HomeMy WebLinkAboutLand Use Case.334 W Hyman Ave.A079-99
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CASE NUMBER
PARCEL ill #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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,-:
A07t-99
2735-124-64004
Sl. Moritz LP Expansion, Minor PUD
KLM Lot #46
Chris Bendon
Minor PUD Expansion, AH GMQS Exemption
Michael Behrendt
same
11/8/99
Ord 46-99
Reso. 32-99
3/6/00
C. Bendon
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43970901/20/2000 11:12A AGREE"EN DAVIS SILVI
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AGREEMENT
BETWEEN THE CITY OF ASPEN AND MICHAEL BEHRENDT
FOR THE PAYMENT OF WATER TAP FEES
This AGREEMENT is entered into this Sr!! day of December, 1999, by and between the
CITY OF ASPEN and MICHAEL BEHRENDT.
WHEREAS, the City Council of the City of Aspen approved Ordinance No. 46, Series of 1999,
approving the St, Moritz Lodge Minor Planned Unit Development, Lots K, L, and M, Block46"
City and Townsite of Aspen, Pitkin County, Colorado, a copy of which is appended hereto as
Exhibit "A"; and
WHEREAS, Michael Berhendt is the sole owner and proprietor of the St. Moritz Lodge; and
WHEREAS, Section 5 of said Ordinance authorizes the parties hereto to enter into an agreement
to allow Michael Behrendt to delay payment to the City of Aspen of certain Water Department
Fees for a period of time not exceeding one year after issuance of a Certificate of Occupancy for
. the second phase of the development (as defmed in the Ordinance), or three years after issuance
of the Certificate of Occupancy for the first phase (as defined in the Ordinance), whichever
period is less; and
WHEREAS, the parties hereto have negotiated the terms and conditions of said agreement and
desire to memorialize said agreement by this instrument;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties
agree as follows:
1. The parties agree that the amount due from Michael Behrendt to the City of Aspen for
certain Water Department Fees is the sum of $27,067.00.
2. Michael Behrendt shall execute a promissory note and deed of trust in forms substantially
similar to those appended hereto as EXHIBITS "B" and "C" respectively to evidence the debt
.,and to secure payment of said sum to the City.
3. The City of Aspen shall, from time to time, in its sole discretion, rent accommodations
from Michael Behrendt at the St. Moritz Lodge, at the then prevailing rates, for its guests,
employees, and prospective employees. Michael Behrendt agrees to accommodate these persons
provided that space is available at the St. Moritz Lodge. Appended hereto as Exhibit "D" is
some literature describing the acconnnodations that are currently available, the applicable rates,
and procedures for making reservations. Exhibit "D" may be amended by Michael Behrendt at
any time provided that they shall only have prospective effect and shall be delivered to the City of
Aspen.
4. Whenever the City of Aspen uses the St. Moritz Lodge as contemplated herein, Michael
Behrendt shall bill the City of Aspen for the total cost of the accommodations. The City of Aspen
shall thereafter credit Michael Behrendt for the proper amount of the cost of the accommodations
and reduce the amount due on the Promissory Note by a similar amount. The City of Aspen shall
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439709 01/20/2000 11:12A AGREEMEN DAVIS SILVI
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prepare and send to Michael Behrendt periodic statements of the remaining amount due and all
credits made to his account. Michael Behrendt may also request the issuance of a statement and
the City of Aspen shall make reasonable efforts to prepare and send said statements to Michael
Behrendt on a timely basis.
5. It is agreed that this Agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Colorado.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on
the date indicated hereinabove.
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CITY OF ASPEN, COLORADO
By: ~ I~~.~
City Manager
JPW-Ol/lljOO-G: \john\word\agr\behrendt. doc
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ORDINANCE NO. 46
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE ST. MORITZ LODGE MINOR PLANNED UNIT
DEVELOPMENT, LOTS K, L, AND M, BLOCK 34, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
(the Project) from Michael Behrendt (applicant), owner of the St. Moritz Lodge located
on Lots K, L and M, Block46., City and Townsite of Aspen, for a Minor Planned Unit
Development (PUD) to accommodate eight (8) new lodge rooms and two (2) new
affordable housing units to be contained within an addition to the existing St. Moritz
Lodge; and,
WHEREAS, the St. Moritz Lodge is located in the Medium Density Residential _
Lodge Preservation Overlay (R6-LP) Zone District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties located in the Lodge Preservation (LP) Overlay Zone District
may be established through the PUD review process; and,
WHEREAS, pursuant to Planning and Zoning Commission Resolution #99-_,
the Project has been granted a Growth Management Quota System Exemption for the two
(2) additional lodge rooms and the one (1) additional affordable housing unit, completing
a total of eight (8) lodge rooms and two (2) affordable housing units to be included in the
addition, as described in the application; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, the City Council
may approve a Planned Unit Development during a duly noticed public hearing after
considering a recommendation from the Planning and Zoning Commission made at a
dilly 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
Building 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 October 19, 1999, the
Planning and Zoning Commission recommended, by a four to zero (4-0) vote, that the
Aspen City Council approve the St. Moritz Minor Planned Unit Development, 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 Planning and Zoning Commission, the
Ordinance No. 46, Series of 1999
Page 1
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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 fmds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the St. Moritz Lodge Planned Unit Development, consisting of an eight (8) lodge unit and
two (2) affordable housing unit addition to the existing lodge, is approved subject to the
conditions of approval described hereinafter.
Section 2:
The Official Zone District Map of the City of Aspen shall be, and is hereby, amended by
the Community Development Director to reflect Lots K, L, and M of Block 46, City and
Townsite of Aspen as assigned with a Planned Unit Development (PUD) Overlay.
Section 3:
Conditions of Approval:
I. 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).
b. A statement about the long-term maintenance of the common central
courtyard and pool area.
c. An agreement to enter into a future lease agreement for on-street parking
spaces for guests of the lodge if necessary.
2. A Final PUD Plan shall be recorded within 180 days of the fmal approval granted by
City Council and shall include:
a. A fmal 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,
location of utility pedestals, and a note stating that a witness comer will be
installed on the north east comer of the property after completion of
construction.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
Ordinance No. 46, Series of 1999
Page 2
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, for both the lodge expansion and the Minor PUD,
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. The building plans shall demonstrate an adequate fire sprinkler system and alarm
system for the new portion of the structure.
6. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized, those fees shall be payable according to the agreement.
c. The studio employee unit shall be deed restricted to Category 2, or lower, and
the two-bedroom employee unit shall be deed restricted to Category 3, or lower,
with the AspenlPitkin County Housing Authority.
d. Existing vegetation where construction activity is expected shall be protected by
tying-back limbs and surrounding vegetation with construction fencing,
7. The applicant shall encourage visitors to not rent a car when staying at the St. Moritz
through marketing information. .
8. Two parking spaces shall be designated on the Final PUD Plans as available for the
employee units.
9. No excavation or storage of dirt or material shall occur within tree driplines.
Ordinance No, 46, Series of 1999
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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.
II. 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 AspenlPitkin 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.
Section 4:
In consideration of the limited area in which the applicant has the ability to replace trees on-
site and of the purposes of the Lodge Preservation Program, the City Parks Director may
accept off-site replacement or mitigation of removed trees as long as the receiving site is
proximate to the St. Moritz Lodge. '
Section 5:
The applicant may enter into an agreement with the City to delay payment of Water Tap
and Parks Impact fees, associated with this application. This agreement shall be for a
period of time not exceeding one year after issuance of a Certificate of Occupancy for the
second phase of the development or after three years after issuance of a Certificate of
Occupancy for the first phase, whichever period is less; shall include a letter of credit for
the entire amount payable to the City for the entire grace period acceptable to the City
Finance Director; and, shall include a percentage rate to accommodate the expected rate
of inflation during the grace period as determined by the City Finance Director.
Section 6:
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 7:
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.
Ordinance No. 46, Series of 1999
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Section 8:
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.
Section 9:
Pursuant to Section 26.304.070 of the Municipal Code, the City Clerk shall cause notice of
this Ordinance to be published in a newspaper of general circulation within the City of
Aspen no later than fourteen (14) days following fmal adoption hereof,
Section 10:
A public hearing on the was held on the 8th day of November, 1999, at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 25th day of October, 1999.
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FINALLY, adopted, passed and approved this L day Of~.
Approved as to form:
Approved as to content:
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Ordinance No. 46, Series of 1999
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PROMISSORY NOTE
U.S. $27.067.00
Aspen, Colorado
FOR VALUE RECEIVED, the undersigned (Borrower) promisees) to pay the City of
Aspen, Colorado, a municipal home rule governmental entity or order, (Note Holder) the
principal sum of Twenty Seven Thousand Sixty Seven U.S. Dollars ($27,067.00). Principal
shall be payable at the Finance Office, City Hall, 130 South Galena Street, or such other place
as the Note Holder may designate, payable at the rate of 7.0% per cent per annum as provided
therein.
On or before one year after issuance of (1) a Certificate of Occupancy for phase two of
the development approved by the City Council of the City of Aspen in accordance with
Ordinance No. 46, Series of 1999, or (2) three years after issuance of a Certificate of
Occupancy for the first phase of the development approved by the City Council of the City of
Aspen in accordance with Ordinance No. 46, Series of 1999; whichever event occurs first.
Payments received for application to this Note shall be applied first to the payment of
late charges, and the balance applied in reduction of the principal amount hereof.
If any payment required by this Note is not paid when due, the entire principal amount
outstanding and accrued interest thereon shall at once become due and payable at the option of
the Note Holder (Acceleration). To exercise this option, the Note Holder shall give Borrower
notice of Acceleration specifying the amount of the nonpayment, The Borrower shall have
thirty days after the notice of Acceleration has been given to reinstate the terms of this Note, as
they were immediately before such notice, by paying the amount of nonpayment specified in
the notice of Acceleration. The privilege of reinstatement shall not, however, be available to
the Borrower more than once during any twelve-month period. Unless so reinstated the
indebtedness shall bear interest at the increased rate of7% per annum from the date notice of
Acceleration is given. The Note Holder shall be entitled to collect all reasonable costs and
expense of collection and/or suit, including, but not limited to, reasonable attorneys' fees.
Borrower may prepay the principal amount outstanding under this Note, in whole or in
part, at any time without penalty.
Any partial prepayment shall be applied against the principal amount outstanding and
shall not postpone the due date of any subsequent payments or change the amount of such
payments.
Presentment, notice of dishonor, and protest are hereby waived by Borrower and all
other makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and
several obligation of Borrower and all other makers, sureties, guarantors and endorsers, and
their successors and assigns.
111111I1111I1111I11111111111111I111111111I111111111 III/
439709 01/20/2000 11:12A AGREEMEN DAVIS SILVI
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Any notice to Borrower provided for in this Note shall be in writing and shall be given
and be effective upon (1) delivery to Borrower or (2) mailing such notice by certified mail,
return receipt requested, addressed to Borrower at the Borrower's address stated below, or to
such other address as Borrower may designate by notice to the Note Holder. Any notice to the
Note, Holder shall be in writing and shall be given and be effective upon (I) delivery to Note
Holder or (2) by mailing such notice by certified mail, return receipt requested, to the Note
Holder at the address stated in the first paragraph of this Note, or to such other address as
Note Holder may designate by notice to Borrower.
The indebtedness evidenced by this Note is secured by a Deed of Trust dated December
23, 1999 and until released said Deed of Trust contains additional rights of the Note Holder.
Such rights may cause Acceleration of the indebtedness evidenced by this Note. Reference is
made to said Deed of Trust for such additional terms. Said Deed of Trust grants, rights to the
fOllowing described property located in the City of Aspen, County of Pitkin, State of
Colorado:
Property address:
BORROWER:
Michael Behrendt
Borrowers' address:
St. Moritz Lodge
334 W. Hyman
Aspen, Colorado, 81611
KEEP THIS NOTE IN A SAFE PLACE. THE ORIGINAL OF THIS NOTE MUST BE
EXHIBITED TO THE PUBLIC TRUSTEE IN ORDER TO RELEASE A DEED OF
TRUST SECURING THIS NOTE.
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43970901/20/2000 11:12A AGREEMEN DAVIS SILVI
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Recorder
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DEED OF TRUST
THIS INDENTURE, Madetbis 23rd dayof December
,19 99 ,between
Michael Behrendt
whose address is St,; Mortiz Lodge, Aspen, Colorado
hereinafter referred to as grantor, and the Public Trustee oftbe .County of
Pitkin ,~te of Colorado, hereinal'ler referred to as Public Trustee,
WITNESSETH, THAT, WHEREAS, Michael Behrendt
has executed a promissory note or notes, bereinafterreferred win thcsiogulac, dated December 23, 1999
prmcipalsumof Twenty Seven Thousand Sixty Seven ($27,067.00)
payable to lhe order of Ci ty of Aspen
,fortbe
Dollars,
at tbe rate of
7.0%
130 S. Galena, Aspen, CO 81611
after 1m: date hereof, with interest th6reon from the date -'-hereof
provided therein ,,"' i"
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pet cent per annum, payable
as
whose address is
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ANDWHEREAS, the grantor is desirous of securing payment of the principal and ulIerest of said promissory note in whose hands soever the said
DOte orany of them may be. , .' .
NOW THEREFORE, the grantor, in consideration of the premises and for the purpose aforesaid, dQes hereby grant, barpin, sell and. Conve;- unlO
the said Public Trustee in trust forever, ,the following described property, situate in the County of
Pi tkin ,State of Colorado, to wit:
St. Moritz Lodge
Lots K, L, & M, Block 46
City of Aspen, COlorado,
With all improvements
also known by street and number as
TO HAVE AND TO HOLD the woe, together with all and singular-the privileges and appu~ces thereuntobelQnging: In trust nevertheless, that
in case of default in the payment of said note, or any of them, or any pan thereof, or in the payment of the interest thereon accordiIli to the tenor and effect of
said note, 01" any of them, or in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case ohiolation
or breach ofanyoftheterms, conditions, oovenantsoragreementshere.in contained,the beneliciary hereunderortheJesal holdero ftheindebtednesssecured
hereby may declare a violation of any of the COVt.llanu herein contained and may elect to advertise said property for saJe. and demand such sale by tiling a
notice of election and demand for sale with the Public Trustee. Upon receipt of such notice of election and demand for sale, the Public Trustee shall cause a
copy of the sattle to be recorded in the recorder's office of the county in which said property is situated. The Public Trustee shall then give public notice of the
tittle and place of sale by advenisemellt'to be published for four weeks (once each week for live successive weelcs) in SOttle newspaper of general cirCulation at
that time published in the county or counties in which said property is located. A copy of such notice shall be mailed within ten days after the date of the first
publication thereof to the grantor at the address given herein, to such person or persons appCariIli to have acquired a subsequent record interest in said
property at the address given in the recorded instrumelll, and to any other person or pefSOllS as may be provided'by law. It sball and may then be lawful for
the Public Trustee to sell said property forthe highest and best price the same will bring in I;llSh and to dispo$C of the S3tt1e (en masse orin separateparcejs,
as the said Public Trustee may think bcst),toaelber with all the right, title and interest of the grantor, his beirs or assisns therein, at public auction at any place
as may be specilied by statute and desi&nated in the notice of sale. The Public Trustee shall make and give to the purchaser or purchasers of such property at
such sale acenilicate or certilicate$ in writing descrihing such property purehased, and the sum OI".sums paid therefor, and the tittle when the purcbaseror
purchasers (or other person entitled thereto) shall be entitled to a deed or deeds therefor, unless the same shall be redeemed as is provided by law. The Public
Trustee shall, Upon demand by the person or persons holding the said c:ertilicatc or certificates of purchase, when said demand is made, or upon demand by
the person entitled to a deed to and forthe property purchased at the time such demand is made, the tittle for redemption having eJ\pired, make and eJ\ecute
to such person or persons a deed or deeds to the said property purchased. Said deed or deeds shall be in the ordinary form of a conveyance, and sball be
signed, acknowiedsed ilnd delivered by the said Public Trustee and shall confirm the foreclosure sale and sell and convey to such person or persons entitled to
such deed, the said property purchased as .aforesaid and all the right, litle, interest, benefit and equity of redemption of tbe grantor, his heirs and assisns
therein. Tbe Public Trustee shall, out of the proceeds or avails of such sale, after first payiIli and retaining all fees, charges and costs ofmakingsaici sale, p-
to the beneficiary hereunder or the legal holder of said note the principal and interest due on said note according to the tenor and effect thereof, /I~
moneys advanced by such benefiCiary or legal holder of said note for illSurance, taxes ana assessments, with interest thereon at. r'
annum, renderilli the overpJus, if any, unto the grantor, his legal tcpreSentatives or assigns. Said sale or sales and said deed or deeds so nl":
perpetual bar, both in law ana'equity, against the grantor, his heirs and assigns, and aU other persons claiming the said property, or anypart.....
through or under the grantor, or any of them. The holder or holders of said note or notes may purchase said property or any part thew-'
obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. If a release deed be rr'
the grantor, his beirsorassiglls, will paytheeJ\pensethercot:. .//
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No. 34IB. Rev. 6-92. DEED OFTRUsr (PublIcThlstee)' Witholll Dlle o.a Sale Clause <t'J /", .
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43971001/20/2000 11:13A DT DAVIS SI~VI
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And the grantor, for himse1faDd his heirs, personal representatives or assians covenants and agrees to and with the, Public TrustCt,that at the time of the
ensealinaofand delivery oftbesc presents he is wen seized of the said land and tenements in fee simple, and has good right, full power and lawful authority
to grant, bargain, sen and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims he
may have in or 10 said lands, tenements, and property as a Homestead Exemption, or other exemption, under and by virtue of any act of the General
Assembly oflhe State of Colorado, or asallY exemption under lii1d by virtue of any act oftbe United Slates Congress, now cxistiDS or which may bereafter be
passed in relation thereto and thai the same arc free and clear oran liens and encumbrances whatever, except
and the above bargained property in the quiet aDd peaceable possession oftbe Public Trustee, his sue<:essorsand assigns, against all and every person or
persons lawfully claiming or to claim the whole or any part thefco( thegrantorsball and will Warrant and Forever Defend.
Until payment in 'full of the indebtedness,'tbe grantor sball timely pay aU taXes and assessments levied on the property; any and aU amounts due on
'aCCOunt ofprincipal and interestorother sumSOD. any seniorenoombrances. ifany; and will keep aUimprovemen.ts tbal maybe on said lands insured against
any casualty loss, including extended coverage, in a company or companies meetin& the net worth requirements of the beneficiary hereof in an amount Dot
less than the then. total indebtedness. Each policy shall contain a loss payable clause naming the beneficiary as mortgagee and shall further provide that the
insurance may not be canceled upon less than ten days written notice to the beneficiary. At the option of the beneficiary. the orisinal policy or policies of
insurance shall be delivered 10 the beneficiary as further security for the'indebtednes.s. Should the grantor fail to insure and deliver the policies or to pay taxes
or assessments as the same 1lUI due. or to pay any amounts payable uPOn senior encumbrances, if any. the beneficiary may make any such payments
or procure any such insurance, and all monies so paid with interest thereon at the rate of. 7. % per annum shall be added to and become a part ofthe
indebtedness secured by this DeedofTrust and may be paid out of the proceeds oflhe sale oflhe property ifnol paid by the grantor. In additioD. and al its
option, the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for fuilureto procure insurance or make any of
the payments iequired,by this paragrapb.
AND THAT IN CASE OF ANY DEFAULT. Whereby the right of foreclosure occurs hereunder, the Public Trustee or the holder of said note or
certificate of purchase, shall at Once become entitled to the possessiOn. use and enjoyment of the property aforesaid, and to the rents. issues and profits
thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption. if any there be: and such
possession shall at once be delivered to the PubJic Trustee or the holder of said note or certificate of purchase On request, and On refusal, the delivery of such
possession may be enforced by -the Public Trustee or the holder of said nOte or certificate of purchase by any appropriate civil suit or Proceedin& and the
Public Trustee, or the holder of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said property. and oftbe rents, issues and
profits thereof, after such default, indudingthe time covered by foreclosure proceedings and the period of redemption. if any there be, and shall beentitled
thereto as a matter of right without regard to the solvency orinsolvency of the grantor orofthe then owner of said propertyanclwithout regard to the value
thereof, and such Receiver may be appointed by any court of competenljurisdiction upon ex parte application and without notice _ notice being hereby
expressly waived - and all rents, issues and profits. income and revenue tberefromshall be applied by such Rieceiver to the payment oflhe indebl~
hereby secured,.according to the law and the orders and directions of the court.
AND, That in case of default in any of said paymenlS of principal or interest, according to the tenor and effect of said promissory note aforesaid. or any
of them. or any part thereof, or oca breach or violation of any of the covenants or agreements herein. by the grantor, his penonaI representatives or assigns,
then and in that case the whole of said principal sum hereby secured, and lbe interest thereon to the time of the sale, may at OD.ce, at the option of tbe legal
holder thereof, become due and payable, and the said property be sold in thc manner and with the same effect as if said indebtedness had matured. and
that ifforeclosure be made by the Public Trustee, an attorney's fee of the sum of dollars
for services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the costofforeclosUlC, and ifforeclosure be
made through the courts a reaSOD,able auorDCy'S fee shall be taXed by the Court as a part of the cost of such foreclosure proceedings:
The singular number shall include the plural, the plural the singular, and lheuseofanYsender~ beapplica
ATI:"re~:~d'Yd~~~ ~aO.
StateofCo.lorado
County of
)~.
The foregoing instrument was acknowledged before me this
by fl\140...0 B~T.
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Witness my hand and seal.
MyMf'~ expires
12/26{2ooo
Notary Pubuc
Name and A<.IdrcssofPersotl CteatiagNewlyCreaiM ~ DescriptiOll.(f )8.35-106.5. CR.$.)
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ST.MORITZ LODGE MINOR PLANNED UNIT DEVELOPMENT AGREEMENT
FOR LOTS K, L AND M, BLOCK 46, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO.
ii.";' ,eement, entered into this _ day of February, 2000, by and between the City of
'xi., olorad? a municip~ corporation (City) and Michael Behrendt of~he St.Moritz
; . , shall bind. the certam real property Lots K, L and M, Block 46, CIty and
: , site of Aspeli.
RECITALS
WHEREAS, Michael Behrendt owner of the St.Moritz Lodge located on Lots K,
L and M, Block 46, City and Townsite of Aspen, submitted an application for a Minor
Planned Unit Development (PUD) to accommodate eight (8) new lodge rooms and two
(2) new affordable housing units to be eontained within an addition to the existing
St.Mortiz Lodge; and,
WHEREAS, the St.Moritz Lodge is located in the Medium Density Residential
Lodge Preservation Overlay (R6-LP) Zone District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties located in the Lodge Preservation (LP) Overlay Zone District
may be established through the PUD review process; and,
WHEREAS, pursuant to Planning and Zoning Commission'Resolution #99-32 the
Project has been granted a Growth Management Quota System Exemption for the two (2)
additional lodge rooms and the one (1) additional affordable housing unit, completing a
total of eight (8) lodge rooms and two (2) affordable housing units to be included in the
addition, as described in the application; and,
WHEREAS, pursuant to Ordinance No. 46 Series of 1999, the City Council, of
the City of Aspen, approved a Planned Unit Development during a duly noticed public
hearing after considering a recommendation from the Planning and Zoning Commission
..inade at a duly noticed public he{lring, comments from the general public, a
recommendation from the CQffil!1unity Development Director, and recommendations tom
relevant referral agencies ; and,
WHEREAS, Owner has submitted to the City for approval, execution and
recordation a Final Plat of a tract ofland situated within the City of Aspen, Colorado and
more particularly described on Exhibit A attached hereto and made a part hereof by this
reference (hereinafter referred to as the "Final Plat"), said property being hereafter
designated as the "St.Moritz Planned Unit Development"; and
111111I1111I1111I1 11111 IIIIIUII 111111111I1111111111111
44115203/06/2000 02:12P AGREEMEN DAVIS SILVI
1 of 5 R 25.00 D 0.00 N 0.00 PITkIN COUNTY CO
--
,-,
WHEREAS, City has fully considered the Final Plat, the proposed development
and improvement of the lands therein, and the effects of the proposed development and
improvement of said lands on other adjoining or neighboring properties and property
owners; and
WHEREAS, City has imposed certain conditions and requirements in connection
with its approval, executions and recordation of the Final Plat, such matters being
necessary to protect, promoted and enhance the public welfare; and
WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully
perfonn the conditions and requirements imposed by City in approving the Final Plat.
NOW THEREFORE, for and in consideration of the premises, and the approval,
execution and acceptance of the Final Plat for recordation by the City, it is mutually
agreed as follows:
1. General
It is hereby recognized that Ordinance No. 46, series of 1999, this Agreement, and Final
Plat Heretofor executed and recorded burdens the certain real property, St.Moritz Lodge
Planned Unit Development, consisting of an eight (8) lodge units and two (2) affordable
housing unit addition to the existing lodge and in the following manner:
A. Dimensional Reauirements areas Follows:
Minimum percent open space: 51 %
Minimum distance between ,buildings: 10 feet.'
Maximum height: Old building 30'4"
New building 25 feet
Minimum front yard New building 67 feet
Minimum rear yard 0 feet
Minimum side yard New building 5 feet
Allowable Floor Area Ratio: 1.283
B. Uses:
Uses on the property shall be limited to those permitted in the Medium Density
Residential Lodge Preservation Overlay (R6-LP) Zone District as specified in the
Aspen Municipal Code, as amended.
C. Phase ofDeveloDment:
1. Phase one. Addition; eight (8) lodging units and two (2) affordable housing units.
New fire escape on north side of existing lodge.
111111I1111I1111I1111111111I1111 111111111I1111111111111
44115203/06/2000 02:12P AGREEMEN DAVIS SILVI
2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
,-.
.-,
2. Phase two. Existing lodge improvements. Bay windows and new entry.
D. Conditions of ADDroval:
The conditions of approval for this development are those included in City of
Aspen Ordinance No. 46, series of 1999.
E. Amendments:
Any amendment of this Minor PUD shall be considered pursuant to all applicable
Sections of the Municipal Code.
F. Financial Assurance:
In order to ensure construction and installation of the St.Moritz Planned Unit
Development and engineering improvements such as drainage and utilities improvements
and to guarantee 100 percent of the current estimated cost of such improvements, which
estimated costs have been approved by the City Engineer and are specifically set forth on
Exhibit B attached hereto and made a part hereof by this reference, Owner shall provide to
the City a financial guarantee in the form of a cash escrow, an irrevocable bond, sight
draft or letter of credit from a financially responsible lender. Said guaranty shall be
delivered to the City before Owner commences construction or installation of any of said
PUD or engineering improvements, shall be in a form acceptable to the City Attorney and
the City Manager, and shall give City the unconditional right, upon default by Owner, to
withdraw funds as necessary and upon demand to partially or fully complete and lor pay
for any of such improvements or pay any outstanding bills for work ,done thereto by any
party, with any excess guaranty amount to be applied first to additional administrative or
legal costs associated with any such default and the repair of any deterioration in
improvements already constructed before the unused remainder, if any of such guaranty is
released to Owner. Provided, however, that Owner shall be given fourteen (14) days
written notice of default prior to City's ability to make a call under the letter of credit. As
portions of the improvements require are completed, the City Engineer shall inspect them,
and upon approval and written acceptance, he shall authorize the release of the actual cost
as documented by invoices for that portion of the improvements; provided, however, that
ten percent (10%) of the estimated cost shall be withheld until all proposed improvements
are completed and approved by the City Engineer.
2. Affirmation of Terms.
The terms and provisions of this Agreement and Final Plat are hereby confirmed by the
City and Michael Behrendt Owner.
3. MisceUaneous
'.
I 11111I 11111 111111 11111 IIIUI III 1111111 III 111111111 1111
4411e2 03/06/2000 02:12P RGREEMEN DRVIS SILVI
3 of e R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
.'-',
,,-...
A. The provisions hereof shall be binding upon, and inure to the benefit of, the City and
owner to their respective successors, grantees, and assigns.
B. This Agreement shall be subject to and construed in accordance with the laws of the
State of Colorado.
C. If any section, subsection, sentence, clause, phrase, or portion of this Agreement, or
application thereof, 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
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 the parties
hereto.
E. Upon execution of this PUD Agreement by all parties hereto, City agrees to approve
and execute the Final Plat for St.Moritz Planned Unit Development, and to accept the
same for recordation in the office of the Clerk and Recorder for Pitkin County,
Colorado, upon Payment of the recordation fee by Owner.
F. Notices to be given to the parties to this Agreement shall be considered to be given
when delivered or deposited in the United States Mail to the parties by registered or
certified mail, at the address indicated below or such other address as may be
substituted upon written notification of the parties or their successors, grantees, or
assigns:
City of Aspen
City Manager
130 South Galena Street
Aspen, CO 81611
Michael Behrendt
Owner
334 W. Hyman Avenue,
Aspen, CO 81611
G. The tenns, provisions, conditions, and obligations, contained herein shall be deemed to
be covenants and burden the real property oflots K, L and M Block 46, City and
Townsite of Aspen, any and all owners thereof, their successors, grantees, and assigns and
further shall inure to the benefit of, specifically by or against, the parties hereto, their
successors, grantees, or assigns.
111111I1111I1111111111111I111111111111111I1111I11111111
44115203/06/2000 02:12P AGREEMEN DAVIS SILVI
4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO
~
~
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date
and year set forth above.
CITY OF ASPEN
ST.MORlTZ LODGE
By:
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ATTEST:
BY:~~
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By:
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Notary Public
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111111I111111111I1111111/1/1111111/111111I1111/111I /11/
4411e2 03/06/2000 02:12P AGREEMEN DAVIS SILVI
e o( e R 2e.00 D 0.00 N 0.00 PITKIN COUNTY CO
~
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CONTACT REPORT/SHEET
City of Aspen
RECEIVED
o (j 2000
_ . ,A;::;F-:=N; Pi I ,,\Ii\;
. ',>-".....-1/;- 0--'"_
Department: Engineering
Telephone # or Meeting Location: Aspen Volunteer Fire Department meeting room
Date: Tuesday, March 7, 2000 Time: 2:00 PM
Subject: St. Moritz Lodge fire escape proposed encroachment into public right-of-way
Contacting Party: Michael Behrendt & Oli Johannsson
.
Contacted Party: Nick Adeh, Chuck Roth, Chris Bendon, Ed VanWalraven
Notes:
The meeting was conducted in order to discuss the dimensional aspects of the
proposed fire escape and the aspects of the encroachment into the alley public right-of-
way as regards public health, safety and welfare and the available space for the
categories of vehicles that will need to utilize the alley, especially essential service
vehicles including fire response vehicles, ambulance response vehicles, and solid
waste recycle collection vehicles.
Action:
The conclusion of the discussion is that the applicant's architect will draw section
and plan sketches that are to scale and fully dimensioned, The sketches will show the,
scenarios of use by the fire response vehicles, ambulance response vehicles, and solid
waste recycle collection vehicles,especially where the vehicles will be staged during
operation in relation to where the fire escape stairs will be located. The drawings will be
signed for approval by the fire marshall and will be included in an encroachment license
that will be prepared specifically for the fire escape stairs.
xc: Nick Adeh, Chris Bendon, Ed Van Walraven, Michael Behrendt, Oli Johannsson
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5 FlOOR. EXlS1tN6 Lt:106E
FIRE ESCAPE
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(AERIAL)
2 P\..OOR !X1$T1M6 L.DD&e
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21' ~21O
ST. MORITZ LODGE ADDITION - F RE ESCAPE
ALLEY DIAGRAMS -SECTION- 3 8 00
SCALE: 1/8"=1'-0"
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ST.MORITZ LODGE ADDITION - FIRE ESCAPE
ALLEY DIAGRAMS -SECTION- 3 8 00
SCALE: 1/8"=1'-0"
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FIRE ESCAPE
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ST.MORITZ LODGE ADDITION - F RE ESCAPE
ALLEY DIAGRAMS -SECTION- 3 8 00
SCALE: 1/8"=1'-0"
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ST.MORITZ LODGE ADDITION - FIRE ESCAPE
ALLEY DIAGRAMS -SECTION- 3 8 00
SCALE: 1/8"=1'-0"
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ST.MORITZ LODGE ADDITION - FIRE ESCAPE
ALLEY DIAGRAMS -SECTION- 3 8 00
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FIRE ESCAPE
2 f"LDoR exl9T1N6 LOD6!!
If"I..O(MI!)(l5'l1N6l..OO6e
PROJECT:
LAND USE ApPLICATION.
Name:
Location:
ApPLICANT:
Name:
Address:
Phone #:
REPRESENTATIVE:
Name:
Address:
Phone #:
,'e..ht<ei
33
Q70-
eh r-e-nJt
J-1 .R11 As
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:7.'5-3'J).;}..O
en
TYPE OF ApPLICATION: (please check all that apply):
D Conditional Use D Conceptual PUD
D Special Review t'RI Final PUD (& PUD Amendment)
D Design Review Appeal D Conceptual SPA
D GMQS Allotment D Final SPA (& SPA Amendment)
~ GMQS Exemption D Subdivision
D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
D Lot Split
D Lot Line Adjustment
D Temporary Use
D TextlMap Amendment
.
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C-'" la.....A-"Re> .s)~lf
tc.)pr4~D 2Jc.J/
D Conceptual Historic Devt.
D Final Historic Development
D Minor Historic Devt.
D Historic Demolition
D Historic Designation
D Small Lodge Conversion!
Expansion
D Other:
ExiSTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
I ~5 room Jod~e- 0>1 3 lo~
PROPOSAL: (description of proposed buildings, uses, modifications, etc,)
a..J~;tOYl of tl(Yj) ~ em
Have you attached the following?
~ Pre-Application Conference Summary
~ Attachment #1, Signed Fee Agreement
[gj Response to Attachment #2, Dimensional Requirements Form
I&J Response to Attachment #3, Minimum Submission Contents
~ Response to Attachment #4, Specific Submission Contents
Ell Response to Attachment #5, Review Standards for Your Application
)", e e v YJ ;Ts
FEES DUE: $ ) 1130.-
>, .
NOTES,
FAR. CALCULATIONS
TOTAL LOT AREA OF LOTS
K, L AND M EXCLUDING< TRIAN6LE
SHAPED AREA IN LOT K
BASEMENT GROSS AREA NOT INGUJDED
IN FAR.
FIRST FLOOR GROSS AREA
MAIN FLOOR
SAUNA
STORA6E
TOTAL,
SECOND FLOOR
MAIN FLOOR
STORA6E
TOTAL,
THIRD FLOOR
MAIN FLOOR
TOTAL,
TOTAL ",ROSS BUILDIN6 AREA
FAR. 16e6.0/elI4.34
5GI. FT. 5GI. FT.
elI4.34
248S.o
2485.0
'lID
10'l.S
26eS5
2485.0
905
2SIS5
248S.o
24eS.0
1686.0
0.ee2
OPEN SPACE
MINIMUM OPEN SPACE :lSll!
!LOT AREA-BUILDIN",-PARKIN6)/LOT AREA
lelI434-26eS5-48I.S)/elI4.:l4 64 SI(,
PARKIN6
PARKIN", IS SPACES
EACH SPACE e'-6" X le'-o"
14
NOTES,
PHASE I ADDITION
FAR. GALGULATIONS
TOTAL LOT AREA OF LOTS
K, L AND M EXc:;LlJDING TRIAN6LE
SHAPED AREA IN LOT K
BASEMENT 6R055 AREA NOT INGL. IN FAR.
EXISTIN6
ADDITION
FIRST FLOOR 6ROSS AREA
MAIN FLOOR
ST0RA6E
ADDITION
TOTAL,
SEc;oND FLOOR
MAIN FLOOR
ADDITION
TOTALz
THIRD FLOOR
MAIN FLOOR
ADDITION
TOTAL,
SG, FT, SG. FT.
6114,34
2465.0
1251.0
2465,0
10.5
IITT.o
3012.5
2465.0
IITT.o
3062.0
2465.0
IITT.o
3662.0
10<l<!6.5
1.26
TOTAL 6R055 BUILDING AREA
FAR. 10<l<!6.5/6114.34
OPEN SPAc:;E
MINIMUM OPEN SPAc:;E 35Sl\
(LOT AREA-BUILDIN6--PARKING)/LOT AREA
(6114.34--3612.5-461.5)/6114.34 52 %
PARKIN6
PARKING 15 SPAc:;E5
EACH SPAGE 81...6" X leI_Oil
NOTES,
PHASE 2 IMPROVEMENTS
FAR. GALaJLATIONS
TOTAL LOT AREA OF LOTS
K, L AND M EXc:;LlJDING TRIANGLE
SHAPED AREA IN LOT K
SG. FT. SG. FT.
8114.34
EXI5TIN6 AND ADDITION EXc:;LlJDIN6 BASEMT, 10<l<!6.5
NEl'l BAY I"lINDOI^I5 ON EXISTING LOD6E 1065
NEl'l ENTRY ON EXIST. LOD6E 60.0
TOTAL 11163
FAR. 11163/6114,34 1.26
OPEN SPAc:;E
MINIMUM OPEN SPAc:;E 35Sl\
(LOT AREA-BUILDING-PARKING)/LOT AREA
(8114..'34--3606.5-461.5)/6114.34 51 %
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5
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of
Colorado hereby certifies that H. MICHAEL BEHRENDT is the owner in fee
simple of the following described property:
LOTS K, LAND M,
BLOCK 46,
CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN, STATE OF COLORADO
ENCUMBRANCES: NONE
Subject to, easements, restrictions and rights of way of record.
This certificate is not to be construed to be a guarantee of title and is furnished for
informational purposes only.
PITKIN COUNTY TITLE, INe.
BY:
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CERTIFIED TO: ugust 17, 1999 @ 8:30 AM.
ASPENIPITKIN
COMMUNITY DEVELOPMENT bEPARTMENT
Afreement for Pavment of City of AS1)en Development Aoplieation Fees
CITY OF ASPEN (hereinafter CITY) and M I'C ht:te I B~J... r e.." elf
(hereinafter APPL,ICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to. CITY an applicatian far
5t mO,.:it....l-oJje.) ,ona:SI"_1 or;}..; miYlor PUD, J...PE'Y04VlS;OY\
(hereinafter, THE PROJECT), u A 1-1 GrYl6?S exe-""rTU,V\ )
~ APPLICANT understands and agrees that City af Aspen Ordinance No.. 49 (Series af 1998)
establishes a fee structure far Land Use applicatians and the payment af all pracessing fees is a canditian precedent
to. a determinatien af applicatian campleteness.
3. APPLICANT and CITY agree that because af the size, nature ar scape ef the prapesed praject. it
is nat passible at this time to. ascertain the full extent af the casts invalved in pracessing the applicatian.
APPLICANT and CITY further agree that it is in the interest af the parties that APPLICANT make payment af an
initial depasit and to. thereafter permit additianal casts to. be billed to. APPLICANT an a menthly basis.
APPLICANT agrees additianal casts may accrue fallawing their hearings and/ar appravals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additianal payments upan natificatian by the
CITY when they are necessary as casts are incurred. CITY agrees it will be benefited thraugh the greater certainty
afrecavering its full casts to. pracess APPLICANT'S applicatian.
4. CITY and APPLICANT further agree that it is impracticable far CITY staff to. camplete
pracessing ar present sufficient infarmatian to. the Planning Cammissian and/ar City Cauncil to. enable the Planning
Cammissian and/ar City Cauncil to. make legally required fmdings far pro.'.ct cansideratian, unless current billings
are paid in full priar to. decisien.
5, Therefore, APPLICANT agrees that in cansideratian af the CITY's waiver af its right to. callect
full fees priar to. a determinatian af applicatian campleteness, APPLICANT shall pay an initial depasit in the
amaunt af $ I J J;:3 () which is far haurs af Cammunity Develapment staff time, and if actual
recarded casts exceed the initial depasit. APPLICANT shall pay additianal menthly billings to. CITY to. reimburse
the CITY far the pracessing af the applicatian mentianed abave, including past appraval review. Such periadic
payments shall be made within 30 days af the billing date. APPLICANT further agrees that failure to. pay such
accrued casts shall be graunds far suspensian af precessing, and in no. case will building permits be issued until all
casts assaciated with case precessing have been paid.
CITY OF ASPEN
APPLICANT
By:
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By:
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ie Ann Weads
emmunity Development Directar
Date:
Mailing Address:
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ADDITION
CONTENTS:
1 COVER
2 VICINITY MAP
3 EXISTING SITE PLAN
4 PROPOSED SITE PLAN PHASE 1
5 PROPOSED SITE PLAN PHASE 2
6 FLOOR PLAN SECOND FLOOR
7 FLOOR PLAN FIRST FLOOR
8 FLOOR PLAN BASEMENT
9 SOUTH ELEVATION
10 EAST ELEVATION
11 NORTH ELEVATION
12 FIRE STAIR NEW PLAN & ELEVATIONS
13 FIRE STAIR ELEVATIONS
14 EXISTING AREA CALCULATIONS
15 PROPOSED AREA CALCULATIQNS
16 DIMENSIONAL REQUIREMENTS
17 PARKING
18 TRASH
19 LIGHTING, LANDSCAPING, PHASING
20 EXEMPTIONS, MITIGATIONS
21 ECONOMY LODGING
22 RATES
23 HISTORY OF LODGE
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OUTH ELEVATION
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AST ELEVATION
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ST MORITZ LODGE HISTORY
Lots K, L, & M, block 46, township of Aspen, were bought, in the mid-
1950's by Grace and Norman Knecht. Of Bavarian birth, they designed and
mostly self-built a three story block and framed ski lodge on a minimal budget.
The office and adjoining bedroom was their home. A lobby and 13 rooms with
bath made up the first two floors, 12 dormitories with 4 beds each and two
common baths made up the third story. Floors were linoleum, the walls were
unpainted composition board with no trim. One thermostat controlled the entire
building's comfort level. A few years later they constructed an ovoid concrete
swimming pool.
During the mid-fifties the neighborhood was a scattering of log cabins,
miner's shacks and vacant fields. The streets were unpaved, and, being on the
edge of town, meandered slightly from the normal grid, Like its North-
neighboring houses, the Lodge building was set ten feet back from the then
Willi!'s survey West lot line, which was later corrected towards the East. The
building was approved as constructed on the alley line, with parking on the City
right-of-way.
Norman died of cancer. Grace, apparently unable to keep things going,
died of alcohol and suicide. Their children, who grew up in the lodge, did not
wish to return. A series of Denver law offices, bank trustees and property
managers oversaw the rapid decline of both the business and structure during
the late sixties, It filled with dogs, cats and hippies, very few of whom paid rent.
In July of 1969, Michael Behrendt bought the lodge after competing with
two other bidders who wanted to tear it down. It was very like starting from
scratch. Over the years, in small affordable increments, the lodge was
completely made over to meet the ever-rising expectations of Aspen's tourists.
Notably: the dorms were decrowded t03 beds each, bathrooms were custom
mosaic-tiled, lots were paved, rooms and lobbies redecorated three times,
phones, voice-messaging, and computers installed, modern locks fitted, a new
cold roof installed, irrigated landscaping and gardens built, a sauna installed, the
pool completely re-built and tiled, a Jacuzzi installed, zone heating, wiring, T.V.
cable, plumbing and fire alarms retrofitted, room refrigerators and customer
laundry provided, and so on and on.
Even with all these improvements, a 13 room lodge and 33 bed youth
hostel is hard pressed to keep income rising above the ever increasing
expenses of the Aspen business climate. During the last thirty years all nine
other dormitories and half of the competing small lodges expired. Today's
customers, even in the "Economy" category, come for shorter stays, with odd
arrival dates, yet demand better maintenance, concierge service levels, long
office hours upgraded facilities, access to the NET and office support, better
23
breakfasts, and free transportation. Recall that the St Regis, represented to
never compete with the little guys, sells off-season rooms for 69 dollars. That
the promised demolition of the 150 room economy level Grand Aspen, restoring
bed balance, never happened. Recall that Lodge-but not condominium-taxes
doubled three years ago. And the last assesment went up 25%.
The St Moritz stays open year around, Due to its affordability, over 40%
of new employees coming to Aspen spend their first weeks and months staying
with us. We uniquely serve many mini-markets: Traveling businessmen and
service crews regularly come and go. 15 MAA participants live with us all
summer. BOLD, the Given Institute, ACES, hockey and figure skating seminars,
the Ski Company and other employers automatically refer their applicants to us.
We are the only hostel remaining-offering bed and breakfast for as low as 20
dollars a night. With all these, plus the regular repeating tourists, we still only
make a 2% return on equity or 7% on gross sales.
Yet somehow, if we are to remain in business, new moneys must be spent
to upgrade and maintain the existing lodge. The eight new, similarly priced
rooms we are requesting will allow us to compete for groups and to remain in
economy lodging by spreading our ever-increasing costs over a wider base.
The kitchenettes in each will broaden our market appeal and allow off-season
income. Provision will be made for meeting ADA requirements. A steam room
will replace the out-of-date sauna. The employee housing is absolutely needed-
-most of our employees now live in Rifle! The Fire Marshall has repeatedly
requested moving the fire escape to the alley. The phase 2, lodge bay window
and entrance changes, add ambiance and replace worn, heat leaking units. The
existing lodge boiler is 47 years old. A new dependable boiler will yield fuel
economies and a badly needed supply of domestic hot water.
We mustn't confuse old funky lodges with reasonably priced, personal
and attractive establishments when we think about Aspen's smaller
accommodations. And we should ask: is there a niche left in our town for small,
noncentrally located, middle-class tourist lodging? If you think there is, and if
you think they are desirable, then those that still exist need considerable
flexibility and support to survive.
24
TRASH -- Storage and Collection
The Lodge is located at the foot of Shadow Mountain, prime bear, coyote,
and raccoon habitat. For the last three years 4 neighbors have abandoned their
separate containers and used the tall 4 ydLodge dumpster to combat constant
"critter" littering. The dumpster is emptied two or three times weekly, depending
on demand. The Lodge polices the area daily, pays SFI, and collects funds
every six months.
With the advent of the new City bear-proof container laws, one more
neighbor has joined our coalition and two others have expressed interest. A
totally bear-proof container has been on order for two months. We
simultaneously combined our recycling efforts into two 40 gallon containers
located across the alley behind the lodge. These are collected once a week.
A look at the site plans will show where the recycling bins and the
dumpster have been historically located. Shadow Mountain eliminates all sun
for 2 months every winter. Several times in years past we have tried to locate
the dumpster in the alley, but, despite the best efforts of City crews and our
Bobcat, difficulty of access, particularly during Winter, made it impossible for BFI
to provide service. The present locations work best for the neighborhood, the
Lodge, and BF!.
18
Lighting
All exterior lighting will be energy conserving, downward directed and
code compliant.
Landscaping
The St Moritz's manicured gardens and pool area comprise its major
public amenity. The new wing must add to that feature. Mr. Behrendt planted
the 37 trees now growing. Two large female cottonwood trees and eight small
decorative trees must be removed from the annex footprint.
The smaller trees will be replaced, at least one for one after construction
with columnar evergreens on the annex's South side, a replanted fountain tree
on the SE corner, and 4 Aspens at the employee entrance easement.
Ordinance #34, 1995 calls for mitigation for the two female cottonwoods. If in
cash this could amount to $29,000.00. In consideration of the 1/3rd AH
employee housing ratio, and to assist us in keeping the. new tourist units in the
economy range, it is requested that this mitigation, instead, be in-kind and go to
the neighborhood.
We would like to plant two balled purple plums at the 3rd and Hyman
bikeway entrance -- to enhance landscaping already contributed and underway.
And, further, to plant up to 10 balled male cottonwoods: 3 to replace sick trees
along the bikeway in Koch Park, and 7 on the bare North side of the Ice Garden,
planted as soon as they comptete repairs.
Phasing
Phase one is the annex with 8 guest rooms, a steam room, and two
employee apartments. It would also include replacing the main lodge boiler,
adding a soft water system, and replacing the fire escape.
Phase two, to be done sometime after the first phase is all cleaned up and'
customer ready, consists of replacing 12 windows in the original lodge with
insulated, sittable bay windows, and adding a wind-break foyer to the lobby.
The small FAR increment is included in the dimensional tables.
19
Dimensional Requirements
Existing R-6 Zone Request
Minimum Front Yard
Old Building 0--21 10
New Building 10 67
Minimum Side Yard
Old Building 0--5 5 0-3 1/2
New Building 5 5
Minimum Rear Yard
Old Building 0 10
New Building 10 0
Maximum Site Coverage
Old Building 30.8% 65%
New Building 65% 43.7%
Maximum Height
Old Building 30'4" 25
New Building 25 25
Minimum Distance Between Buildings 10 10
Minimum % Open Space
Old Building 64% 35%
New Building 35% 51%
Allowable Floor Area Ratio
Old Building .882 1/1
New Building 1/1 1.283
16
St Moritz Parking
The existing Lodge has 13 hotel rooms and 12 dormitory rooms. 25 rms
X ,7 = 17.5 (today's R-6 requirement). The Lodge has 15 grandfathered
nonconforming parking spaces, all overlapping City right-ofway.
..
For 30 years this has been way more than enough parking, with no history
of citations for overtime guest parking on the streets. We regularly allow several
guests to store cars in our lots for 3 to 6 month periods while they are away.
Curing the 1998-99 winter we never had less than 5 spaces left open every
night. Winter dOrmies, especially temporary foreign workers, rarely drive. Some
35% of our hotel room guests are foreign and don't drive. Economy lodging
guests tend not to rent cars, The city and ski bus shuttles are two blocks away.
Our proximity to the commercial core and activity centers allows our guest to
walk to them. We contract with the Snow Flake Inn for airport shuttle service.
Curing Spring parking is always abundantly available, During Summers
our off-street parking is slightly fuller, with typically 3 to 4 spaces left open.
Because we house some 15 music students and 10 seasonal workers during
summers we have 24 to 30 bicycles on premises instead of cars. The main
Shadow Mountain bikeway portal is across the street. Curing Fall the lots nearly
fill up, as some 40% of employees moving to Aspen for work and housing stay
with us-they drive here. Normally, day or night parking only becomes a problem
on Hyman Street three blocks closer to town, The only parking shortages our
neighborhood experiences are during the 4th of July, and Winterskol (when the
entire city is clogged), and during a few evening events at the Ice Garden.
Street parking around 3rd and Hyman is so available that the City parking
department gives overtime permits to Rec vehicles and 30 ft trailers of guests of
downtown lodges to park inour vicinity.
We have 9 staff members, 2 of which are part-time, with primary jobs
elsewhere. 4 of the remaining 7 carpool. Day parking is never a problem as out- ,
lots empty out early. Overall then, the existing lodge is more than adequately
provided with parking, with 3 to 5 spaces left open nightly.
The new addition will have 8 hotel rooms and 2 employee units with 3
bedrooms, 11 X.7 = 7.7 spaces. There is no possible space to provide more
parking. By housing 3 to 5 staff members on premises we should reduce
present parking needs by 3 or more spaces, Existing off-street parking should
handle our needs for the remaining demand. After an aggressive .Con't bring
your car to Aspen" campaign in our literature, overflow onto the streets, if any,
may be accommodated with day permits purchased by the Lodge from the City-
as is the case with every other Lodge.
17
Lodging -- Little Economy Left
Attached are theSt Moritz's list rates. They roughly equal the other
lodges' listed as "Economy." What the sheet can't show are the prices actually
achieved. All lodges negotiate rates to some extent, and always dO'Mlward. In
the off and shoulder seasons our Economy private room rentals go as low as
$28 per night, if monthly. Dorm spaces go for as low as $15. In-season room
rates actually achieved surge for the 9 days of Christmas, then average about
$98 throughout the ski time, and $79 during summer. Travel agent and Central
Reservation commissions take 15 to 20% further.
The St Moritz will charge approximately $10 more for the new rooms
during off and low seasons, and $20 more during high periods. The ne'Mless,
quality, kitchenettes, and larger size warrant this. Higher rates than that won't
carry, because "luxury" clients will not call us - and in any event wouldn't enjoy
the ambiance mix that our current repeat clients experience and prefer.
So how have Aspen's Lodges fared since the 9/24/98 inventory?
Luxury:
Boomerang, 34 units
Beaumont, 29 units (applied to add 10 units & condominimize)
Hearthstone, 18 units (for sale)
Hotel Lenado, 23 units
Molly Gibson, 21 units (condos)
Sardy House, 22 units
Moderate,
Aspen B& B, 35 units (condos)
Hotel Aspen, 47 units (condos)
Hotel Durant, 22 units
Innsbruck Inn, 31 units
L'auberge, 19 units
Mountain House, 16 units
Shadow Mountain Lodge, 11 units (condos)
Economy, Lost: Buckhorn, 8 units - office & AH conversion
Grand Aspen, 150 units - tear do'Ml, luxury conversion
Heatherbed - AH conversion
Ullr, 22 units - AH conversion
Remain: Chalet Lisle, 8 units
Christiania, 22 units (attempting to convert)
Christmas Inn, 26 units (for sale)
Holland House, est 20 units
Skier's Chalet, est 20 units
St Moritz, 25 units applying to add 10)
Snow Queen, 7 units
Tyrolean, 12 units 21
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Maller Depoalt & Canoellatloa Polley
Two nights' deposit due within 10 days of booking, Deposits are
refundable, minus a 20% handling fee, if notice of cancellation is
received by the St Moritz Lodge 21 days or more prior to arrival.
.Final payment is due at least 21 days prior to arrival. I( cancellation
is made between 20 and 8 days prior to arrival, then the first two
nights' deposit is forfeited and final payment is refunded, If notice
of cancellation is received 7 days or less prior to arrival, then deposit
is forfeited and refund of final payment is based on number of nights
resold. No refund for early'departure.
.Final paymentier bookings between 12/22 to 1/3 are due 30 days
prior to arrival. Twenty-nine days or less deposit is forfeited and
refund of final payment is based upon resale.
1999 Summer Rates
4/12.6/1 6/2 9/7
&. to to
10/10.11/23 9/6 10/9
TYPE OF UNIT (sm/OCC)
Standard room/1 bath (2) 44 95 69
1-bdm condo (2) 64 139 99
2~bedroom unit (4) 75 159 119
2-bdnn condo/l.bath (4) 95 189 139
2-bdrm condo/2-bath (4) 119 219 159
Smail room/shared bath (2) 34 75 55
Shared hostel room daily 25 35 29
10 to 29 days 19 29 24
30 or more days 15 22 20
.
SWIlDler Depot:lt &: CancelladoD Policy
Two nights' deposit due within 10 days olbooking. Deposit is rei undable (nunus
20% handlfng fee) ifnoUce oi c.\ncelllltion Is received by theSt. Moritz Lodge 11
days or more prior to arrival dale. 10 days or less depOsit 15 forfeited. Fina!
payment is due upon check-in. Full p"yment is required at time of booking lor
HolJday periods and specl.,! events.
GUESTS SBllVICBS, AMENITIES AND INFORMATION
Continental Breakfast Extra person charge ($15)
(winter &-sununer se<lSons) Children 17 and Under
Apres ski parties nochargewhensharingwithparents
Pool/Whirlpool Check-in: 4 p.m.
Sa una Check-out: 10 a.m.
Cable TV No pets allowed
Any Day Arrival State Tax: 8.2% (subject to change)
Daily maid service Group Rates & Ski Packages
are available
All rooms have small refrigerators.
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334 West Hyman Ave
Aspen, CO 81611
800-817-2069 (970) 925-3220 Fax (970) 920-4032
1998-1999
Rstes
&. INFORMATION
The SI. Moritz is a friendly European.style lodge offer-
ing its guests a comfortable and relaxed atmosphere at a
very affordable price, Located at the foot of Shadow
Mountain in the quiet west end, two blocks to the free
shuttle service, the lodge offers a wide range of accom~
modations. Choose from standard hotel rooms to 1 & 2
bedroom condominiums with the full comforts of home.
For the economy minded traveler we offer small private
rooms with shared bath as well as shared hostel rooms.
Appreciate more of Aspen's exciting winter and
summer activities by staying at the affordable
St. Moritz Lodge.
1998-99
Wmter Rates
11/25-12/21 12/22 1/4 2/6 3/20
&. to to to to
4/5-4/11 1/3 2/5 3/19 4/4
TYPEOFVNIT(SID/OCC)
Standard Room/I-bath (2) 79 209 119 169 119
l-bdnncondo(2) 120 289 179 219 139
2-bedroom unit (4) 125 299 199 229 149
2,bdnncondo/l'bath(4) 165 369 249 309 199
2,bdrmcondo/2-baths (4) '189 399 279 339 229
Smail coom/shared bath (2) 65 125 95 109 89
Shared hostel room daily 29 48 38 38 35
10-29days 25 39 33 33 31
30 or more days 21 30 24 24 24
See other side for additional rates & information.
22
MEMORANDUM
TO:
FROM:
Chris Bendon, Planner
Jeff Woods, Parks Director
Stephen Ellsperman, Parks Forester
August 18, 1999 1-
Pre-Application for 33$ West Hyman Street
DATE:
RE:
All trees to remain on site shall be fully protected with a structural fence (before
construction begins) placed outside the dripline. No excavation or storage of materials
will be allowed within this barrier. Trees shall be provided adequate moisture (irrigation)
during periods of construction.
Applicant to submit a Tree Removal Permit to mitigate for removal of four (4)
cottonwood trees to the Parks Department prior to construction.
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AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATION
SECTION 26.304.060 (E)
rn~&:t~J &hreryk
, being or representing an
pen, personally certify that I have complied with the public notice
:ction 26.304.060 (E) of the Aspen Land Use Regulations in the
>tice, a copy of which is attached hereto, by fust-class, postage prepaid
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U.s. Mail to all owners of property with three hundred (300) feet of the subject
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property, as indicated on the attached list, on the n-uay of Pc)", f99_ (which is [7
days prior to the public hearing date of llJ-u.
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
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from the ~~~ day of t/tJ.-1iiJev, 199'1 (Must be posted for at least ten (10) full
days before the hearing date). A photograph of the posted sign is attached hereto.
~~.lIC NOTICE
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM:
Christopher Bendon, Planner
RE:
St. Moritz Lodge Minor Planned Unit Development (PUD) - Public Hearing
Second Reading of Ordinance No. 46, Series of 1999.
DATE:
November 8,1999
SUMMARY:
Michael Behrendt, applicant and owner of the St. Moritz Lodge, is requesting Minor
Planned Unit Development (PUD) approval to construct an addition of eight lodge
rooms and two affordable housing units on the existing St. Moritz Lodge. This is the
first project to come forward under the revised PUD regulations and the newly
adopted LP Program.
The GMQS allotments for this project have been granted by the Planning and Zoning
Commission. The eight lodge units are proposed along the alley way and will create
an "L"-shaped building. The two affordable housing units are proposed in the
basement of this new addition and represent substantially more mitigation than
required by the AspenlPitkin County Housing Authority.
The City's newly adopted PUD process allows all of a property's dimensional
requirements to be established through the final PUD. This includes parking, FAR,
and setbacks. Staffhas reviewed this Minor PUD against all of the applicable criteria
and finds the project in substantial compliance. The Commission reviewed this
Minor PUD and has unanimously recommended City Council approve the project.
~~\(\
During the first reading of this Ordinance, City Council posed several fee waiver
questions to staff and the possible flexibility that may be offered to the developer.
Staff and the applicant have discussed methods addressing these fees with several
City Departments and is suggesting a few amendments to the Ordinance. A more
detailed discussion of these fees and the flexibility being suggested by staff may be
found under the heading "Fee Waivers."
Staff recommends City Council adopt Ordinance No. 46, Series of 1999.
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FEE WAIVERS:
On page 20 of the application the applicant has detailed the various development fees.
Of this list, Council currently has the ability to waive the Park Impact fees associated
with the affordable housing. Water Tap fees are waived for projects that are 100%
affordable housing, which this project does not qualify,
Tree Replacement:
One issue that was raised during the first reading was the developer's ability to reduce
fee payment with actual work- "sweat equity." The tree replacement requirements
for this property are fairly high with few areas to replace trees on-site. This typically
results in a cash payment to the Parks Department for the difference. The Parks
Director, however, has the ability to accept off-site tree replacement rather than the
fee. In meeting with the Director of Parks, the applicant has agreed to a few locations
for trees to be installed in the St. Moritz neighborhood. This has the benefit of
reducing actual costs on the applicant (because he can install trees for less than the
payment) and directly improving the quality oflandscape in the neighborhood.
Language in the Ordinance has been included regarding this provision.
"Hold Harmless"
One suggestion was to incorporate a provision into the St. Moritz approvals that
would allow the developer to recover impact fees paid if a subsequent City policy
amendment results in a lesser fee. The benefit of this "hold harmless" agreement
would be to allow the development to proceed independent of potentially more
involved discussion about the City's fee structure. Staff has included a clause in the
Ordinance allowing the developer to assume any benefit of a revised fee structure if
adopted within one year of this Ordinance. This provision is recommended and has
been included in Section 5 of the Ordinance.
Amortization:
Another idea discussed is the City's ability to amortize or delay fees until the project
is completed and the developer can achieve some cash flow on the improvement. The
benefit of this concept is that an amortization period can be established through this
Ordinance and the developer, and the financier, can easily determine the value of the
grace period.
The City Finance Director has made a few suggestions regarding delayed payments.
(j) First, the time period should be concise. Second, a letter of credit should be accepted (f)
by the City that would allow the City to recover the expenditure if needed. Thirdly,
the City should have the ability to recover the deflated value of future money by
applying a ercenta era for the payment period. This rate is expected to be in the 6
to 6Y2 percent range. ' '3
The two largest fees associated with this development are Water Tap fees and Parks
Impact fees. According to the Directors of both of these departments and the City
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Finance Director, a delayed payment of these fees would not significantly effect the
current budgets for these departments.
If an amortization period is established, staff suggests the period conclude on the one
year anniversary of issuance of a Certificate of Completion. This period will allow a
significant amount of time for the developer to recover a cash flow from the
improvements. Requirements for a letter of credit have been included in the
Ordinance as well as a requirement for establishing an interest rate with the Finance
Director. This strategy is recommended and the language has been included in
Section 6 of the Ordinance.
Housing:
Lastly, the idea of offsetting the Parks Impact fee with housing for Parks Department
employees was discussed. City Council would need to decide on the desirability of
accepting units instead of cash. It should be noted that the Parks Department is
seeking to create units for its employees.
ApPLICANT:
Michael Behrendt, owner.
LOCATION:
334 West Hyman Avenue.
ZONING:
Medium Density Residential, Lodge Preservation Overlay. R-6-LP.
LOT SIZE:
8,714 square feet.
LOT AREA (FOR PURPOSES OF FAR CALCULATION):
8,714 square feet.
FAR:
Allowable
Existing
Proposed
-- Underlying Zone District or as established through PUD.
-- approx. .882 or 7,686 square feet.
-- approx. 1.28 or 11,183 square feet.
CURRENT LAND USE:
25 room lodge building.
PROPOSED LAND USE:
Same, with additional 8 lodge rooms and 2 employee units.
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PREVIOUS ACTION:
The Planning and Zoning Commission recommended approval of this PUD. The City
Council considered and adopted this Ordinance upon first reading on October 25,
1999.
REVIEW PROCEDURE:
Minor P UD. At a duly noticed public hearing, the Commission shall recommend by
Resolution the City Council approve, approve with conditions, or deny the
application.
STAFF COMMENTS:
The LP Program was recently adopted after a lengthy process to determine the
ultimate manner in which the program could serve the interests of the community.
This LP Program was adopted, in part, to serve the goals of the community as
expressed in the MCP. In staff's opinion, after aiding the elected and appointed
officials in the adoption of the LP Program, this project meets the spirit and intent of
the Program. In fact, this project represents what many envisioned as the ultimate
goal of the Program.
The LP Program seeks to maintain and bolster the small lodge experience that
differentiates Aspen from other resort communities. Over the years, some small
lodges have become defunct due to changes in the lodging market, conversion to
more profitable land uses, and, in some instances, lack of upkeep and general
maintenance. Operating a small lodge certainly takes more effort than developing a
duplex. At the same time, however, the quality of the guest experience, the economy
of the town, and the character of dispersed lodges in the town's neighborhoods benefit
the community immeasurably, In fact, in ways identified as important to the overall
well-being of the town in the community plan. For these reasons, staff believes this
project meets and promotes the goals of the MCP.
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit "B." The application has been
included as Exhibit "C."
RECOMMENDATION:
Staff recommends City Council approve the St. Moritz Lodge Minor Planned Unit
Development, 334 West Hyman Avenue, with the following conditions:
I. 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).
b. A statement about the long-term maintenance of the common central courtyard
and pool area.
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c. An agreement to enter into a future lease agreement for on-street parking spaces
for guests of the lodge if necessary,
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, location of
utility pedestals, and a note stating that a witness comer will be installed on the
north east corner of the property after completion of construction.
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 a 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, for both the lodge expansion and the Minor PUD,
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.
S. The building plans shall demonstrate an adequate fire sprinkler system and alarm system
fOr the new portion of the structure.
6. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the,conditions of approval have been read and understood.
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b. All tap fees, impacts fees, and building permit fees shall be paid, If an alternative
agreement to delay payment of the WaterTap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
c. The studio employee unit shall be deed restricted to Category 2, or lower, ,and the
two-bedroom employee unit shall be deed restricted to Category 3, or lower, with
the AspenlPitkin County Housing Authority.
d, Existing vegetation where construction activity is expected shall be protected by
tying-back limbs and surrounding vegetation with construction fencing.
7. The applicant shall encourage visitors to not rent a car when staying at the St. Moritz
through marketing information.
8. Two parking spaces shall be designated on the Final PUD Plans as available for the
employee units.
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.
II. 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 ofthe AspenlPitkin 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 material representations made by the applicant in the application and during public
meetings with the Planni,ng and Zoning Commission and the Aspen City Council shall be
adhered to and considered conditions of approval, unless otherwise amended by other
conditions.
RECOMMENDED MOTION:
"I move to adopt Ordinance No. 46, Series of 1999."
CITY MANAGER COMMENTS:
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ATTACHMENTS:
Exhibit A --
Exhibit B
Exhibit C --
Review Criteria and Staff Comments - PUD
Referral Agency Comments
Development Application
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager
John Worcester, City Attorney 'cr'
Julie Ann Woods, Community Development Director .
Joyce Ohlson, Deputy Director-JA.-ti
Christopher Bendon, Planner ~
St. Moritz Lodge Minor Planned Unit Development (PUD)
First Reading of Ordinance No. tJk., Series of 1999.
FROM:
RE:
DATE:
October 25, 1999
SUMMARY:
Michael Behrendt, applicant and owner of the St. Moritz Lodge, is requesting Minor
Planned Unit Development (PUD) approval to construct an addition of eight lodge
rooms and two affordable housing units on the existing St. Moritz Lodge. This is the
first project to come forward under the revised PUD regulations and the newly
adopted LP Program.
The GMQS allotments for this project have been granted by the Planning and Zoning
Commission. The eight lodge units are proposed along the alley way and will create
an "L"-shaped building. The two affordable housing units are proposed in the
basement ofthis new addition and represent substantially more mitigation than
required by the Aspen/Pitkin County Housing Authority.
The City's newly adopted PUD process allows all of a property's dimensional
requirements to be established through the final PUD. This includes parking, FAR,
and setbacks. The Minor PUD process requires adoption of an Ordinance by the City
Council after recommendations from staff and the Planning and Zoning Commission
are forwarded.
Staff has reviewed this Minor PUD against all of the applicable criteria and finds the
project in substantial compliance. The Commission reviewed this Minor PUD and
has unanimously recommended City Council approve the project.
Staff recommends City Council adopt Ordinance No. h, Series of 1999, upon
first reading.
APPLICANT:
Michael Behrendt, owner.
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LOCATION:
334 West Hyman Avenue.
ZONING:
Medium Density Residential, Lodge Preservation Overlay. R-6-LP.
LOT SIZE:
8,714 square feet.
LOT AREA (FOR PURPOSES OF FAR CALCULATION):
8,714 square feet.
FAR:
Allowable
Existing
Proposed
-- Underlying Zone District or as established through PUD.
-- approx. .882 or 7,686 square feet.
-- approx, 1.28 or 11,183 square feet.
CURRENT LAND USE:
25 room lodge building.
PROPOSED LAND USE:
Same, with additional 8 lodge rooms and 2 employee units.
PREVIOUS ACTION:
City Council has not previously considered this application.
REVIEW PROCEDURE:
Minor PUD. At a duly noticed public hearing, the Commission shall recommend by
Resolution the City Council approve, approve with conditions, or deny the
application.
STAFF COMMENTS:
The LP Program was recently adopted after a lengthy process to determine the
ultimate manner in which the program could serve the interests of the community.
This LP Program was adopted, in part, to serve the goals of the community as
expressed in the AACP. In staffs opinion, after aiding the elected and appointed
officials in the adoption of the LP Program, this project meets the spirit and intent of
the Program. In fact, this project represents what many envisioned as the ultimate
goal of the Program.
The LP Program seeks to maintain and bolster the small lodge experience that
differentiates Aspen from other resort communities. Over the years, some small
lodges have become defunct due to changes in the lodging market, conversion to
more profitable land uses, and, in some instances, lack of upkeep and general
maintenance. Operating a small lodge certainly takes more effort than developing a
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duplex. At the same time, however, the quality of the guest experience, the economy
of the town, and the character of dispersed lodges in the town's neighborhoods benefit
the community immeasurably. In fact, in ways identified as important to the overall
well-being of the town in the community plan. For these reasons, staff believes this
project meets and promotes the goals ofthe AACP.
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit "B." The application has been
included as Exhibit "C."
RECOMMENDATION:
Staff recommends City Council approve the St. Moritz Lodge Minor Planned Unit
Development, 334 West Hyman Avenue, with the following conditions:
I. 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).
b. A statement about the long-term maintenance of the common central courtyard
and pool area.
c. An agreement to enter into a future lease agreement for on-street parking spaces
for guests of the lodge if necessary.
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, location of
utility pedestals, and a note stating that a witness comer will be installed on the
north east comer of the property after completion of construction.
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 a 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.
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b. The conditions of approval, for both the lodge expansion and the Minor PUD,
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.
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.
8, The building plans shall demonstrate an adequate fire sprinkler system and alann system
for the new portion of the structure.
9. 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.
c. The studio employee unit shall be deed restricted to Category 2, or lower, and the
two-bedroom employee unit shall be deed restricted to Category 3, or lower, with
the AspenlPitkin County Housing Authority.
d. Existing vegetation where construction activity is expected shall be protected by
tying-back limbs and surrounding vegetation with construction fencing.
12. The applicant shall encourage visitors to not rent a car when staying at the St. Moritz
through marketing information.
13. Two parking spaces shall be designated on the Final PUD Plans as available for the
employee units.
14. No excavation or storage of dirt or material shall occur within tree driplines.
15. 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.
16. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 7 p.m.
17. 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 ifthe units comply with the representations made in the
application.
18. 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
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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.
19. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission and the Aspen City Council shall be
adhered to and considered conditions of approval, unless otherwise amended by other
conditions.
RECOMMENDED MOTION: , LL/ _
"I move to adopt Ordinance NO.?:B Series of 1999, upon first reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A --
Exhibit B
Exhibit C --
Review Criteria and Staff Comments - PUD
Referral Agency Comments
Development Application
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Exhibit A
St. Moritz PUD
. STAFF COMMENTS: Minor Planned Unit Development - Section 26.445
26.445.050 Review Standards: Conceptnal, Final, Consolidated, and Minor pun.
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 AACP encourages the preservation of small lodges such as the St. Moritz. "The community
must find ways to maintain these small lodges and the experience they offer to our guests."-
CommerciallRetail section philosophy statement '93 AACP. In addition, the Lodge Preservation
Program Ordinance as adopted for the specific purpose of preserving small lodges and aiding in
their development and re-development as lodges. Lastly, the LP Ordinance was adopted, in part,
to further community goals as expressed in this document related to the small lodge experience
characteristic of Aspen. Staff believes this project is consistent with and promotes the goals of,
the AACP.'
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
Staff Finding:
The St. Moritz Lodge is located in a primarily residential neighborhood. The LP Overlay Zone
District, however, allows these small lodges to continue and expand when compatible with the
, neighborhood. The bulk of the expansion is proposed along the alley and will effect a closed-in
feeling along the alley, although no safety issues are expected. This placement of the units is
preferred over providing the addition along either of the two public streets. The "L" -shaped
building will also provide an enclosure around the existing pool which is to remain.
3. The proposed developmeut shall not adversely affect the future development of
the surrounding area.
Staff Finding:
The development is not expected to adversely affect the developability of the surrounding area.
The applicant will be upgrading infrastructure ,as needed and will be improving the fire safety of
the building. The surrounding zoning and land uses are primarily residential and are essentially
built-out with only redevelopment potential remaining,
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.
St. Moritz PUD Comments Page 1
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Staff Finding:
The Lodge units may be exempted by the Planning and Zoning Commission and the application
is requesting that action be taken. The project received 6 lodge allotments and one employee unit
through the previous LP Program. These allotments are still valid, as the applicant has been
actively seeking this pun approval for the dimensional flexibility to locate the units on-site.
There are currently 38 LP Lodge Units available and the application is requesting 2 from that
pool to complete the 8 lodge units being contemplated in this pun. The applicant is also
requesting I additional employee unit to complete the 2 in this application. The allotments have
been considered and granted by the Commission.
B. Establishment olDimensional Requirements:
The final PUD development plans shall establish the dimensional reqnirements for all
properties within the PUD as described in General Provisions, Section 26.445.040,
above. The dimensional reqnirements 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 surronnding 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 surroundiug 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:
Staff believes the proposed dimensions of this pun to be appropriate and compatible with the
surrounding area. There are no natural hazards or site conditions that make this level of
development difficult, unsightly, or undesirable. In fact, this addition will benefit the existing
development and help ensure the continued desirability of this lodge.
2. The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriate and favorable to the
character ofthe proposed PUD and of the surrounding area.
Staff Finding:
The addition will be along the alley Way and will not create a feeling of significant mass along
Hyman Avenue. The site is currently approximately 64% open and is proposed to be
approximately 51 % open after the addition. This lesser percentage of open space is consistent
with the surrounding neighborhood and is, in fact, equal to, or slightly greater than, many of the
adjacent properties in the neighborhood, including residential development. The character
proposed is typical of small lodges of this era and is suitable for this neighborhood.
SI. Moritz PUD Comments Page 2
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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.
StaffFinding:
The existing parking situation is somewhat odd and staff requested an explanation of the existing
parking be provided in the applications. There are 15 parking spaces serving the existing
development. Many of these spaces lie partially within City right-of-way. According to the
owner, who has operated this lodge since 1969, there are rare instances when parking is a
problem. These are typically when parking is a problem throughout town, such as the 4th of July
and Winterskol. On average nights, the owner reports between 3 and 5 parking spaces open and
available. During the day, the parking lots are primarily empty.
Staff concurs with the applicant after visiting the site during several times to consider the parking
situation. There exists an abundance of parking during an average day during the summer season.
The parking lot was full during the annual volleyball tournament. Of course, there was literally
no available parking in the entire area during the tournament.
The applicant is requesting a waiver of the parking requirements for these additional lodge units
and employee units. Based on the owner's report of the parking situation and staff's site
inspections, staff supports the waiver and believes the additional lodge units will not generate a
parking problem. Staff is, however, recommending a few conditions be applied for this parking
situation:
I. The applicant shall encourage visitors to not rent a car when staying at the St. Moritz through
marketing information.
2. The City Council should require the applicant to enter into an agreement with the City
Engineering Department for the parking spaces which lie partially within the City right-of-
way and show the agreement on the final plat.
3. The applicant should be required to enter into a lease agreement with the City Parking
Department for guest street parking spaces as needed. (Currently the extra street parking
spaces are not needed.)
4. Two parking spaces shall be described on the Final PUD Plan as available for the employee
units.
Staff believes these conditions of approval specific to parking will appropriately address the lack
of providing additional parking at this location. This is due to the number of cars expected to be
generated by the additional units, the benefit of housing employees on-site rather than
accommodating their autos on a daily basis, the shuttle service provided by the St. Moritz in
coordination with the Snowflake Inn, and the proximity of the St. Moritz to the center of town,
ski lifts, etc.
St. Moritz PUD Comments Page 3
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4. The maximum allowable density within a pun 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 pun 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 hazards 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 pun 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 addition of the lodge rooms and the provision of affordable housing on-site both promote
goals expressed in the AACP. The underlying Zone District (R-6) does not provide for lodges
and, subsequently, does not provide a maximum density of lodge units. However, there exists no
St. Moritz PUD Comments Page 4
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limitation on the number (density) of lodge rooms within a lodge or on a property as long as the
use is allowed. The LP Overlay allows the lodge use in addition to the uses allowed in the R-6
Zone District. So, there is technically no increase in density necessary for the lodge units, only an
increase in FAR to accommodate additional units.
The affordable housing is an allowed use pursuant to the LP Overlay. The overlay allows for the
density to be that of the underlying zone district, or as otherwise established through the PUD
process. The underlying zone district is R-6 which does not prescribe a maximum density for
multi-family structures (because they are not a permitted use in R-6). So, again, there is no
maximum density to vary from what is allowed in the underlying district. The density is merely
established through this PUD process. Based on the AACP goals of providing affordable housing
on-site in conjunction with additional development, staff believes this additional residential
density is desirable and warranted. The Final PUD plans should indicate the number of lodge
units and residential units.
C Site Design.
The purpose of this standard is to ensure the pun euhances public spaces, is
complimentary to the site's natural and mau-made features and the adjacent
public spaces, and ensnres 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 uniqne, provide
visual interest or a specific reference to the past, or contribnte to the identity of
the town are preserved or enhanced in an appropriate manner.
Staff Finding:
The addition is proposed in a location to preserve the pool and center courtyard area. This
placement maintains the visual interest of the property and adds to its identity. This is a feature
of many of the lodges of this era and should be encouraged as an appropriate character of the
small lodge experience.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
Staff Finding:
There is only one structure. Not applicable.
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:
The placement of the addition preserves the view of the center courtyard and pool area from the
street. This placement preserves the visual engagement of by-passers and is appropriate. This
site almost defines the boundary between the urban areas of Aspen and the rural areas of Shadow
Mountain and the County. This areahas always had a sharp contrast between the two landscapes
and staff does not see this furtherance of the visual difference as detracting in any way from
either aesthetic. In fact, the lodging experience is most likely enhanced with such easy visual and
literal access to Shadow Mountain.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
St. Moritz PUD Comments Page 5
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Staff Finding:
The applicant has proposed a reconfigured fire access way to accommodate the concerns of the
Fire Marshall and the Building Official. There are no new access ways necessary or proposed.
The Fire Marshall reported no present difficulties in servicing this site and requested no
additional improvements to the older portion of the building. The new portion will need to be
equipped with a sprinkler system and an alarm.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding:
The site plan provides a sufficient amount of pedestrian access. The applicant is proposing one
(I) ADA compliant lodge unit on the first floor which can be accessed easily. This ADA
accessible unit is not required by the building code (for only 8 units) but is encouraged and is
appreciated. The affordable housing units, again due to the limited number being proposed, do
not have to be ADAcompliant. The City Engineer has requested a sidewalk curb and gutter
agreement be executed prior to the application for a building permit.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding:
The City Engineer has requested a drainage plan and report be prepared, accepted, and recorded
with the Final PUb Plans. This drainage will need to be accommodated on-site according to a
two-year storm frequency design.
7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programatic functions associated with the use.
Staff Finding:
The interior courtyard surrounds an outdoor pool area and the space has been designed to
accommodate that use, This criteria loosely applies because the pool is already developed
and is intended to remain. Staff believes this criteria has been met.
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.
Staff Finding:
The existing landscape of the parcel provides a variety of species in an attractive manner. The
addition is proposed in a location where some of this existing vegetation will need to be removed.
The remaining portion of the lot, however, will primarily retain the existing vegetation and no
additional landscape trealment is being recommended. Staff believes this criteria has been met
with the landscape plan suggested in the application,
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.
St. Moritz PUD Comments Page 6
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Staff Finding;
The swimming pool is probably the only site featnre that falls under this criteria. This outdoor
pool does provide some uniqueness to this lodge and is being preserved with this proposal. Staff
believes this criteria has been met.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding:
Significant existing vegetation will need to be protected from construction activities. Staff has
suggested a condition requiring the applicant tie-back and protect with construction fencing the
existing vegetation where appropriate depending upon construction access routes. This should
be accomplished prior to issuance of a building permit. No excavation or storage of dirt or
material should be allowed within the drip lines. Tree removal permits will need to be obtained
per the tree replacement Ordinance for the existing cottonwood trees.
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 ofthe building's use,
the building's proposed massing, proportion, scale, orientation to public spaces
aud 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 architecture proposed for the addition is in the same style as the existing building
and is appropriate. Staff believes this criteria has been met.
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:
This standard is somewhat difficult to achieve on additions to existing buildings. To
the extent practical, the applicant has oriented the structure in a manner conducive to
solar heating and the mechanical system of the existing building will serve the new
addition. Staff believes this standard has been met, to the extent practical.
3. accommodate the storage and shedding of snow, ice, and water in a safe and
appropriate manner that does not require significant maintenance.
St. Moritz PUD Comments Page 7
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Staff Finding:
The roof pitch of the proposed addition is somewhat shallow and will probably not shed
snow on a regular basis. Staff has included a condition requiring the applicant provide
snow stops to prevent the shedding of snow onto either the courtyard or the alley way,
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 manuer.
2. All exterior lighting shall in compliance with, the Outdoor Lighting Standards
unless otherwise approved and noted in the final pun documents. Up-lighting
of site features, buildings, landscape elements, and lighting to call inordinate
attention to the property is pro hi bitted for residential development.
Staff Finding:
The applicant has proposed lighting that will be down directional and in .compliance with the
City's lighting code, as proposed. Staff has included a condition prohibiting up-lighting of
architectural and landscape features of the site.
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,
cousidering 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 beuefit of the various land uses and property users of
the PUD.
Staff Finding:
The courtyard area serves as open space and as a recreation area to the benefit of the property
users, This amount, location, and design of this area is beneficial to the overall project and
provides a desirable visual relief from the mass of buildings. Staff believes this criteria has been
accomplished.
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.
StaffFinding:
This standard does not apply. The interest in the courtyard area is not proposed to be
divided and will remain with the lodge owner and management of the operation.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and
St. Moritz PUD Comments Page 8
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shared facilities together with a deed restriction against future residential,
commercial, or industrial development.
Staff Finding:
Due to the undivided nature of this courtyard and the nature of this use, staff does not
believe there should be required a separate legal instrument to ensure the continued
maintenance of the space. This is primarily due to the fact that the long-term viability of
the lodge will somewhat depend upon the visual attractiveness of the courtyard and
common grounds. An additional legal instrument requiring the applicant to maintain this
space would not serve any significant benefit. However, to meet this standard it is
important to include this maintenance assurance in the PUD Agreement. This will
protect the City and the neighborhood against a future land owner who may not share the
same sensibilities as the current applicant. Staffhas included this as a condition.
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.
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:
The applicant has agreed to fund his fair share of utility expenses as required. This
includes a new service line for the sanitary sewer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for
the additional improvement.
Staff Finding:'
No oversized utility stubs were requested to be installed with this development.
L 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 POO 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.
St. Moritz PUD Comments Page 9
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Staff Finding:
The structure and all uses on the lot have adequate access to the public street system,
2. The proposed development, vehicular access points, and parking arrangement
do not create traffic congestion on the roads snrrounding the proposed
development, or such surrounding roads are proposed to be improved to
accommodate the development.
Staff Finding:
The applicant's existing parking is partially to mostly within the City right-of-way, This
condition has been present since the creation of the building and has not presented a
significant burden for the Streets Department operation, In fact, the Streets Department
Director complimented the applicant on his application and did not request any changes
to the parking configuration.
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 surronnding 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.
Staff Finding:
The applicant is proposing two phases of development The entire addition will be within the
first phase and is designed to be self-sufficient The second phase is primarily minor aesthetic
improvements, although some additional FAR will be attributed to the second phase.
2. The phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction oflater phases.
Staff Finding:
Occupants of the lodge units are not pennanent occupants of the pun and should not be greatly
affected by the improvements of phase two. Likewise, the level of improvements for phase two
are minor and are not expected to significantly inconvenience residents of the employee units,
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-Iieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required llffordable housing, and any mitigation measures
are realized concurrent or prior to the respective impacts associated with the
phase.
Staff Finding:
All infrastructure improvements necessary are proposed to be performed during phase
one.
St. Moritz PUD Comments Page 10
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MEMORANDUM
To: Chris Bendon, Planner
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Thru: Nick Adeh, City Engineer ~d c.~
From: Chuck Roth, Project Engineer (2'fC.
Date: September 24, 1999
Re: St. Moritz Minor P.U.D. and Lodge Expansion
334 West Hyman Avenue
Parcel ill No. 2735-124-64.004
The Development Review Committee has reviewed the above referenced application at their
August 18, 1999 meeting, and we have the following comments:
General- (1) These comments are based on the fact that we believe that the submitted site plan is
accurate, that it shows all site features without misrepresentation, 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 halt complaints related to approvals tied to "issuance of
building permit." (2) If there are any encroachments into the public right-of-way" the encroachment
must either be removed or be subject to current encroachment license requirements if continuation
of such encroachment would be acceptable to the City.
1. P.D.D. Plat - The application lacked a draft PUD plat. A PUD plat needs to be provided,
reviewed, revised as necessary, and recorded prior to submitting a building pennit application. The
plat needs to be prepared to meet the requirements of the City Code in ~26.88.040.D.l.a and 2.a.
The following are comments based on information at hand:
a. Include a statement by a surveyor that "All easements of record as indicated on Title
Policy No. _, dated [within the past 12 months] are shown hereon."
b. Identify all of the encroachments (parking, landscaping, fire escape, dumpster) and
provide a general note referencing a temporary encroachment license for the life of the
building recorded at Reception No.
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c. The plat must show an easement on the adjacent property for the drywell, as proposed by
the applicant. An easement document for the drywell must be provided or certificates
provided on the plat to convey the easement by the adjacent property owner(s).
d. The northeast comer of the property requires a permanent monument because
development will be occurring on that portion of the property. However a monument would
be removed during the construction. Therefore that comer should be indicated referencing a
general note that states that a wi1ness comer monument will be install for that comer at the
completion of construction.
e. Symbols on the face improvement survey drawing are not listed in the legend for the
southwest comers of the property. The plat must clarifY this.
f. Indicate all parking spaces with lines for proposed striping.
g. ClarifY that the 6.6' dimension at the northeast comer is to a building comer.
h. The property must be tied to either a USGS Section comer or a City Grid System
monument.
i. Indicate an easement for the utility pedestals that are planned to be relocated out of the
alley right-of-way.
2. Site Draina2e - The existing City storm drainage infrastructure system does not have additional
capacity to convey increased storm runoff. The site development approvals must include the
requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a
requirement that the building permit application include a drainage mitigation plan (24"x36" size
plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in
the State of Colorado, submitted as part of the building and site plan, as well as a temporary
sediment control and containment plan for the construction phase. Ifdrywells are an acceptable
solution for site drainage, a soils report must be provided with percolation test to verifY the
feasibility of this type system. 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 utility easements. The drywell may not encroach into the alley right-of-
way. 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 building permit drawings. 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.
3. Sidewalk, Curb & Gutter - Due to the unusual site location, sidewalk, curb and gutter will not
be required at this time. Therefore the applicant needs to submit a signed and notarized sidewalk,
curb and gutter construction agreement and recording fees at the time of final plat. Any curb and
2
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gutter installed across the street by the applicant may be deducted from the lineal feet of curb and
gutter stated in the agreement.
4. Easements - The applicant needs to provide the Engineering Department with copies of the title
commitment and all of the easements referenced therein.
5. Utilities - All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in the public right-of-way. Existing pedestals in alley right-of-way
adjacent to property need to be relocated onto private property. For pedestals and transformers,
easements must be provided and should be indicated on the [mal plat. Meter locations must be
accessible for reading and may not be obstructed by trash storage.
6. Fire Protection District - The new building needs to be sprinklered. A fire alann system will
be required. No work is being performed on the old building so no fire safety improvements are
required for the old building.
7. Parks Department - Trees must be protected during construction. A tree removal permit will
be required for the cottonwood tree.
8. Improvement Districts - The applicant should be required to agree to join any improvement
districts that are formed for the purpose of constructing improvements in adjacent public rights-of-
way and to provide a signed and notarized agreement with recording fees at the time of final plat.
9. Work in the Public Ri2ht-of-way - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120)
for vegetation species, and streets department (920-5130) for mailboxes, street and alley cuts, and
shall obtain permits for any work or development, including landscaping, within public rights-of-
way from the city community development department.
DRC Meeting Attendees
Staff: Ed Van Walraven, Chris Bendon, Sarah Oates, Stephanie Millar, Kanna Borgquist, Stephen
Kanipe, Nick Adeh, Cheryl Christiansen, Jack Reid, Chuck Roth
Applicants' Representatives: Michael Behrendt, OlafurJohannsson
99M127
3
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Aspen Consolidated Sanitation" District
. ~ By Kelly * Chairman.
Paul Smith * Treas
Mieha~1 Kelly * Seey ,
john Keleher
Frank Loushin
Bruee Matherly, Mgr
September 17, 1999
Chris ,Bendon
Community Development
1:JQ S.Galena St.
Aspen, C081611
.
Re: St. Moritz Minor PUD and Lodge Expansion
D~ar Chris:
, The Aspen Consolidated Sanitation District currently has sufficient collection and treatment
capacity to serve this proposed development. Service is contingent upon compliance with the
District's rules, regulations, and specifications which are on file at the District office.
Once detail\)dplans are available; a tap permit Can be completed which will estimate the fees for
the project. We would reqllest, as a conditionaf approval, that the fe\)sbe paid prior to the
issuance of a building permit. A new servic,e line will be required for the developmerit.
Please call if you have any questions.
Sincerely,
~'~~~~
Bruce Matherly
District Manager
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SEP 1 1999
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565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925"2537
SEP 29 '99 01:46PM ~EN HOUSING OFC
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MEMORANDUM
TO: Chri,s Bendan, Community Development Department
FROM;
Cindy Christensen, Housing Office
RECEIVED
SEP 2 9 1999
[l1AIr~;
Sep-;ePloar 23, 1999
~IE: $1. j"jorll<! Minor PUD and Lodge ExpAnsion ,~,,,,,~~~,N,{~:~~;~,,~,..
P~n:;eIICi f'\CI. 2735-124-64.004/334 W, Hyman Avenue . ,
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ID~U!iE: Tile eipplic~nt is lac;ueslingappro\lal to expand lhe lodge by sight hotel rooms and two
employee unl!!;, Wll!'~ wi!! conlaln ~ studio unit ilnd 1 2-bedroom uni\.
~A~!mt'mU!\\rJ): o,ccorcii:lg to Seotlon ;~6.4'fO.0701V1. CViange Iii liisellodge txp.n$lon, an
expansioi1 of !l e)d~'-tlng le'dge prevlou:3ly zOlled LP shall be exempt from growth .management
competition 8n:~ sC{.;1ns !')r.?ceclLII'Ss. The I!)xempllon is '!.Mailable provided that employee housing
or e casii-ln-l!e:J will be prcvidecl ~o mitigate for additional employees generated by the change In
use or expamsion hact'o,,:Janr::e with ~he ntanc1arcls 'for affordable housing set forth at Section
2S,520.0:-!O.
'The Cornmunl\:y Ll~:v$lopl'rlll:'1t Department did !lI Small l.odgl;l ~mployment Survey to see how
mBnYl'I,liI-time empoyees it Jakel:! per tlnit. Previollsly, the Housing Offir,Ei has been using an
!Overage of ,1 Ii) .4 ,..imp!oyecIS per iodg~ roorn, 'fhe survey conciud"d that on the average, each
lod;;Je Llnil cre'ltss a:ppro~;lmately 0.2'1,5 amplovees, 1"herefore, the applicant would need to
mitigate as follow,l:
'0 h,1dge rooms X ,0245 .: 1.9ll fl.lll..lime aqLlivalents
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The applicant b rec\iI11iil<ilndlng approvlll to prOVide the following affordable housing on-site:
'I studio)( 1 ,:25 emp!oyees" 1.~5
1 2-beclrool"l X 2.2b employees" Uti
TOTAL 3.50
~r.~aMENn~1!l;,~fl: TI1e Board's 100 priority 101' mitigation is on-sile housing. The applicant Is
asking approval (0 1 lrovit1e il,wslng for S.tiO employees, an addltionsl 1.54 employees of what Is
requill!d, Ther<~-for~, 3taff f!l<;ornmsnd$ "pproval uncl0r the following conditione:
1. ,Q. deed reslr:(J!Jon for ins iwo units be reo,orded pi'lor to building psrrriit approval;
t':. Ii sii-e vi:,I! b., OOr.dUI:,t<'#l prior to Certiflcat~ of Occupancy; and
;:) !b:i1 tll!'! etl) :110 unit <1e dSild ; $stricled as Category 1 01" 2 and the two..bedroom as
Catego'Y $,
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING AN EXEMPTION FROM THE SCORING AND COMPETITION
PROCEDURES OF GROWTH MANAGEMENT EIGHT LODGE UNITS AND
TWO AFFORDABLE HOUSING UNITS TO BE LOCATED IN AN ADDITION TO
THE ST. MORITZ LODGE AND RECOMMENDING CITY COUNCIL APPROVE
THE ST. MORITZ LODGE MINOR PLANNED UNIT DEVELOPMENT, LOTS K,
L, AND M, BLOCK 34, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID #2735-124-64-004
Resolution #99.~
WHEREAS, the Community Development Department received an application
(the Project) from Michael Behrendt (applicant), owner of the S1. Moritz Lodge located
on Lots K, L and M, Block 34, City and Townsite of Aspen, for a Minor Planned Unit
Development (PUD) to accommodate eight (8) new lodge rooms and two (2) new
affordable housing units to be contained within an addition to the existing S1. Moritz
Lodge; and,
WHEREAS, the S1. Moritz Lodge is located in the Medium Density Residential-
Lodge Preservation Overlay (R6-LP) Zone District; and,
WHEREAS, the St. Moritz Lodge received a growth management exemption for
six (6) lodge units and one (1) affordable housing unit, pursuant to the Lodge
Preservation Lottery held on May 5, 1998, by the Planning and Zoning Commission and
this application is requesting an additional two (2) lodge allocations and an additional one
(1) affordable housing allocation be granted; and,
WHEREAS, pursuant to Section 26.470.070 (M) of the Land Use Code, the
Aspen Planning and Zoning Commission may exempt the development of properties in
the Lodge Preservation (LP) Overlay Zone District to provide additional lodge units and
additional affordable housing units from the scoring and competition procedure of growth
management at a du1y noticed public hearing, pursuant to the requirements of said
section; and,
'r
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties located in the Lodge Preservation (LP) Overlay Zone District
may be established through the PUD review process; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, the City Council
may approve a Planned Unit Development during a duly noticed public hearing after
considering a recommendation from the Planning and Zoning Commission made at a
duly notice 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
Building Department, the Aspen/Pitkin County Housing Authority, and the Community
P&Z Reso 99-32-
Page 1
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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, for both the lodge expansion and the Minor PUD,
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.
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.
8. The building plans shall demonstrate an adequate fire sprinkler system and alarm
system for the new portion ofthe structure.
9. 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.
c. The studio employee unit shall be deed restricted to Category 2, or lower, and
the two-bedroom employee unit shall be deed restricted to Category 3, or lower,
with the AspenlPitkin County Housing Authority,
d. Existing vegetation where construction activity is expected shall be protected by
tying-back limbs and surrounding vegetation with construction fencing,
12. The applicant shall encourage visitors to not rent a car when staying at the St. Moritz
through marketing information,
13. Two parking spaces shall be made available for the employee units and signed as
such.
14. No excavation or storage of dirt or material shall occur within tree driplines
15. 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.
16. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a,m. and 7 p.m,
17. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the
employee units, a member of the AspenlPitkin County Housing Authority shall
P&Z Reso 99-32-
Page 3
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director ..ji\;'=>
Christopher Bendon, Planner ~
St. Moritz - Public Hearing
Minor Planned Unit Development (PUD)
Lodge Preservation (LP) Program Expansion
FROM:
RE:
DATE:
October 19, 1999
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SUMMARY:
Michael Behrendt, applicant and owner of the St. Moritz Lodge, is requesting Minor
Planned Unit Development (PUD) approval and Lodge Preservation Program
expansion approval to construct an addition of eight lodge rooms and two affordable
housing units on the existing St. Moritz Lodge. This is the first project to come
forward under the revised PUD regulations and the newly adopted LP Program.
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The allotments for the Lodge Preservation Program are granted by the Planning and
Zoning Commission. This includes both the lodge units and the affordable housing
units. Six of the proposed eight lodge rooms and one of the two proposed affordable
units were granted under the prior LP Program and remain valid as allotments.
Therefore, the expansion request is only for 2 lodge units and one affordable unit.
The Minor PUD process requires adoption of an Ordinance by the City Council after
a recommendation from the Commission is forwarded. The PUD process allows all of
the dimensional requirements to be established through the final PUD. This includes
parking, FAR, and setbacks. This project is requesting those aspects of the zoning be
established through the PUD and staff is in support ofthe request.
Staff recommends the Commission approve this Lodge Preservation Expansion
and Affordable Housing proposlll, with conditions, and recommend City Council
approve this Minor pun, with conditions.
ApPLICANT:
Michael Behrendt, owner.
LOCATION:
334 West Hyman Avenue.
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ZONING:
'Medium Density Residential, Lodge Preservation Overlay. R-6-LP.
LOT SIZE:
8,714 square feet.
LOT AREA (FOR PURPOSES OF FAR CALCULATION):
8,714 square feet.
FAR:
Allowable
Existing
Proposed
-- Underlying Zone District or as established through PUD.
-- approx. .882 - 7,686 square feet.
-- approx. 1.28 - 11,183 square feet.
CURRENT LAND USE:
25 room lodge building.
PROPOSED LAND USE:
Same, with additional 8 lodge rooms and 2 employee units.
PREVIOUS ACTION:
The Commission has not previously considered this application.
REVIEW PROCEDURE:
Minor PUD. At a duly noticed public hearing, the Commission shall recommend by
Resolution the City Council approve, approve with conditions, or deny the
application.
Lodge Expansion/LP Affordable Housing. At a duly noticed public hearing, the
Commission shall, by Resolution, approve, approve with conditions, or deny the
application.
BACKGROUND:
The St. Moritz Lodge received 6 Lodge allotments and one affordable housing
allotment through the previous LP Program. ,The allotments were never acted upon
due to the limitations of the zoning. These allotments, however, remain valid and are
to be applied to this project with the proposed additional 2 lodge units and one
affordable housing unit.
STAFF COMMENTS:
The LP Program was recently adopted after a lengthy process to determine the
ultimate manner in which the program could serve the interests of the community.
This LP Program was adopted, in part, to serve the goals of the community as
expressed in the AACP. In staffs opinion, after aiding the elected and appointed
officials in the adoption of the LP Program, this project meets the spirit and intent of
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the Program. In fact, this project represents what many envisioned as the ultimate
goal of the Program,
The LP Program seeks to maintain and bolster the small lodge experience that
differentiates Aspen from other resort communities. Over the years, some small
lodges have become defunct due to changes in the lodging market, conversion to
more profitable land uses, and, in some instances, lack of upkeep and general
maintenance. Operating a small lodge certainly takes more effort than developing a
duplex. At the same time, however, the quality of the guest experience, the economy
of the town, and the character of dispersed lodges in the town's neighborhoods benefit
the community immeasurably. In fact, in ways identified as important to the overall
well-being of the town in the community plan. For these two reasons, staff believes
this project meets and promotes the goals for the AACP.
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit "B." The application has been
included as Exhibit "C."
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the Lodge
Preservation Program Expansion of the St. Moritz Lodge, 334 West Hyman Avenue,
and recommend City Council approve the St. Moritz Planned Unit Development, 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 in Section 26.445.070(C).
b. A statement about the long-term maintenance of the common central courtyard
and pool area., ------l> "1');' v""" -I--
c. An agreement to enter into a future lease a~me~rf;;;~r:~e~R;~'j;~g spaces
for guests of the lodges if necessary.
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, location of
utility pedestals, and a note stating that a witness comer will be installed on the
north east comer of the property after completion of construction.
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.
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d. A drainage plan, including a 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 Pinal 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, for both the lodge expansion and the Minor PUD,
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.
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.
8. The building plans shall demonstrate an adequate fire sprinkler system and alarm system
for the new portion of the structure.
9. 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.
c. The studio employee unit shall be deed restricted to Category 2, or lower, and the
two-bedroom employee unit shall be deed restricted to Category 3, or lower, with
the Aspen/Pitkin County Housing Authority.
d. Existing vegetation where construction activity is expected shall be protected by
tying-back limbs and surrounding vegetation with construction fencing.
12. The applicant s?all.encoura~e visitors to not rent a car when staying at the St. Moritz ,~~. j. .
through marketmg mformatlOn. ck"",~ ~ tW.lv\) t'\(I.\\''). /11) I~ ~
13. Two parking spaces shall b~<;, ~voaable for the employee units. and signed as such. c.~1lJlM
14. No excavation or storage of dirt or material shall occur within tree driplines fhVf A h"'LL
15. All construction vehicles, materials, and debris shall be maintained on-site and not within (JAG",-
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.
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16. The applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 7 p.m.
17. 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 unit to determine if the units comply with the representations made in the application,
18. Before issuance of a building permit, the applicant shall record this 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,
19. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve PZ-Resolution 99-32. approving the Lodge Preservation
Expansion of the St. Moritz Lodge for two lodge units, for a total of eight lodge units
in the expansion, and one affordable housing unit, for a total of two affordable
housing units in the expansion, and recoinmending City Council approve the St.
Moritz Planned Unit Development, with conditions.
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments - PUD
Exhibit B -- Review Criteria and Staff Comments - LP
Exhibit C -- Referral Agency Comments
Exhibit D -- Development Application
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Exhibit A
st. Moritz PUD
STAFF COMMENTS: Minor Planned Unit Development- Section 26.445
26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor 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 AACP encourages the preservation of small lodges such as the St. Moritz. "The community
must find ways to maintain these small lodges and the experience they offer to our guests."-
CommerciallRetail section philosophy statement '93 AACP. In addition, the Lodge Preservation
Program Ordinance as adopted for the specific purpose of preserving small lodges and aiding in
their development and re-development as lodges. Lastly, the LP Ordinance was adopted, in part,
to further community goals as expressed in this document related to the small lodge experience
characteristic of Aspen. Staff believes this project is consistent with and promotes the goals of,
the AACP.
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
Staff Finding:
The St. Moritz Lodge is located in a primarily residential neighborhood. The LP Overlay Zone
District, however, allows these small lodges to continue and expand when compatible with the
neighborhood. The bulk of the expansion is proposed along the alley and will effect a closed-in
feeling along the alley, although no safety issues are expected. This placement of the units is
preferred over providing the addition along either of the two public streets. The "L" -shaped
building will also provide an enclosure around the existing pool which is to remain.
3. The proposed development shall not adversely affect the future development of
the snrrounding area.
Staff Finding:
The development is not expected to adversely affect the developability of the surrounding area.
The applicant will be upgrading infrastructure as needed and will be improving the fire safety of
the building. The surrounding zoning and land uses are primarily residential and are essentially
built-out with only redevelopment potential remaining.
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.
St. Moritz PUD Comments Page 1
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Staff Finding:
The Lodge units may be exempted by the Commission and the application is requesting that
action be taken, The project received 6 lodge allotments and one employee unit through the
previous LP Program, These allotments are still valid, as the applicant has been actively seeking
this PUD approval for the dimensional flexibility to locate the units on-site,
There are currently 38 LP Lodge Units available and the application is requesting 2 from that
pool to complete the 8 lodge units being contemplated in this PUD, The applicant is also
requesting I additional employee unit to complete the 2 in this application, Theallotments will
be considered by the Commission prior to Final PUDreview by Council,
B. Establishment of Dimensional Requirements:
The final POO development plans shall establish the dimensional requirements for all
properties within the POO. 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 POO. During review of the
proposed dimensional requiremeuts, compatibility with surrounding laud 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
surronnding area such as noise,traffic, transit, pedestrian circulation,
parking, and historical resources.
Staff Finding:
Staff believes the proposed dimensions of this PUD to be appropriate and compatible with the
surrounding area. There are no natural hazards or site conditions that make this level of
development difficult, unsightly, or undesirable. In fact, this addition will benefit the existing
development and help ensure the continued desirability of this lodge.
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 POO and of the surrounding area.
Staff Finding:
The addition will be along the alley way and will not create a feeling of significant mass along
Hyman Avenue. The site is currently approximately 64% open and is proposed to be
approximately 51 % open after the addition. This lesser percentage of open space is consistent
with the surrounding neighborhood and is, in fact, equal to, or slightly greater than, many of the
adjacent properties in the neighborhood, including residential development. The character
proposed is typical of small lodges of this era and is suitable for this neighborhood.
St, Moritz PUD Comments Page 2
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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~residentialland 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 existing parking situation is somewhat odd and staff requested an explanation of the existing
parking be provided in the applications. There are 15 parking spaces serving the existing
development. Many of these spaces lie partially within City right-of-way, According to the
owner, who has operated this lodge since 1969, there are rare instances when parking is a
problem. These are typically when parking is a problem throughout town, such as the 4th of July
and Winterskol. On average nights, the owner reports between 3 and 5 parking spaces open and
available. During the day, the parking lots are primarily empty.
Staff concurs with the applicant after visiting the site during several times to consider the parking
situation. There exists an abundance of parking during an average day during the summer season,
The parking lot was full during the annual volleyball tournament. Of course, there was literally
no available parking in the entire area during the tournament.
The applicant is requesting a waiver of the parking requirements for these additional lodge units
and employee units. Based on the owner's report of the parking situation and staff's site
inspections, staff supports the waiver and believes the additional lodge units will not generate a
parking problem. Staff is, however, recommending a few conditions be applied for this parking
situation:
I. The applicant shall encourage visitors to not rent a car when staying at the St. Moritz through
marketing information.
2. The Commission should require the applicant to enter into an agreement with the City
Engineering Department for the parking spaces which lie partially within the City right-of-
way and show the agreement on the final plat.
3, The applicant should be required to enter into a lease agreement with the City Parking
Department for guest street parking spaces as needed. (Currently the extra street parking
spaces are not needed.) J;l,V\be<A .-.f/IM. '\>Il\) ?\'"''''!> "".... .
4. Two parking spaces shall be lIl.aA^ "p.il"'-l~ for the employee units aRE! sigBeE! tlJ ~uvIJ. -
Staff believes these conditions of approval specific to parking will appropriately address the lack
of providing additional parking at this location. This is due to the number of cars expected to be
generated by the additional units, the benefit of housing employees on-site rather than
accommodating their autos on a daily basis, the shuttle service provided by the St. Moritz in
coordination with the Snowflake Inn, and the proximity of the St. Moritz to the center of town,
ski lifts, etc.
St. Moritz PUD Comments Page 3
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4. The maximum allowable density within a PUD may be reduced if there
exists insufficient infrastructure capabilities. Specifically, the maximum
density of a POO 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 POO 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 hazards 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 addition of the lodge rooms and the provision of affordable housing on-site both promote
goals expressed in the AACP. The underlying Zone District (R-6) does not provide for lodges
and, subsequently, does not provide a maximum density of lodge units. However, there exists no
St Moritz PUD Comments Page 4
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limitation on the number (density) of lodge rooms within a lodge or on a property as long as the
use is allowed. The LP Overlay allows the lodge use in addition to the uses allowed in the R-6
Zone District. So, there is technically no increase in density necessary for the lodge units, only an
increase in FAR to accommodate additional units.
The affordable housing is an allowed use pursuant to the LP Overlay. The overlay allows for the
density to be that of the underlying zone district, or as otherwise established through the PUD
process. The underlying zone district is R-6 which does not prescribe a maximum density for
multi-family structures (because they are not a permitted use in R-6). So, again, there is no
maximum density to vary from that allowed in the underlying district. The density is merely
established through this PUD process. Based on the AACP goals of providing affordable housing
on-site in conjunction with additional development, staff believes this additional residential
density is desirable and warranted. The Final PUD plans should indicate the number of lodge
units and residential units.
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 addition is proposed in a location to preserve the pool and center courtyard area. This
placement maintains the visual interest of the property and adds to its identity. This is a feature
of many of the lodges of this era and should be encouraged as an appropriate character of the
small lodge experience.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
Staff Finding:
There is only one structure. Not applicable.
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:
The placement of the addition preserves the view of the center courtyard and pool area from the
street. This placement preserves the visual engagement of by-passers and is appropriate. This
site almost defines the boundary between the urban areas of Aspen and the rural areas of Shadow
Mountain and the County. This area has always had a sharp contrast between the two landscapes
and staff does not see this furtherance of the visual difference as detracting in any way from
either aesthetic. In fact, the lodging experience is most likely enhanced with such easy visual and
literal access to Shadow Mountain.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
Staff Finding:
St Moritz PUD Comments Page 5
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The applicant has proposed a reconfigured fire access way to accommodate the concerns of the
Fire Marshall and the Building Official, There are no new access ways necessary or proposed.
The Fire Marshall reported no present difficulties in servicing this site and requested no
additional improvements to the older portion of the building. The new portion will need to be
equipped with a sprinkler system and an alarm.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding:
The site plan provides a sufficient amount of pedestrian access. The applicant is proposing one
(I) handicapped lodge unit on the first,floor which can be accessed easily. This handicapped
accessible unit is not required by the building code (for only 8 units) but is encouraged and is
appreciated. The affordable housing units, again due to the limited number being proposed, do
not have to be handicapped accessible. The City Engineer has requested a sidewalk curb and
gutter agreement be executed prior to the application for a building permit.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding:
The City Engineer has requested a drainage plan and report be prepared, accepted, and recorded
with the Final PUD Plans. This drainage will need to be accommodated on-site according to a
two-year storm frequency design.
7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programatic functions associated with the use.
Staff Finding:
The interior courtyard surrounds an outdoor pool area and the space has been designed to
accommodate that use. This criteria loosely applies because the pool is already developed
and is intended to remain. Staff believes this criteria has been met.
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:
I. 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.
Staff Finding:
The existing landscape of the parcel provides a variety of species in an attractive manner. The
addition is proposed in a location where some of this existing vegetation will need to be removed.
The remaining portion of the lot, however, will primarily retain the existing vegetation and no
additional landscape treatment is being recommended. Staff believes this criteria has been met
with the landscape plan suggested in the application.
2. Significant existing n!ltural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
St. Moritz PUD Comments Page 6
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Staff Finding:
The swimming pool is probably the only site feature that falls under this criteria. This outdoor
pool does provide some uniqueness to this lodge and is being preserved with this proposal. Staff
believes this criteria to be met.
3. The proposed method ,of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding:
Significant existing vegetation will need to be protected from construction activities. Staff has
suggested a condition requiring the applicant tie-back and protect with construction fencing the
existing vegetation where appropriate depending upon construction access routes. This should
be accomplished prior to issuance of a building permit. No excavation or storage of dirt or
material should be allowed within the drip lines. Tree removal permits will need to be obtained
per the tree replacement Ordinance for the existing cottonwood trees.
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 ofa 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:
I. 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 architecture proposed for the addition is in the same style as the existing building
and is appropriate. Staff believes this criteria has been met.
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:
This standard is somewhat difficult to achieve on additions to existing buildings. To
extent practical, the applicant has oriented the structure in a manner conducive to solar
heating and the mechanical system of the existing building will serve the new addition.
Staff believes this standards has been met to the extent practical.
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:
St Moritz PUD Comments Page 7
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The roof pitch of the proposed addition is somewhat shallow and will probably not shed
snow on a regular basis. Staff has included a condition requiring the applicant provide
snow stops to prevent the shedding of snow onto either the courtyard or the alley way.
F. Lighting.
The purpose of this standard to ensure the exterior of the development will be lighted
in an appropriate manner considering both public safety and general aesthetic
concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous interference
of any kind to adjoining streets or lands. Lighting of site features, structures,
and access ways is proposed in an appropriate manner.
2. All exterior lighting shall in compliance with the Outdoor Lighting Standards
unless otherwise approved and noted in the final POO documents. Up-lighting
of site features, buildings, landscape elements, and lighting to call inordinate
attention to the property is prohibitted for residential development.
Staff Finding:
The applicant has proposed lighting that will be down directional and in compliance with the
City's lighting code, as amended. Staff has included a condition prohibiting up-lighting of
architectural and landscape features of the site.
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 developmentin the proposed PUD, the following criteria
shall be met:
I. 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
ofthe 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 POO.
StaffFinding:
The courtyard area serves as open space and recreation area to the benefit of the property users. .
This amount, location, and design of this area is beneficial to the overall project and provides a
desirable visual relief from the mass of buildings. Staff believes this criteria has been
accomplished.
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.
Staff Finding:
This standard does not apply. The interest in the courtyard area is not proposed to be
divided and will remain with the lodge owner and management of the operation.
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.
St. Moritz PUD Comments Page 8
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Staff Finding:
Due to the undivided nature of this courtyard and the nature of this use, staff does not
believe there should be required a separate legal instrument to ensure the continued
maintenance of the space. This is primarily due to the fact that the long-term viability of
the lodge will somewhat depend upon the visual attractiveness of the courtyard and
common grounds. An additional legal instrument requiring the applicant to maintain this
space would not serve any significant benefit. However, to meet this standard it is
important to include a this maintenance assurance in the PUD Agreement. This will
protect the City and the neighborhood against a future land owner who may not share the
same sensibilities as the current applicant. Staff has included this as a condition.
H. Utilities and Publicfacilities.
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.
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:
The applicant has agreed to fund his fair share of utility expenses as required. This
includes a new service line for the sanitary sewer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for
the additional improvement.
Staff Finding:
No oversized utility stubs were requested to be installed with this development.
L 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.
Staff Finding:
The structure and all uses on the lot have adequate access to the public street system.
St. Moritz PUD Comments Page 9
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2. The prQPosed development, vehicular access points, and parking arrangement
do not create traffic congestion on the roads surrounding the pmpQsed
develQpment, or such surrounding mads are proposed tQ be improved to
accommodate the development.
Staff Finding:
The applicant's existing parking is partially to mostly within the City right-of-way. This
condition has been present since the creation of the building and has not presented a
significant burden for the Streets Department operation. In fact, the Streets Department
Director complimented the applicant on his application and did not request any changes
to the parking configuration.
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 defineq 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 functiQn as a
complete development and shall not be reliant on subseqnent phases.
Staff Finding:
The applicant is proposing two phases of development. The entire addition will be within the
first phase and is designed to be self-sufficient. The second phase.is primarily minor aesthetic
improvements, although some additional FAR will be attributed to the second phase.
2. The phasing plan describes physical areas insulating, to the extent practical,
occupants Qf initial phases frQm the construction of later phases.
Staff Finding: '
Occupants of the lodge units are not permanent occupants of the PUD and should not be greatly
affected by the improvements of phase two, Likewise, the level of improvements for phase two
are minor and are not expected to significantly inconvenience residents of the employee units,
3. The proPQsed phasing plan ensures the necessary Qr proPQrtiQnate
improvements to public facilities, payment of impact fees and fees-in-lieu,
constructiQn of any facilities tQ be used jointly by residents of the POO,
constructiQn of any required affordable housing, and any mitigation measures
are realized concurrent Qr prior to the respective impacts assQciated with the
phase.
Staff Finding:
All infrastructure improvements necessary are proposed to be performed during phase
one.
St. Moritz PUD Comments Page 10
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Exhibit B
St. Moritz LP Expansion
STAFF COMMENTS: Lodge Preservation Program
Land Use Code Section 26.470.070(M).
Development, or redevelopment after demolition, of properties zoned Lodge
Preservation (LP) Overlay to increase or decrease the number of lodge units, the
number of affordable housing units, or the amount of accessory connnercial
square footage, or the change in use between said uses, shall be exempted from
the growth management competition and scoring procedures, provided that the
Planning and Zoning Connnission determines, at a public hearing, that the
following criteria are met:
(1) The proposed development is consistent with the Aspen Area
Community Plan.
Staff Finding:
Staff believes this project is consistent with the AACP. Please see connnents related to
the Connnunity Plan under PUD Connnents, Exhibit A, page 1.
(2) The proposed development is compatible with the character of
existing land uses in the surrounding area and with the purpose of the
Lodge Preservation (LP) Overlay Zone District.
Staff Finding:
This lodge has existed in this neighborhood as long or longer than many of the
surrounding uses. Characteristic of small lodges dispersed throughout town, this lodge is
not consistent with the neighboring uses but is compatible and actually adds character to
its context. Staff believes the proposed addition has been designed in a manner
compatible with the neighborhood and, with the existing lodge building. Furthermore,
this proposal promotes the purpose of the Lodge Preservation (LP) Overlay Zoning. The
addition will aid the financial viability of the lodge use and will help preserve the small
lodging experience in Aspen.
(3) Employee housing or cash-in-Iieu will be provided to mitigate for
additional employees generated by the development or to mitigate for
the demolition ofmuIti-family housing, as required by section 26.530.
This shall include an analysis and credit for existing employee
generation and the incremental impact between the existing
development and the proposed development. A recommendation
from the Aspen/Pitkin County Housing Authority shall be considered
for this standard.
Staff Finding:
The applicant has proposed two employee units. One is a studio unit and the other is a
two bedroom. As part of the LP code amendments, staff asked several of the small lodge
operators to provide their employment information along with their level of services
St. Moritz LP Comments Page 1
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provided. This study concluded that there is a large range of employment generation
based on the services provided by the individual lodge, but that on average approximately
.245 employees per lodge room are employed by these smaller operators.
It is important to note that many small lodges, and small businesses, are seeking
affordable housing for their employees as part of their long-term financial viability as a
business - regardless of local regulations for providing this housing. In this case, the
applicant is more interested in providing employee housing to serve the long-term
viability of the lodge operation that to serve any housing authority requirement. It just so
happens that this economic reality results in significantly more affordable housing than
required by the Housing Guidelines.
The eight new lodge rooms generate, according to this recent study, approximately 1.96
employees. The standard growth management requirement for new development is to
mitigate for 60% of that generation - or 1.2 employees. The proposal will house
approximately 3.5 employees.
The Housing Authority has recommended a few conditions for the employees units. The
studio unit is recommended to be deed restricted to Category 2, or lower, and the two-
bedroom unit to Category 3, or lower. Additional recommended conditions have been
included in staffs recommended conditions.
(4) Adequate parking spaces and public facilities exist, will be provided
for the development, or that adequate mitigation measures will be
provided. An existing deficit of required parking may be maintained
through redevelopment.
Staff Finding:
The applicant has suggested that the existing parking is adequate to serve the needs ofthe
additional development and has requested the existing condition be accepted.
(5) There exists sufficient GMQS allotments to accommodate the
proposed development and the allotments are deducted from the
respective Annual Development Allotment and Metro Area
Development Ceilings established pursuant to Section 26.470.050.
Staff Finding:
The newly adopted LP Ordinance initiated a growth management "bucket" of 3 8 units for
this growth year. This proposal is requesting two of those 38 units. The process allows
the allotment to be grated on a first-come, first-served basis. Staff believes this project
meets, or exceeds, all the development parameters for allotments to be granted and,
because this project is the first to come, staff recommends it be the first to be served. The
bucket will be reduced accordingly.
There are sufficient affordable housing allotment available and the respective bucket will
be reduced accordingly.
St. Moritz LP Comments Page 2