy the unit? Yes No Should we set a maximum number of units that any single employer can buy in order to maintain a diversity of employees/employers in the project? Yes _ No Please return the completed Employer Profile Sheet to: Carbondale Affordable Housing Corporation P.O. Box 2001 Carbondale, CO 81623 fit BUILDING SOLUTIONS 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 EMPLOYER SPONSORED AFFORDABLE HOUSING The Employers'Benefit... Employers have an opportunity to become involved with this project in the early stages, shaping the structure of the development to fit your needs. The benefits of involvement in this project accrue from a variety of sources: decreased absenteeism, lower turnover(including costs of rehiring and retraining), decreased transportation subsidies, improved work performance due to less stressful commute, and availability of employees for rush projects or emergency response. These benefits have been quantified by some local employers in the range of$2,000-$6,000 per year. As a result, in addition to the investment return in the physical housing product, there are less tangible benefits which should also be taken into account. The following chart offers one analysis of the internal rate of return for employers including the full financial impact generated through this housing investment. Employer IRRs at Different Levels of Equity Contribution 25% . 20% - E C 15% '. .•. —–30%Equity * G .rf ---40%Equity •� —50%Equity 10% r m -� -- 60%Equity E � m .r 5% 0% 1,000 2,000 3,000 4,000 5,000 6,000 Annual Benefit of Employee Housing Assumptions: Share of Appreciation 100%Assumes that appreciation is shared based on pro rata share of downpayment Unit Cost $ 130,000 Downpayment 50% (Assumes that Rent=APHA Affordable Rents) Annual Appreciation 2.0%Assumes that CPI is less than Appreciation Cap Employer Benefit $ 3,000 Savings associated with stable housing closer to work(reduced turnover,sickdays,tardiness,better quality (less distracted)employbes,elimination of transportation subsidy,etc) 1998 2044 20,111 2402 2441 2004 2445 2006 240Z 240 2092 Investment(Equity) $ 65,000 Annual Appreciation 2,600 2,652 2,705 2,759 2,814 2,671 2,928 2,987 3,046 3,107 Cummulative Appreciation 2,600 5,252 7,957 10,716 13,531 16,401 19,329 22,316 25,362 28,469 Employer Return at Sale 4.00% 8.08% 12.24% 16.49% 20.82% 25.23% 29.74% 34.33% 39.02% 43.80% Employer IRR 4.00% 3.96% 3.92% 3.89% 3.85% 3.82% 3.79% 3.76% 3.73% Annual Employer Benefit 3,000 3,120 3,245 3,375 3,510 3,650 3,796 3,948 4,106 4,270 Cum.App+Employer Benefit 5,600 8,372 11,202 14,091 17,040 20,051 23,125 26,264 29,468 32,739 Employer Return at Sale 8.62% 12.88% 17.23% 21.88% 28.22% 30.85% 35.58% 40.41% 45.33% 50.37% Employer IRR 8.62% 8.58% 8.54% 8.51% 8.46% 8.46% 8.43% 8.41% 8.39% a BUILDING SOLUTIONS C A R B O N D A L A F F O R D A B L E H O U S M G C O R P O R A T I O N a community development corporation serving the roaring fork valley EMPLOYER SPONSORED AFFORDABLE HOUSING Frequently Asked Questions: Can I put a newly hired employee in the unit? Yes. This housing will not be a part of the lottery system, nor will it require a four year residency for eligibility. What happens if an employee leaves the company? When an employee leaves a sponsoring employer who is providing housing, it is important to the employees and employers that any termination be handled fairly and in a manner which is fully understood before the employee accepts the housing. It is important to the Housing Office that the employee be treated fairly, while minimizing or discouraging unfair "gaming" of the system which might penalize an employer who helped obtain housing, versus an employer who would not provide housing. In general, the proposed policy would include a lease which establishes the unique character of the employer-employee relationship within the guidelines established for the project. The cancellation of the lease and required notification period can follow a sliding scale depending upon the term of employment, from two weeks' notice for employees who work less than one month up to 90 days for employees who leave within 90 days. If a permanent employee leaves after 90 days, the employee may complete the lease term, but the employer may require an additional deposit up to two months rent and may raise the monthly rent by an amount equal to half of the difference between the contract rent and a guideline `market rate rent' in order to defray part of the subsidy required to maintain the unit. What if I want to sell my share of the housing? If an employer wishes to sell the unit, the unit will be made available to the waiting list of employers (preference will be given to sponsoring employers). Will there be any limit to the number of shares/units I can purchase? Due to the constraints on the number of units available in this first development, it may be necessary to limit the number of shares/units any one employer can purchase. Interested employers will be invited to help determine the appropriate policy, and it will be largely dependent on the level of interest among area employers. We may set a limit of 5-7 units per employer. Can the housing be used for seasonal employees? This will be determined by the sponsoring employers. Employers may wish to set a policy to limit the percentage of seasonal employees allowed. In the interest of creating a real community within the housing and maintaining rental revenue throughout the year, such a limit may be beneficial. Will there be a limit on the appreciation of my share? It is important to maintain the affordability of the housing over the long term. The property will be deed restricted, and the `appreciation' of the property will be capped at the lower of 3% or CPI, according to the Aspen/Pitkin Housing Authority's affordability guidelines. This cap will allow for future affordability to employers who may wish to buy in at a later date and continued affordability for employees. Will my participation in this housing model be eligible for use as mitigation? No, you will still be responsible for fulfilling your mitigation requirements through other means. P® ® BUILDING SOLUTIONS ULLR LODGE An Employer Sponsored Housing Project Discussion of Proposed Employer Housing Covenants August 17, 1999 Objectives: • To create a housing model for multi-employer sponsorship which can be used as a model for future projects. To insure long-term affordability To offer employers the opportunity to create/retain housing which can be used for dedicated housing needs while still working within the framework of the community-wide affordable housing objectives To insure that the Employer Sponsored Housing Project is viewed as fair to individual employees Covent Discussion: Covenant Title Proposed Covenent Comments Employee Status The employer of the resident Units may be leased if necessary must confirm the employee's to employees of other employers status and agree to lease terms (eg., if sponsoring employer does and conditions. not have an eligible employee), but all covenants must be abided by and status confirmed. Maximum Income The maximum household income Income Limits per unit will conform with the 0 Dependents-$ 67,750 maximum income allowed under 1 Dependent - 73,250 Category 3 housing of the Aspen 2 Dependents - 80,750 Pitkin County Housing Authority 3 Dependents - 88,250 Maximum Rent Employers will agree to charge a An employer may charge less maximum of 40%of a than the Contract Rent or household's income in rent. Maximum Rent,however,the employer must pay the difference between the"contract rent"and the"employee rent" to the Ullr Lodge. Maximum Number of Employers will establish a The units are small. The Occupants maximum number of Occupants maximum number of residents per unit, such as: per unit is not meant as a goal but rather as an accommodation of Lodge Room: 1 differing family sizes. Employers Studio: 2 are encouraged to have units One Bedroom: 3 occupied by related individuals Two Bedroom: 4 (with the possible exception of the 2 bedroom). Living Agreement Units will be maintained in a Inspections may be made by Ullr manner which is consistent with management. Employers will be the health and safety of the asked to intervene if corrective resident and their neighbors. actions required are not taken. Behavior and conduct will be governed by a resident council and management. Maximum Seasonal Leases A maximum of 50%of the Ullr The objective is to insure that a Lodge will be leased on terms of sense of stability is maintained in less than 12 months. the Ullr Lodge. Employers may exchange the right to rent seasonally if necessary. It is expected that the Lodge Rooms will initially be designated for seasonal use. Early Lease Termination Leases may be terminated upon It is hoped that this termination departure from employment,but will discourage"gaming"of the only with notice equivalent to the employer and yet also provide the number of days worked(or in the employee with adequate time and unit)up to 90 days. Thereafter, consideration should employment the employee may complete the be terminated. lease term,but the rent may revert to the Employer's Contract Rate and an additional deposit of up to two months rent may be required. Maximum Units per Employer It is anticipated that Employers This will maintain the diversity of will be able to have a maximum tenants and employers. of 5 units. Right of First Refusal In the event that an Employer This clause can help maintain a wishes to sell their ownership stability of decision-making and interest in the Ullr Lodge,other governance among the employer- employer shareholders will be investors. given the Right of First Refusal prior to offering it to other non- sponsoring employers. Appreciation Cap Maximum appreciation of selling This cap will help insure long- interests will be limited to the term affordability of the Ullr lesser of the Consumer Price Lodge. Employer`returns' will Index(used by the Housing be supplemented by operating • Office)and 3 %per annum. expense savings associated less (N.B.There is no guaranteed turn-over, lower transportation minimum price.) subsidies and better operating efficiencies. ULLR LODGE An Employer Sponsored Housing Project Discussion of Reservation Process August 17, 1999 jectives: To make available to a broad range of employers the opportunity to become sponsors of the Ullr Lodge Housing Project through the Carbondale Affordable Housing Corporation(CAHC) > To obtain the necessary pre-development funding in order to keep the building and real estate under contract while City -- approvals, financing approvals and final feasibility are evaluated and committed. > Given the small number of apartments available,to create a selection process that is fair to all employers,but which -- - recognizes the need to balance employers, seasonal needs (if any),unit sizes, and other considerations which either CAHC or the employers believe are important. Process Under Consideration(tentative-all dates and times are subject to change): F r:;.- _ � Comment Before Employer Profile Employers who wish to be invited to reserve units must fill out a Profile Sheet - - September 1, Sheet which can be obtained from the Aspen Housing Office or CAHC 1999 September 3, Invitation Letter CAHC will extend an Invitation to employers who have filled out the Employer 1999 Mailed Profile Sheet and indicated being"Very Interested"or"Somewhat Interested" in units. The Invitation will include a final Reservation Agreement(draft available from the Aspen Pitkin County Housing Authority or CAHC)and other information regarding the project, as available at that time. - - - _ -- September 9, Open House The Invitation will include a date for an Open House when employers may visir.the 1999 Noon-4 PM Ullr Lodge during the time prior to acceptance of Reservation Subscriptions. September 17, Response Date The Invitation will indicate a Response Date of 2 weeks from the Invitation Date, at 1999 which time employers who have returned the Reservation Agreement with the required Reservation Subscription check will be noted,evaluated and assigned units. Any reservations received after this date will be considered on a first come-first serve basis to the extent that any units remain unassigned. September 30, Acceptance Date Reservation Subscriptions which have been accepted by CAHC will be deposited in 1999 a segregated account at Norwest to be held in escrow until on or about September 30, 1999.-Monies accepted are fully at risk as a non-recourse pre-develcpment loan to CAHC for the purpose of pre-development expenditures(refer to Reservation Agreement). Reservation Subscriptions which have not been accepted ,'ill be returned and employer names will be entered onto a Waiting List in the event an Accepted Employer chooses to take fewer units than reserved. October 14, Repayment Date On or before this date funds previously extended to CAHC to sponsor the Ullr 1999 Lodge project will be repaid to the Aspen Pitkin County Housing Authority with the Reservation Subscriptions on deposit. The remaining fluids will be reserved for finishing Pre-Development work, including but not limited to,non-refundable earnest money deposit, architectural fees, engineering fees, development consulting fees, financing fees,and other necessary and prudent expenditures prior to the final call for equity and the closing of Construction and Permanent Financing. On or before Closing Employer Sponsors will be expected to fund the full amount of "Downpayment" March 31, necessary for the Closing of a Construction Loan to convert the Ullr Lodge to the 2000 Ullr Lodge-an employer sponsored housing project. April and May Construction It is possible that some units may be rented prior to the completion of the 2000 Phase Construction Phase June 2000 or Move-In Expected Completion of Move In and Turnover to Employer Sponsored . Before Management N.B. This is a preliminary estimate of dates and process. All dates are subject to change. The final process will be detailed in the Invitation Letter and in subsequent communications with employers whose Reservation Subscriptions are accepted. ULLR LODGE An Employer Sponsored Housing Project Discussion of Reservation Process August 17, 1999 ;iectives• To make available to a broad range of employers the opportunity to become sponsors of the UlIr Lodge Housing Project through the Carbondale Affordable Housing Corporation(CAHC) > To obtain the necessary pre-development funding in order to keep the building and real estate under contract while City approvals,financing approvals and final feasibility are evaluated and committed. - -- _.--- > Given the small number of apartments available,to create a selection process that is fair to all employers, but which recognizes the need to balance employers,seasonal needs(if any),unit sizes, and other considerations which either CAHC or the employers believe are important. Process Under Consideration (tentative—all dates and times are subject to change): Date _' ' `:'Event k, 1 , Comment Before Employer Profile Employers who wish to be invited to reserve units must fill out a Profile Sheet September 1, Sheet which can be obtained from the Aspen Housing Office or CAHC 1999 September 3, Invitation Letter CAHC will extend an Invitation to employers who have filled out the Employer 1999 Mailed Profile Sheet and indicated being"Very Interested"or"Somewhat Interested"in units. The Invitation will include a final Reservation Agreement(draft available from the Aspen Pitkin County Housing Authority or CAHC) and other information regarding the project,as available at that time. -------- — September 9, Open House The Invitation will include a date for an Open House when employers may visit the 1999 Noon—4 PM Ullr Lodge during the time prior to acceptance of Reservation Subscriptions. September 17, Response Date The Invitation will indicate a Response Date of 2-weeks from-the Invitation-Date,ar--— 1999 which time employers who have returned the Reservation Agreement with the required Reservation Subscription check will be noted, evaluated and assigned units. Any reservations received after this date will be considered on a first come-first serve basis to the extent that any units remain unassigned. September 30, Acceptance Date Reservation Subscriptions which have been accepted by CAHC will-be-depositedin------ 1999 a segregated account at Norwest to be held in escrow until on or about September 30, 1999. Monies accepted are fully at risk as a non-recourse pre-development loan to CAHC for the purpose of pre-development expenditures(refer to Reservation Agreement). Reservation Subscriptions which have not been accepted will be returned and employer names will be entered onto a Waiting List in the event an Accepted Employer chooses to take fewer units than reserved. October 14, Repayment Date On or before this date funds previously extended to CAHC to sponsor the Ullr 1999 Lodge project will be repaid to the Aspen Pitkin County Housing Authority with the Reservation Subscriptions on deposit. The remaining funds will be reserved for finishing Pre-Development work, including but not limited to,non-refundable earnest money deposit,architectural fees,engineering fees,development consulting — - fees, financing fees,and other necessary and prudent expenditures prior to the final call for equity and the closing of Construction and Permanent Financing. On or before Closing Employer Sponsors will be expected to fund the full amount of "Downpayment" March 31, necessary for the Closing of a Construction Loan to convert the Ullr Lodge to the 2000 Ullr Lodge—an employer sponsored housing project. - — April and May Construction It is possible that some units may be rented prior to the completion of the 2000 Phase Construction Phase June 2000 or Move-In Expected Completion of Move In and Turnover to Employer Sponsored Before Management N.B. This is a preliminary estimate of dates and process. All dates are subject to change. The final process will be detailed in the Invitation Letter and in subsequent communications with employers whose Reservation Subscriptions are accepted. DRAFT ULLR LODGE CONVERSION RESERVATION AGREEMENT This Reservation Agreement is made and entered into this_day of 1999, by and between the Carbondale Affordable Housing Corporation, a Colorado non-profit corporation ("Seller") and ("Buyer). RECITALS: A. Seller is a non-profit developer involved in the Conversion of the real property, including all appurtenant improvements, legally described as Lots K, L, M, N and the west one-half of Lot 0, Block 30, City and Townsite of Aspen, County of Pitkin, State of Colorado (referred to herein as the "Ullr Lodge Conversion"). B. Seller has entered into a contract dated July 15, 1999,to purchase Ullr Lodge, which contract shall close on or before March 31, 2000. The decision to close will be based upon Seller's evaluation of the financial and physical feasibility of the conversion of the property to an employer- sponsored housing project. C. Seller anticipates converting the 26 units which now exist on the property to 29 employer-sponsored housing units (the "Conversion Process"), each of which shall be referred to herein as a"Unit." The Units, the real property described in Recital A, and all other improvements located thereon shall be referred to in this Agreement as the"Project". D. Seller intends that each Unit shall be occupied by at least one individual who is employed by Buyer, who shall meet the employer guidelines established by Seller for this Project. Limitations on the occupancy of each Unit shall be governed by a master Deed Restriction and other documents to be established by Seller (the "Project Documents") during the construction of the Project. Annual appreciation in the monetary value of each unit shall be limited by the Project Documents to the lesser of the"all city consumer price index" and 3%. E. Buyer wishes to reserve one or more Units pursuant to the terms of this Reservation Agreement, for the sole.purpose of providing housing to one or more of its employees. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Reservation Agreement. A description of the Unit(s) available to be purchased by Buyer, is found in the table in Section 2, below. Buyer and Seller agree that Buyer has reserved the right, but does not have the obligation, to enter into a Contract for the purchase and sale of Units in the Project, as follows: Number --- Will These Units Be Used — Reserved Year Round or Seasonally? Number of Lodge Rooms (10 available) Number of Studios (only 1 available) Number of 1 Bedrooms (6 available) Number of 2 Bedrooms (9+ available) _ Note: Check here El if you are interested in other types of Units if Seller cannot accommodate the request made above. Enter the alternative type of Unit here: (Based upon preliminary information received from persons interested in the Units, demand for the one and two bedroom Units is higher than that for the Studios or Lodge Rooms.) Buyer's purchase of the Unit(s) described above shall be upon terms and conditions to be set forth in a standard form purchase contract to be provided by Seller, including any addenda required by the Colorado Real Estate Commission or by the parties (to be referred herein as the "Purchase Contract"). 2. Reservation Deposit. Simultaneously with the execution of this Reservation Agreement, Buyer has tendered to Seller a non-refundable deposit in the amount of$ (the"Reservation Deposit")to be used by Seller for pre-development purposes(including without limitation earnest money deposits, architectural fees,legal costs,financing commitment fees and all other such costs approved by Seller's board of directors) and development expenses incurred, or to be incurred, by Seller in establishment of the Project. Unless this Reservation Agreement is terminated because the Project becomes impracticable, as provided in Section 4(a),below, the Reservation Deposit will be credited towards the earnest money deposit required in the Purchase Contract(s). In the event Buyer closes on fewer Units than reserved under this Agreement,the remaining Reservation Deposit shall be credited against the purchase price of the last Unit closed on by Buyer. ALL MONEYS PROVIDED TO SELLER SHALL BE NON-REFUNDABLE AND FULLY AT RISK. THE RESERVATION DEPOSIT SHALL BE USED BY SELLER TO COVER PRE- DEVELOPMENT EXPENSES. IN THE EVENT DEVELOPMENT OF THE PROJECT IS TERMINATED AT THE DISCRETION OF THE SELLER, AS PROVIDED IN SECTION 4(a), BELOW, SELLER SHALL(IF POSSIBLE)PAY ALL REMAINING EXPENSES RELATED TO THE PROJECT AND THEREAFTER REFUND TO BUYER ITS PRO RATA SHARE OF THE - 2 - FUNDS RECEIVED BY SELLER FOR THE PROJECT, IF SUCH FUNDS ARE AVAILABLE TO SELLER. SUCH REFUND SHALL BE ENTIRELY AT THE DISCRETION OF SELLER. The amount of the Reservation Deposit required for each available Unit is as follows: Approximate Square Sales Equity Required Reservation Unit Type Footage Price At Closing Funding Lodge Room (studio 200 $70,000 $30,000 $6,000 w/bath& micro- fridge Studio (includes 370 $125,000 $55,000 $10,000 small kitchen and Bath) 1 Bedroom/1 Bath 395 $135,000 $60,000 $12,000 2 Bedroom/1 Bath 570 $195,000 $90,000 $18,000 Note: The sales price and equity required are subject to change based upon final pricing and market conditions for financing. (There is a single 1,800 square foot,three-bedroom Unit which may be sold, rented, or reconfigured into smaller Units which will alter the potential size and mix of Units available. Currently it is anticipated that the Unit will be divided into three two-bedroom/one bath Units.) 3. Seller to Use Best Efforts. Seller shall use its best efforts to develop the Project as an affordable housing project in a manner consistent with the preliminary plan attached hereto as Exhibit A(the"Preliminary Plan"), and within the preliminary budget attached to this Agreement as Exhibit B (the "Preliminary Budget"). 4. Termination of Reservation Agreement. (a) At any time prior to the funding of an acquisition and construction loan sufficient to fund the acquisition and complete construction of the Project, Seller may terminate this Reservation Agreement, upon delivery of written notice of termination to Seller, if it becomes apparent to Seller, in its sole and absolute determination, that development of the Project substantially as set forth in the Preliminary Plan cannot practicably be completed within the constraints of the Preliminary Budget. (b) Following funding of the construction loan described in subsection(a),above, a complete package of documents relating to the Unit,including the Purchase Contract,floor - 3 - • plans and Project Documents will be delivered to Buyer by Seller via certified mail, return receipt requested. In the event that the Buyer wishes to purchase the Unit(s)reserved herein, Buyer must return the fully executed Purchase Contract to Seller within five(5)business days after Buyer's receipt thereof. Unless Seller shall have received a fully executed Purchase Contract on or before such date, this Reservation Agreement shall automatically terminate, expire and be of no further force or effect. (c) In the event of any termination ofthis Reservation Agreement,the Reservation Deposit, plus any interest accrued thereon, shall be forfeited by Buyer, except that any moneys received by Seller pursuant to any Reservation Agreement still remaining after payment of all pre- development and development expenses related to the Project shall be distributed to the several prospective buyers under the Reservation Agreements, pro rata based on the amount paid by each such buyer. In event of any termination ofthis Reservation Agreement,the Reservation Deposit shall be treated as a non-recourse, non-interest bearing loan to Seller, to be used exclusively for pre- development and development expenses of Seller in establishing the Project. 5. Reservation Not an Agreement to Purchase. The parties acknowledge and agree that this Reservation Agreement does not constitute an obligation on the part ofBuyer to acquire any Unit within the Project. 6. Absolute Right to Modify Project. Buyer acknowledges that Seller has the absolute right, in Seller's sole and absolute discretion, to modify any aspect of the Project (including without limitation its design, the number of units, mix of building types, materials to be used, and orientation of individual Units) or the Project Documents as necessary or advisable to bring the Project as an employee housing project to fruition. 7. Purchase Contract. The standard form Purchase Contract to be provided to Buyer pursuant to paragraph 2, above, shall include the following terms and conditions: (a) An acknowledgment that the Reservation Deposit shall constitute earnest money and part payment for the purchase of the Unit pursuant to the Purchase Contract. (b) Title Documents, including the Project, will be delivered to Buyer along with the Purchase Contract. Buyer shall have ten (10) days after execution of the Purchase Contract to review the title documents and shall have the right to terminate the Contract if title to the Unit(s) is unacceptable. • (c) The Purchase Contract shall provide for a closing on any Unit within ten(10) days after Seller's receipt of a certificate of completion of the Unit. 8. Project Documents. The parties acknowledge and agree that the use, occupancy, rental and resale of all Units within the Project shall be subject to restrictions, rules, regulations and - 4 - policies to be set forth in the Project Documents, and such other instruments or documents as may be adopted in order to carry out the intent of the Seller in establish an employee housing project. 9. Preliminary Information. Buyer may receive various documents and information regarding Ullr Village. All such documents, including land use applications, declarations, and descriptions of the employee housing program are preliminary in nature. Modifications to such documents and maps may be made between the date of this Reservation Agreement and final organization of the Ullr Lodge. Accordingly, no such preliminary information shall be relied upon by the Buyer. THE ONLY INFORMATION WHICH BUYER SHOULD RELY UPON IS THAT WHICH IS PROVIDED TO BUYER FOLLOWING FINAL APPROVAL OF THE PROJECT BY THE CITY OF ASPEN AND IN CONNECTION WITH TITLE REVIEW. 10. Financial Ability. Upon request of Seller, Buyer shall provide reasonable financial information sufficient to demonstrate Buyer's financial ability to complete the purchase of the Unit and/or to participate in any financing secured or to be secured by Seller. If Buyer fails to timely provide such financial information or if Seller determines, in its discretion, that Buyer does not have the financial ability to complete the purchase of the Units) or to assist in securing financing for the Project, Seller may, at its option, terminate this Reservation Agreement and return the Reservation Deposit to Buyer. Seller's right of cancellation under this provision shall terminate at the time permanent financing is secured for the Project. 11. Assignment/Recording. This Reservation Agreement may not be assigned or recorded without the express written consent of Seller, which may be withheld for any reason. 12. Buyer Representations and Warranties. Buyer hereby represents and warrants to,and agrees with Seller, as follows: (a) The Unit is being purchased for housing of Buyer's employees, and not for speculation or as an investment in which appreciation of value is anticipated. (b) Seller has made available to Buyer all documents and information that Buyer has requested relating to potential purchase of a Unit. (c) Buyer recognizes that Seller is a non-profit organization whose purpose is to provide affordable housing opportunities to individuals working in the Roaring Fork Valley, that Seller has little financial or operating history and that purchase of a Unit involves substantial risks, and Buyer has taken full cognizance of and understands all of the risk factors related to the purchase of Unit,including,but not limited to,the total loss of any moneys paid to Seller (including the Reservation Deposit) caused by Seller's inability to secure development financing,requisite governmental approvals or any other factor necessary for the successful development of the Project. - 5 - (e) Buyer has carefully considered and has, to the extent Buyer believes such discussion necessary,discussed with Buyer's professional legal, tax and financial advisers the suitability of the purchase of Unit(s)for the Buyer's particular tax and financial situation and Buyer has determined that the Unit is a suitable purchase for the Buyer. (f) The foregoing representations and warranties are true and accurate as of the date hereof and shall survive any further agreements reached by the parties regarding the purchase and sale of any Unit(s),unless specifically excluded by the terms of such agreement. If such representations and warranties shall not be true and accurate in any respect, Buyer will, prior to acceptance of this Agreement, given written notice of such fact to Seller specifying which representations and warranties are not true and accurate and the reasons therefor. (g) Buyer shall indemnify and hold harmless Seller and any of its officers, employees, agents and directors who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of or arising from any actual or alleged misrepresentation or misstatement of facts or omission to represent or state facts made by Buyer to Seller concerning Buyer or Buyer's financial position in connection with the offering or sale of any Unit which is not remedied by timely notice to Seller as provided above, against losses, liabilities and expenses for which Seller or any of its officers, employees, agents and directors of any such entity have not otherwise been reimbursed (including attorneys' fees, judgments, fines and amounts paid in settlement)as actually and reasonably incurred by such person or entity in connection with such action, suit, or proceeding. 13. Miscellaneous Provisions. (a) All pronouns and any variations thereof used herein shall be deemed to refer to the masculine, feminine, singular, or plural as the identity of the person or persons may require. (b) Neither this Reservation Agreement nor any provisions hereof shall be waived, modified, changed, discharged, terminated, revoked, or canceled except by an instrument in writing signed by the party against whom any change, discharge, or termination is sought. • (c) Notices required or permitted to be given hereunder shall be in writing and shall be deemed to be sufficiently given when personally delivered or sent by registered mail, • return receipt requested, addressed to the other party at the address of such party set forth in the Agreement, as amended from time to time, or to such other address furnished by notice given in accordance with this Section 13(c). (d) This Reservation Agreement shall be enforced, governed and construed in all respects in accordance with the laws of the State of Colorado and shall be binding upon - 6 - Buyer, Buyer's heirs, estate, legal representatives, successors and assigns and shall inure to the benefit of Seller and its successors and assigns. (e) In the event that any provision of this Reservation Agreement is invalid or unenforceable under any applicable statute or rule oflaw,then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any provision hereof which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision hereof. (f) This Reservation Agreement and the Memorandum constitute the entire agreement among the parties hereto with respect to the subject matter hereof and supersede any and all prior or contemporaneous representations, warranties, agreements and understandings in connection therewith. This agreement may be amended only by a writing executed by all parties hereto. • (g) Title to the Unit shall be taken as follows: IN WITNESS WHEREOF, the parties have set their hand to this Agreement the date first above written. Buyer: BY: Name: Date Title: SELLER: CARBONDALE AFFORDABLE HOUSING CORPORATION By: J. M. Schoeberlein Date Chairman and President G:\Client\Cafiwdale Aft Housing Corp\Reservation Agreement for UOr Lodge- $3 - 7 December 17, 1999 • • Katherine Updike • • Building Solutions • 8300 County Road#3 Marble, CO 81623 ASPEN • PITKIN COMMUNITY DEVELOPMENT DEPARTMENT • Re: Ullr Lodge Affordable Housing Project • 520 West Main Street Dear Katherine: The applicability provisions of the City's Planned Unit Development code were recently amended pursuant to Ordinance No. 52, Series of 1999. The Community Development Director may now allow a property of any size to apply under the Planned Unit Development provisions of the Land Use Code if, prior to application, it is determined the development of the property may have the ability to further the goals of the Aspen Area Community Plan and that the review process of the Planned Unit Development regulations will best serve the interests of the community. • After reviewing your preliminary plans for affordable housing on this site and with respect to the language of this code amendment, I believe your project is suitable to be reviewed as a Planned Unit Development. I look forward to your application. Please contact a planner in my department if you have any questions about the review procedures, etc. 920.5090. • Sincerely, •pvi--6/71)-6_ • Julie Ann Woods, AICP Community Development Director • City of Aspen 130 SOUTH GALENA STREET • ASPEN,COLORADO 81611-1975 - PHONE 970.920.5090 • FAX 970.920.5439 Printed on Recycled Paper Ullr Parking Proposal Existing Conditions: 27 units(including 1900 sf 3 BR unit which is often rented to 3 individual rents) 19 parking spaces Proposal: 30 Units(no increase in FAR) 19 spaces rented at$125/month on a First Come-First Serve Basis among Employer/HomeOwners (Benedict Commons is renting at$150/month for indoor parking—minimum 3 month initial lease) Employer/HomeOwners who do not receive parking must: i) Provide Parking off-site on Company property or at alternative location OR ii) Prohibit tenant/employee by lease to forego personal car in Aspen DEC. 7.1999 10:54AM BILL POSS & ASSOC NO.210 P.2'3 . * bi it MEETING ULLR Lodge Oct. 12, 1999 PROJECT DATE NOTES 4 o JOB NO. TIME PARTICIPANTS: ULLR Lodge 805 EAST MAIN STREET 1 Katie Updike I C'dale Aff. Housing '.cut I LOCATION A@PlN,COLOAADO 81811 1 i 1 TELEP1pNE 270/9254756 • Richard de Campo Bill Poss&Assoc. : UPA PACSmrur 970/920-2950 t Les Rosenstein Bill Poss&Assoc. NA Tony Percival ULLR I-odge u Stephen Kanipe CommunitzDevel. 1 co i Orrip Moon i Fire Department i tm ITEM DESCRIPTION i STATUS I Reap,PARTY I DEADLINE i i t t 1 Crawlspaces.Steve Indicated they could be considered 1 conditioned space,and should have a space heater to prevent pipe freezing.Access door needs to be replaced with one rated at 20- minutes. + Smoke Detectors.Although Steve feels that battery-operated t + o might , m - red for n liabines li ty.Orrin be wouOKld he rowould stngly recom re commend end a"smart they be hard systewi "fire b \11116 0 m alarm. Stair to Lodge Units.Although this stair should have a 1-HR fire 3. rating, Steve felt that a smoke alarm system might compensate for the lack of a 1-HR rating. Bedroom Windows.Steve said-He-would allow windows with 48" 1 high sills and a minimum 20"x 30"opening to remain. e Furthermore, in the two lower level lodge units' (#1 &2),where the sills are 57"above the floor,Steve would probably allow some sort of step or bench to facilitate egress at the existing windows. However, in areas where sills were substantially higher(such as the maid's room)a light well and 44"high sills would need to be installed, providing 10% natural light per current code. Corridor Width.The corridors that were slightly less than 36"wide 5 would be allowed to remain. However, he felt that one handrail should be eliminated on the stair to the maid's room to allow for increased width, Lodge Room Area and Separate Sink.The lodge rooms" (i.e. the motel-type rooms around common stair)could be converted to 0 efficiency units even though they are slightly smaller than the minimum 220 sf. Steve felt they should be restricted to single- occupancy units. Since there will be an additional cooking area downstairs for these units, Steve thought they could use the bathroom sink in lieu of having a separate kitchen sink. Roof Assembly. Steve inquired about the roof construction and 7. insulation. Owner Tony Percival said it was a"double roof with Insulation and a vented airspace.Steve said that was OK as is. DEC. 7.1999 10:54AM BILL FOSS & ASSOC NO.210 P.3/3 e MEETING ULLR Lodge Oct. 12, 1999 PROJECT DATE NOTES 9927.00 4om JOB NO. TIME PARTICIPANTS: ULLR Labe Katie Updike I C'dale Aff. Housing I CMC i LOCATION Y 1 1 1 Richard de Campo Bill Poss&Assoc. 4 "Pa i « Les Rosenstein • Bill Poss&Assoc. 4 ,P. i Tony Percival i ULLR Lodge u 1 Stephen Kantpe 4 Community Devel. 4 CD i I Orrin Moon *,Fire Department I m r I Stairs. Although treads and risers were uneven and didn't always i meet code, Steve acknowledged that there wasn't a good way to fix these short of rebuilding the stairs,which was unreasonable,so the steps can remain, including winders which don't meet the minimum 6"tread. However, proper guardrails and handrails would tir1. need to be added where lacking,and Steve thought that such added safety features could compensate for rise&run inconsistencies. Although the guardrail at the second floor units should be 42"high per current Code,Steve said the existing one at 38"high could remain.Since the courtyard stair up to the second floor units has columns interrupting the guardrails, Steve wanted to make sure that the new handrails would be continuous past these obstructions. Headroom clearances:a)at maid's room,take out approximately 16"of walkway to provide proper clearance; b) at upper flight of internal stairs to lodge rooms, reconfigure bottom of closet over stair;c)if stair to housekeepingAaundry is just for a convenience interconnect and not as a primary means of circulation, It could remain. Surface mounted romex wiring. In at least one of the units(#20), 9. there was surface-mounted romex wiring,which Steve said must be enclosed in conduit or surface-applied casing. ♦ Conversion of 3-BR unit. If this unit was substantially gutted and 10 d remodeled,the new work would have to be done per current code. « 4 • Y ♦ •. L f 1 1 Y A • 1 i f f L f . IF THIS IS NOT YOUR UNDERSTANDING OF WHAT TRANSPIRED,PLEASE CONTACT BILL POSS AND ASSOCIATES INN¢DIATELY. PREPARED BY; Rkha,d L de Campo AIA P E PAGE 2 OF 2 zwm pdNPrittWeYP2Y.aq_uuRmolonessedngd U\lar (fiAtie. Att .;01m c.,) 30 - Z- '17(A `\Sokoic } -)k^/F mac, Cwt Woo. � , -A4 Mint o 4-t( ftl/. trN{w r41-1 - CkS1( i✓ wot 4istr). Afkeffotg. C� LbOry ?O. Csô kd . kteevvb4 0\1\r WK . IP . WWI ; `YW \, JJ s 2a • dliyv - < -usc �( I1giCt Wifr• n '12-auk 'k . n el eA n 1110Es aloe\- • con'- 140A. k (iv ut 1 w./s( 'is. COAkkottoC �hti� S12� 00_-_ 51-4) ` itHAv vs fps W l)k. Let. &-€o.- G� coca ga(v:tvvQd G' AI s Slnwula Ott ov6vvvsL'p ( tie{" (114c5;- . 4aars po (ate 1 I ,-FB`l� on C.;k, wrI cA�� 1n. Sh (�I �J ;\IC1 0.55 l�GtV�1167L1 c SVACtY� 'OA • -{-kYv. (,v,Loikk ! % v L uu, vL ( ci , Utk Lint? w ?k I 1- Lip`-es -6 At\-- I ►, no — ally I ,[r ,cc --> (Alf SphaNittl;--- aima NRn,J calk_ . (?? vim.;}-,?> -5 v x; 41/C- - 0 41,1) c� t 4`€) or Katie Updike, 03:31 PM 4/5/0 ' '1600, Re: Fwd: Ullr Page 1 of 2 X-Sender: kupdike @rof.net X-Mailer: Windows Eudora Pro Version 3.0 (32) Date: Wed, 05 Apr 2000 15:31:39 -0600 To: Nick Lelack <nickl @ci.aspen.co.us> From: Katie Updike <kupdike @rof.net> Subject: Re: Fwd: Ullr Nick/ Julie Ann- I'm flying today and mostly out of the office, but hopefully this will start you, Julie Ann. Please feel free to call with any other questions that might fill in the cracks of where you want to take the discussion. Employer Sponsors: Alpine Bank, Design Workshop, Gant, Aspen Group, Bill Poss & Associats, Aspen Square, Hotel Lenado, Aspen Sports, Frias, and Cybercare. 27 units priced between $65,000 (smallest lodge unit) to an estimated $260,000 (largest 2 bedroom). All the units are Category 3 except the 2 bedrooms which are Category 4. Employers have agreed to deed restrict for appreciation caps and income/asset restrictions. All of the units have been reserved and none are expected to be available outside the core group unless there are some changes in circumstances among the group. We'd like to think about doing another similar project - maybe even consider new construction. Employers started out with a certain degree of distrust that the process could work for them. The over-all outcome has been reassuring. A number of issues have been worked out with the Housing Authority and Employers. Please let us know if you think that there is interest in pursuing another venture. The Housing Authority seems interested. Call if you need more flavor. Katie Updike 963-9511 At 08:42 PM 4/4/00 -0500, you wrote: >Hi Katie, >Our Director just asked me to provide her with some information on the >Ullr. I can provide some of the nuts and bolts, but any details you can >provide will be extremely helpful. >Thanks. >>X-Sender: juliew @comdev >>X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 >>Date: Tue, 04 Apr 2000 17:03:48 -0600 >>To: Nickl @ci.aspen.co.us >>From: Julie Ann Woods <juliew @ci.aspen.co.us> >>Subject: Ullr >>Can you please give me a summary of who the business owners of the Ullr >>might be, and info on the units re: # units, categories, prices, >>availability, etc. I agreed to add this to our Housing project we're doing Printed for Nick Lelack <nickl @ci.aspen.co.us> 5/10/00 Katie Updike, 03:31 PM 4/5/0" 0600, Re: Fwd: Ul1r Page 2 of 2 >>through Leadership aspen. Anything you could get me would be >>helpful. thanks. JA. >Nick Lelack >Planner, City of Aspen >(970) 920-5095 Printed for Nick Lelack <nickl @ci.aspen.co.us> 5/10/00 Katie Updike, 01:33 PM 5/2/0' 1600, Ullr Page 1 of 1 X-Sender: kupdike @rof.net X-Mailer: Windows Eudora Pro Version 3.0 (32) Date: Tue, 02 May 2000 13:33:40 -0600 To: Nick Lelack <nickl @ci.aspen.co.us> From: Katie Updike <kupdike @rof.net> Subject: Ul Ir Nick - Thanks for helping get the demo permit out...seemed to be a lot of confusion, just needed the prod. Oddly enough, when I talked to Sarah 1-1/2 weeks ago I thoguht we were a day a way just waiting for HPC to sign. Amy in fact returned and said she had signed when it first came in...confusion. Oh well. We're back to work again. Thanks. Nick, I just received word from Farrell that he did not think it was a good idea to waive the school fees. Long time to decide, but not a surprise. I am wondering, however, about what the final permit fees are going to be. I've been told various things on the permits issued so far. First, that if it is 100% affordable all fees are waived. Then, no, because there is a free market unit (even tho' we're not doing any work on that unit). Who is it that makes the determination. Do I need to apply? Does the Housing Office need to do something? Just need to know. Many thanks, Katie PS. There seems to be some interest (nascent) about trying to document and repeat the UlIr experiment...maybe with new construction, maybe rehab. will look forward to hearing your thoughts on the concept and where it fits in to the over-all planning. Printed for Nick Lelack <nickl @ci.aspen.co.us> 5/2/00 w ■ s ■ MINOR DEVELOPMENT REVIEW BY w ASPEN HISTORIC PRESERVATION COMMISSION For a ULLR LODGE EMPLOYER SPONSORED AFFORDABLE HOUSING • w r Prepared by: S _ Katherine L. Updike Managing Partner 'r Building Solutions,LLC S On behalf of N I" CARBONDALE AFFORDABLE HOUSING CORPORATION A COMMUNITY DEVELOPMENT CORPORATION SERVING THE ROARING FORK VALLEY January2000 I 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 January 25, 2000 Ms. Amy Guthrie Aspen Historic Preservation Commission Community Development Department 130 South Galena Street Aspen, Colorado 81611 Dear Ms. Guthrie: 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 HPC Minor Development Review Application Package, 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: Katie Updike Building Solutions LLC 8300 County Road#3 Marble, CO 81623 (970) 963-9511 phone (970)963-9170 facsimile kupdikenu,rofnet 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, // Kay Philip atie UI dike Chairman Managing Partner Carbondale Affordable Housing Corporation Building Solutions LLC P.O. Box 2001,Carbondale,CO 81623 Table of Contents I. Introduction II. Land Use Application III. Pre-Application Conference Summary IV. HPC Development Review Standards and Applicant Responses V. Attachments 1. Responses to Minimum Submission Requirements Photographs Title Report Vicinity Map Scale Drawing Site Plan Site Improvement Survey 2. Elevations 3. Dimensional Requirements Form Ullr Lodge Minor HPC Review 1 January 25, 2000 I. INTRODUCTION/OVERVIEW Carbondale Affordable Housing Corporation("CAHC"), a community housing development organization approved by the Colorado Division of Housing, has contracted to buy the UlIr 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. It has been determined that the alterations will comply with guidelines appropriate for a Minor Development under guidelines of the Historic Preservation Commission. The actual building envelope will not be altered. The exterior of the Lodge and the Floor Area will be modified only slightly. The modifications are the result of interior changes, i.e.,the addition of a handicapped accessible unit,the removal of the pool, and a net increase of three units due to conversion of a large bi-level `owners' apartment into four units,which will necessitate the addition of exterior stairs. The architectural character of the building will remain the same. Exterior alterations will be similar in character to existing features. 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 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 UlIr 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 HPC,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 HPC Review 2 January 25, 2000 II. LAND USE APPLICATION PROJECT: Name: UlIr 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 Zoning: Office/Historic Preservation Overlay 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 that is 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 with approximately the same FAR as the existing building. FEES DUE: $2825 Have you attached the following? El Pre-Application Conference Summary(Section III) El Attachment#1, Responses to Minimum Submission Requirements(Section V) El Attachment#3, Dimensional Requirements Form (Attachment 3) El Attachment#2,Elevations(Attachment 2) Q Response to Attachment#5,HPC Development Review Standards and Applicant Responses (Section IV) Ullr Lodge Minor HPC Review 3 January 25, 2000 III. PRE-APPLICATION CONFERENCE SUMMARY Ulir Lodge Minor HPC Review 4 January 25, 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. IV. INC DEVELOPMENT REVIEW STANDARDS AND APPLICANT RESPONSES 1. 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 an "H",Historic Overlay District,or is adjacent to a Historic Landmark. APPLICANT'S RESPONSE: There are no changes proposed to the over-all exterior dimensions of the building. The changes to the exterior which fall within the purview of the Historic Preservation Commission follow: Conversion of Owner's 3 Bedroom Unit to 4 smaller units: 1. Minimal opening/access through Main Street Screen wall in order to provide no-step access to handicapped-accessible unit where sidewalk grade matches patio. 2. New and/or shifted windows done within the context of the existing windows. 3. Add two exterior stairs(one in courtyard and one on 51h street side) in order to provide access to upper level of converted unit. Modification of Lodge to meet code requirements for residential use: 4. Abandon pool and demolish pool room `add-on' structure. 5. Open new lower level unit to sunken patio in the former pool area. 6. Enlarge/add light wells to NE lower level unit in order to meet egress and light requirements. Other minor exterior modifications: 7. Some new landscaping at courtyard and"healthy pruning and cleaning of existing landscape. 8. New color scheme (e.g.,window and door trim color)and new sign/name. Although the actual building envelope will not be altered,the floor area ratio will change slightly as a result of the reconfiguration of the light wells. Currently it is estimated that the FAR will actually decrease 20 square feet. The increase in FAR resulting from increasing light well areas to conform to residential requirements is offset by the removal of the above-grade pool building which is about 200 square feet. 2. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. APPLICANT'S RESPONSE: The building form and massing is consistent with the area at two stories and has excellent solar access with most units facing the southern courtyard. 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. 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. 3. The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or adjacent parcels. APPLICANT'S RESPONSE: All of the primary architectural features of the exterior of the building are being maintained. Specifically the archway entrance,the"Bavarian"character of the woodwork, the street presence of the building. Ullr Lodge Minor HPC Review 5 January 25, 2000 4. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or part thereof. APPLICANT'S RESPONSE: All of the primary architectural features of the exterior of the building are being maintained. Specifically the archway entrance,the"Bavarian"character of the woodwork, the street presence of the building. The pool is being removed because of the lack of use of this facility and its operating costs. The intent is to make the remaining open space more usable as a common amenity for the building residents. Ullr Lodge Minor HPC Review 6 January 25, 2000 V. ATTACHMENTS Ulir Lodge Minor HPC Review 7 January 25, 2000 ATTACHMENT I RESPONSES TO MINIMUM SUBMISSION REQUIREMENTS 1. Contained within a letter signed by the applicant,the applicantLF 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 projectHF 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 HPC Review 8 January 25, 2000 • . . ,... . r . i at , . ... ,nimioi lic 7_ - .4 ., "- n "1 . .0 . _ . _ . . . . A .iiiiiiiirsi:II-Hti' i ' .. --.i,1 ,je , . .11.1..11 I• • I • —- r ' ' VP J. '.• lir , 'II!:-- ..-.-- - •- •Ept==--..--"---,-..tn- - - -- - Lke.INts..1.-1-1Aall . L L ULLR LODGE - MAIN STREET VIEW L (EXISTING TO REMAIN AS IS) I '....:.*'''S 14('s i...:;e.V ,:.''''-;"''''•-''‘-- " . - '‘. '.''.1*..:-Ci,..- f-'f:- '-..4'.1 q 7, -r-..--,.'7,0t- .. .. '..:;';•i It:!--,-.-...:,,,'05.-ne......;,.. . . i.-..!,.- - . "•....e e:. .... ,. ' -:, : . . .-v^I :.,.., . .- . .:,-'.4*;;:tti..X.,=..;...,'—.. ,-",:.:•,;f., ::-.,,:-. ;.-.-1... ......,..., zi-....1..,-,. ... •,:.. -...,• . ...,.--_,,....,.„ _.. .- ::: A ,-. .. .:4_7:71---; ... , • : ....-■*- . ,-'5. y 4,,---,-; -_,,, ,--- . ,-. ..) -.,?..- :41_,...n.,, • --•,..-- - - . •-....r:-• - • . -.."-„'•-;_-a-0 •-•-•:-,.. - I,•:i.._: "--;- *-- ..,._. •,r- -,. - -40-.,---;;, - - - -. ....-A...- 474/....,,,,..:z....i. . -., '..-'--- ---- --- - . . .1•., -, - .?.....fr-.4--- -.,. 4... -...:.....-''' ' .-,..; l .:. i'. ‘.. . I log '•;.Ytts.. '.... -...4...i..t ■ _ _ .i. -iiir.1 11 . '' '' . . • . ''. :'''-'.....'''....----;-'''..!-'-..---''..• :-.''''''.. ..-' - ,..- 1."--.PA.-7--,.V""-Zi;-P -J. :7' *4."!'..!. ...-. ..--,,...J.... , .., .7.r.,... • e.- , . . • ,-- 1.S-• —"Pi'''. -.'-. -;•*" ; •„,I. ' • ,1 • .:".: 1-,,,r- ... ".:-..,.• 4, ••:: •••:-. , opi,i4,.,..) ./...:-..:.- • ...--.. ..•,;.......,_. .. s,.- -. , -1. -'1'. --'-<• ' '"- -W.I.:'-i•ct......2.:;:-.-. ..,...s. - 1:•i_::::::?::-.-•:' : -i .. -. ,....-^....-...b.-.•.r4. .....,r, . , 4 • -..:,. .,E , I ,k.-"' "•:."-_-:.f„., - -_,,,,-!-7--...-_.,.. ,-'_,.... ... .. :4,- ; .. .,..,__ ... ___. .. , ;,,..... ...........ot:,;.,--t _.....1 ...,• ......,_ , ...,.. ,,,,,..- „....2 ..1.41--' • . 111 -. •:.••7 III —.--,. ..--,—.=.-_-z-.---4.17-4.r-sr---__,-=__,:,.t.,..--,..k.i•-. ,•.----.--- ,-. • 3 ` l i 1 `l. r 1 yi Ir ra 1.. : 1i II ..i} f7�11 f r `y xII ` i ta 5TH STREET ELEVATION EXISTING CONDITIONS) 4, ,,,n. i .._....., , , ..- - - _ ,:„.., -.., ____ ____ _ _ _ _ _ _ _ ...„ __ .., _ .. . .c._-___ • _ , Tt . .. . ., . 'awn Ulundi, iit 7r ,' ` Ail ,,._ r • r - tom,, rsJ .ka i . 1 '. t - �.. . ,,. m -2- 1 ,. ,• _ . _ I r ..,-;-4 ......00.1,._, . I V ::.1.e., N- E ;...;' EAST COURTYARD ELEVATION r W"? j ` Y+ ,tSlt.- .) .' ' _ �. -J a • 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 charg9s therefore;all subject to the provisions of Schedules A and B 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." V Piaki,.County Tldn,L.e. FUl E.119149n.Avo,nn SM Hour `�1�,. e•:. a�aN �/�,�{ {,^ A.1.«••.tel.na! 81(•11 Fidelity? ti�,Tit/eInstrance Company 970-925-1766 Phone /'^� ' ,r.'0,1914••- 970-025-6527 Fn.' a4A1 L\c. BY 7 alte4":":7 : SEAL W\ /. ' ATTEST PreefEant a. r �° 1 . l\ll\111 Countersigned J Authorized signature seceeun FORM 27-63-66(9/94) ALTA COMMITMENT-1966 Valid Only if Schedule A and B are Attached The conditions of this commitment require that the premium and charges be paid prior to the issuance of the tide policy(s).Therefore,no pollcy(s)will be Mated until the charges have been remind to the issuing agent. ' +s • FA. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1 . 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 �' HT 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 PI,TKIN 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 Schennum' 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 . . 2 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 . • 3 . 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. 4 . 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 be delivered to and approved by the Company. must (Continued) 0 F S . 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) 3 . Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) NT 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. S. 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" . J . 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 . :. • IT 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 or ,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 Cdtnpany 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 .County 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. /// // > tJa ' /,/ - �/ / fa, ' / /, _ i � I - 1 -1 it / /'_ 17 */ It:, j1/ / • ��C;-fa 4.lat s/ yeti jr i11:lai l C i 44 /� ,_ 4: I "' ,.t *PA. / ;/ / / iL / c ya . ;/ l�� o -7 ----- &,,,L 5 (09 ft3, i , 7 its_ i ,,, a --..wr / Ift ass.- TN ›-1 / / / a A Z zd� � l, - Np HS / / _�� � z �J , // fl U / ; C a > /'/ / /% / / � ' / %' / / 3 , , Nib r1 aka I L74: IN I O PA J-1i Q . Kwz m>1- iFp<W iii -J9P0mW.lui ;J as q ■ u.& 0 X nit /� ° �I , IXI m ,..5 V Op LL w S J A If W-,m Z IIIIIIIIIII a07 IIIIIIIIII� oz w W I I - t' /1 J A K x // p wz w � uunm E li,1 = 4 unnu LL W _ o ati wO F mf wm m o JO1 ^md " O O 1“-i CVD Jl K un- '(O '-w 0 Xs w�� w�- a Pt'. w / I 4° ow i ° o LL a$t5 J 1 � I o� d ym 'I'M i1 g° J Jm w JF Y � � zw aWs N a LW I zr AlalaflyflJ� W a°d° m t 1, M� N I rn a D 41 rc ` W a gym { w h I u N Y a r= W 0 ioi 7 OW°o O 8 ¢ ® mare o i N 000° • H zow 5 y �ui`z 8 r 3 • Y w ro•Y 3 EL, L2 9 _J•V6 0 -8 S € /�� � A. O W y` �i O '' i f G_ •Q J `n i In- W Yom ^ ` — — • m o dl f o 4 0 J 1 e _ 0 -107 — — �3 _ a to _ I. evi l ! -— — O I 9 c'D ti —Pr .: I J ,-' ...--liet, :,, 1'i al::.. kJ // L 4 4,, i J L r • 7• & "1 — :C / llu ATTACHMENT ELEVATIONS Ulir Lodge Minor HPC Review 9 January 25, 2000 Z O Q T f �z 0z di d ° � 2< <; °. w ow ° w in,�V �V $ Z -O- K w� wi V j i _ I I I w J imam. 1 ■- • r JD_ r - ]- r _,_ _ - 3 �J - 7- �Hk I L_ ••• I � - — K- m Oz r)_, F ]- - - z�+�O W 9. / _ II J 1— - li_ -- l j n-r r n 1 z I I I I I I Ik pQ 1 1 1 1 1 1 1 N� � mum I xo nil_ r I - I I I I I I I I I I I Jr_ � -- IJ1l JJJ 7 - _. .- - _ _ , I I I I I IJ1J — . _j _ T- —I,_ 7 . __ t - - \ / _' -I I- 111--- N �. I -` a - -C_ j E /n \T - -C _ � �o ?..,J � / \ o - - ]�� �._ __-_ __ JQ XNZ NM NV Q w zi- NV _O } =wn w-1p ~ w ,�-f r Q ] N_., i__ in _. , '". 0 a IUII� —T.- .! ilh 1 1—] t I ‘ __ _ 9 - 1 �. iz } lu C: : .. . .' . x X Ill II n }— }� i l l I !f —k in xo i w e J fr H H <z 8 „ ow I m 00 o ad II Y-�. 1 -- - I \ z ip Z z3� wm :, lryll v _1 — %�\ ' gip:—k. I.iil'Er I 1 Dill—IIII% i>� }Z—. j /l I IlI ilI 11 1ylI 1, _ -�1 / f I CII- }Fr t III -1 ( I I ■ •■ Y �Y 1 IlL � � � - — !�y� lD— j 1 - ---. \mow, �IIII II 1 IN-II TF 1 • -1114 auiiiiii r 3 I 0 al mw ° I _W li4. I ZO ® v I Z � I P s, Q E- �L � °° I d11 ©� I u rlTUlmn R' }Z *Jo, r 8 s= Np,- o_9 o= I I, I mp QWU Xp �p I Ill 9 w $ $ o� Eel:I 8 ala � w z w ° w 0 ICI 4 kw X ATTACHMENT 3 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 durum PUD Review Existing non-conformities or encroachments: Existing and proposed parking_does nc: „form and is currently partly in the right of way. Variations requested: To accept parking plan as presented in Section 6. *Floor Area is an approximation 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 he minimal. Ullr Lodge Minor PUD Application January 2000