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HomeMy WebLinkAboutLand Use Case.CU.1301 E Cooper Ave.A125-00 CASE NUMBER PARCELID# 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 1"""'\ -- A 125-00 2737-181-00047 Aspen Valley Hospital Conditional Use for Beaumont 1301 E. Cooper Nick Lelack Conditional Use Aspen Valley Hospital District Bill Brunworth/Don Gillow 11/7/00 Reso.57-2000 Approved 6/1/01 J. Lindt "...... ~ .' ....' _...~ fI"""o, ~ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen Vallev Hospital, 0401 Castle Creek Road, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots 1-14, Block 21, Riverside Addition Legal Description and Street Address of Subject Property Conditional Use Approval for Affordable Housing Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Reso. #57-2000, 1117100 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 18, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) November 19,2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 18th day of November, 2000, by the City of Aspen Community Development Director. . . ) JI" Jul' Ann Woods, Community Development Director ~ .-.., -.., PUBLIC NOTICE Of DEVELOPMENT APPROVAL , Notice is hereby given to the general public of the approval of a site specific development plan, and the creation. of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots 1-14, Block 21, Riverside Addition, by resolution of the Planning and Zoning Commission numbered 57 series of 2000. For further information contact Julie Ann Woods, at the AspenlPitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. slCity of Aspen Account Publish in The Aspen Times on November 18, 2000 -. ~ rrc. MEMORANDUM TO: Planning and Zoning Commission Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director~ Nick Lelack, Planner~~ Aspen Valley Hospital- Conditional Use for Affordable Housing at the Beaumont Inn THRU: FROM: RE: DATE: November 7, 2000 ApPLICANTS J & B Hotels REPRESENTATIVES: Aspen Valley Hospital District Bill Brunworth Don Gillow LOCATION: Beaumont Inn 1301 E. Cooper Avenue/Hwy 82 ZONING: R-15, Moderate Density Residential & Lodge Preservation Overlay LOT SIZE: 53,578 square feet REVIEW PROCEDURE: Conditional Use: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for a conditional use, after recommendation by the Community Development Director. FAR: 20,100 square feet. SUMMARY: The Lodge Preservation Overlay Zone District allows Mfordable Housing for lodge employees as a permitted use and for non- lodge employees as a Conditional Use. This application requests approval to operate the Beaumont Inn's 31 lodge rooms for affordable housing for hospital employees. - 1- -. -, STAFF COMMENTS: J & B Hotels (Applicant), represented by the Aspen Valley Hospital (AVH) District, Bill Brunworth and Don Gillow, has applied for conditional use approval to operate the Beaumont Inn as an affordable housing complex for hospital employees. A VH is under contract to purchase the property; closing is set for later this month. The Lodge Preservation Overlay Zone District on the property allows affordable housing forlodge employees as a permitted use and for non-employees as a conditional use. The Beaumont Inn consists of 31 lodge rooms and four (4) deed restricted affordable housing units with a total of six (6) bedrooms in four (4) 2-story buildings and one (1) 1- story building. Most of the Inn's buildings were constructed in the mid- 1980s, and a triplex consisting of three (3) affordable housing units was constructed in the early/mid-1990s. This building is a Category 1 affordable housing unit. The Beaumont Inn is an ideal site for affordable housing; it is located within walking and biking distance to downtown, a RFTA bus stop is located almost immediately across the street, and the surrounding properties are primarily residential. The site includes approximately 33- 47 on-site parking spaces (depending on how and where the spaces are designated), a swimming pool, hot tub, common dining room, and commercial kitchen. The application states that Aspen Valley Hospital plans to convert the 31 lodge units into 1- and 2-bedroom affordable housing units. The number of units may be decreased to create the 2- bedroom affordable housing units. Parking may be an important issue to neighbors. The Land Use Code requires 1 parkin!! space for each studio and I-bedroom affordable housing unit, and 2 parkin!! spaces for units with 2 or more bedrooms. The Land Use Code requires 0.7 spaces per bedroom for lod!!e units. Currently, there is one 3-bedroom affordable housing unit and 3 studio residential units; the 31 lodge units are studio or I-bedroom configurations. The -2- ,-'" .~ following table shows the required number ofparklng spaces for the 31 lodge units and 4 affordable housing units: T bl 1 E . t' C d't' a e : XIS Inl!: on I lOns Type of Unit Number of Number of Parking Spaces Bedrooms Units Required Affordable 3 1 2 Housing Affordable 1 3 3 Housing Lodge 1 31 21.7 TOTAL 34 26.7 Table 2: Proposed Conditions (decreasing the number of units through the conversion of I-bedroom units to 2-be.droom units would result in the same number of required parking spaces for residential units). Type of Unit Number of Number of Parking Spaces Bedrooms Units ReCluired Affordable 3 1 2 Housing Affordable 1 34 34 Housing TOTAL . 36 Therefore, with 33-47 on-site parking spaces, the conditional use for affordable housing would comply with the Code's requirement for on-site. parking if at least 36 on-site. parking spaces are designated. Staff recommends that this number of on-site parking spaces be made a condition of approval. Staff believes that residents may be more likely to walk or bike to and around town or take the bus rather than their cars because they recognize the difficulty of parking around town, "know the ropes" of transit logistics, and the economic value of taking the bus. The Beaumont's parking area may serve more as "car storage" than as a parking lot because of the Inn's close proximity to downtown and the RFTA bus stop. In fall 1999, City Council approved a new lodge preservation program. A key component of the program was the revamping of the Lodge Preservation Overlay Zone District. The purpose of this zone district, as stated in the Land Use Code, "is to provide for and protect small lodge uses on properties historically used for lodge accommodations, to Uermit redevelopment of these properties to -3- r.. ~ accommodate lode-e and affordable housine- uses, to provide uses accessorv and normallv associated with lode-e and affordable housine- development. to encourage development which is compatible with the neighborhood and respective of the manner in which the property has historically operated, and' to provide an incentive for upgrading existing lodges on-site or onto adjacent properties." The program's intent is to preserve and expand the community's existing lodges, and to make affordable housing the only other acceptable use of a lodge. The conditional use allows the lodge to serve as rental affordable housing. The lodge has not been condominiumized; therefore, the units cannot be sold separately as residential units. The application states that Aspen Valley Hospital plans to develop a master plan for the property. The plan would include an application for a change in use, subdivision, planned unit development, etc. to allow the hospital to subdivide and condominiumize the property to sell the individual units to hospital employees as deed restricted affordable housing. Such an application would nearly mirror the application and land use approvals for the former Ullr Lodge, now Ullr Commons. Staff is concerned about the impact of the recent Colorado Supreme Court decision on the Telluride case on this conditional use application. Specifically, Staff is concerned that the rental caps proposed may be unenforceable, as decided by the Telluride case. Consequently, if the Applicant does not apply for and receive change in use and subdivision approvals for the property to sell the units as deed restricted affordable housing, there is no guarantee the units will remain affordable. Staff recommends three (3) conditions of approval to ensure that the units remain affordable should the units remain rental. One condition is that the owner shall grant the Aspen/Pitkin County Housing Authority the right of first refusal to purchase the property. This condition would expire upon the termination of the conditional use - or once the units are deed restricted affordable housing units and sold to qualified Pitkin County employees. A second condition is that the owner shall grant the Housing Authority an interest in the property, which allows the Housing Authority to enforce the rental restrictions for each unit. - 4- ~, ,~, A third condition is that the final deed restrictions to set rental rates for the units be approved by the Housing Board at a public meeting. Additional conditions of approval in the draft resolution are designed to bring the units into conformance with City codes for residential use in addition to lodge use. RECOMMENDATION: Staff recommends approval of the conditional use with conditions. RECOMMENDED MOTION: _f{-;J- "I move to approve Resolution No..!f-f-, Series of 2000, approving the Aspen Valley Hospital's conditional use to use the Beaumont Inn for affordable housing, with conditions, finding that all of the review criteria have been met." ATTACHMENTS: Exhibit A - Review Criteria and Staff Findings Exhibit B - Application - 5- -., . ' -. EXHIBIT A BEAuMONT CONDITIONAL USE REVIEW CRITERIA & STAFF FINDINGS 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding' Staff believes this application is consistent with the purposes, goals, objectives and standards of the AACP, intent of the zone districts (R-15 and Lodge Preservation Overlay), and all other applicable requirements of the Land Use Code. The AACP's Housing element and Interim Aspen Area Citizen Housing Plan support this proposal. One Housing Policy states: "The burden of providing affordable housing should not lie solely on the shoulders of the Housing Authority. The local business community, non-profit entities, and local developers have much expertise and definite interest in affordable housing and should be encouraged to contribute." This application is a case in point of the private sector creating affordable housing for its employees. A related Housing Goal is to "Encourage greater participation by the private sector in developing affordable housing." Again, this application achieves this goal. The Interim Aspen Area Citizen Housing Plan, incorporated into the AACP, includes a list of criteria that all affordable housing projects should strive to meet. These include: 1) location inside the Community Growth Boundary; 2) Proximity to available public mass transit; 3) "Containable development" - compatible with neighborhood and does not promote sprawl. a. Contiguous to existing public facilities and infrastructure. b. Amendable to transit, bike and pedestrian oriented design. - 6- ~ - c. Visual compatibility with surrounding area. d. Optimizes the site's development potential. e. Contribute to the Aspen/Pitkin County Housing Goals. f. Quality of life: range of income groups, mixed uses, access to open space. g. Quality of design and construction. h. Utilize and conserve natural features. 1. Fiscfl,l impact of site compared to other sites. Although these criteria are particularly relevant to new and re-developments, Staff believes that all of the relevant .criteria to this project are met. Specifically, the project is inside the Community Growth Boundary, served by all public utilities and facilities, is within walking and biking distance to town and a transit stop, and contributes to the Housing Goals. The only conflict with the AACP is in the Economic Sustainability Philosophy section, which states that lodges contribute to the community's economic base. Allowing the Beaumont Inn to operate as a rental affordable housing complex is a trade off between two competing AACP goals - economic sustainability and affordable housing - for the same site. The purpose of the R-15, Moderate Density Residential Zone District, is "to provide for long term residential purposes with customary accessory uses." The purpose of the Lodge Preservation Overlay Zone District, "is to provide for and protect small lodge uses on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lode-e and aff6rdable housine- uses, to provide uses accessorv and normallv associated with lode-e and affordable housine- development, to encourage development which is compatible with the neighborhood and respective of the manner in which the property has historically operated, and to provide an incentive for upgrading existing lodges on-site or onto adjacent properties." Staff believes the project meets the intent of the zone districts - the long- term residential use of the R-15 Zone District, and the higher density affordable housing use of the Lodge Preservation Overlay Zone District. Staff believes this criterion is met. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and -7- - -. Staff Finding" Staff believes the conditional use is consistent and compatible with the character of the immediate vicinity of the subject parcel and surrounding land uses. The property is surrounded by residential uses, including the higher density Lacet Court Townhouses and Alpine Cottages. Staff believes this condition is met. c. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding" The operating characteristics are expected to be similar to those associated with the lodge. No visual impacts are planned or expected as part of this application. Pedestrian and vehicular circulation on Highway 82 may increase as Aspen Valley Hospital employees occupy the units year around compared to the seasonal occupancy of a lodge. The employees may make fewer trips per day than a tourist during the "on-season" because their daily trips might typically include. to and from work and/or school on weekdays, compared to several trips by a tourist. However, during the off-season when fewer tourists occupy the lodge rooms, the lodge residents wOilld likely make more trips than the facility currently generates as a lodge. Residents may also be more likely to walk or bike to and around town or take the bus rather than their cars because they recognize the difficulty of parking around town, "know the ropes" of transit logistics, and the economic value of taking the bus. The Beaumont's parking area may serve more as "car storage" than as a parking lot because of the close proximity to downtown and RFTA bus stop. Trash pick-up is provided on-site and will be on a regular basis. Service delivery is expected to be significantly lower than that for the lodge because tourists often require more services than residents. Noise, vibrations and odor on surrounding properties should be no greater than that experienced by the lodge operations, and perhaps less because residents _ in this case professional workers ~ typically create different impacts than tourists and have a greater interest in their property and neighborhood. Staff believes this criterion is met. - 8- - - D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. Staff believes this criterion is met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding The conditional use mitigates itself. - 9- NOV. 2.2000 11:13AM ASPEN HOUSING ore -.., NO. 70S P.l ,-, MEM(,. ';'..DUM , TO: FROM: DATE: Nick Lelack, Community Development Department Cindy Christensen, Housing Office November 1. 2000 RE: Aspen Valley Hospital - Conditional Use to Use Beaumont Lodge for Affordable Housing ISSUJ;: The applicant is requesting approval to use the lodge for affordable housing whUe applying for land use approvals to convert the lodge to affordable housing, which could including ~ntal and sales units. ~: Currently, the Beaumont Inn contains 31 lodge units. The property alIQcly contains six deed-restricted bedrooms, and these should remaIn as such. Also, the applicant needs to be aware that the Land Use Code does not allow for a 70/30 rental complex unless II public entity is Involved. Therefore, there Is SOme concern from staff on the l'Intallssues with thl. complex. However, staff also realizes the need for affordable housing and Is willing to work with the applicant. BECOMMI!NDATION: Staff recommends approval of this request under the following conditions: 1. A deadliM is specified for the master plan to be submitted. 2. The rent shall be decided upon by the Housing Board after a floor plan of the units has been preS&nted, prior to deed reltricting the units and prior to occupancy of the units under the affordable housing status. 3. The applicant must comply wlth the Guidelines al to the category that will be assigned to the units. 4. A deed restriction for the units Is recorded prior to occupancy as l!lI'I'ord21ble housing units. 5. The applicant/owner shall grant the APCHA the right of first refusal to purchase the Beaumont Inn property. This condition shall be tenninatlld if and when theproperty Is subdivided and sold as cleed restricted affordable housing to quallfled Pitkin County employe... A separate land use application for subdivision condomlnlumlzation, lte.. is required prior to the individual sale of each unit. This condition mUlt be satisfied prior to the affordable housing uae of the facility. 6. The units cennot be used for mltigltion for any other development the applicant may be doing. 7. The Housing Authority be provided one-tenth of a percent ownership of the units as long as the units remain affordable housing rental units. .. . - -- MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer ~ /' Reference DRC Case load Coordinator~ ~ Date: October 30, 2000 Re: Beaumont The Development Review Committee has reviewed the Beaumont Employee Housing application at their October 11, 2000 meeting and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is conceptually accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. 2. R.O.W.lmpacts: If there are any encroachments into the public rights-of-way, the encroachments must either be removed or are subject to current encroachment license requirements. Site Review 3. Fire Protection District - Requirement - As of the request of the Fire Protection District revisions need to be made as follows: a. There needs to be an access width of at least 20 feet along SH 82. b. If there is more than 150 feet of distance from the nearest access point to a structure, then a fire hydrant is required. c. The remodel of the hotel rooms into 1 and 2 bedroom units must comply with the adopted City Building Code and also must not affect the effectiveness of the existing sprinkler system. Fire Protection District - Recommendation - As of the recommendation of the Fire Protection District revisions can be made as follows: a. The modular building should be sprinkled. It is not required but highly encouraged. 4. Building Department - Requirement - The following requirement has been provided by the Building Department: a. A change of use requires being up to date on the adopted City Building Code. This includes separations and accessibility. . .' . 1""'\ .~ CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY* PLANNER: Nick Lelack, 920-5095 DATE: September 28,2000 PROJECT: Aspen Valley Hospital- AH Conditional Use in Beaumont Lodge REPRESENTATIVES: Bill Brunworth & Don Gillow OWNER: J & B Hotels TYPE OF APPLICATION: Conditional Use DESCRIPTION: The Aspen Valley Hospital (A VH) is under contract to purchase the Beaumont Inn. A VH plans to use the facility for affordable housing for its employees. The property is zoned R-15, Moderate Density Residential, with a Lodge Preservation Overlay (LPO) Zone District. The LPO Zone District allows affordable housing for non-lodge employees as a Conditional Use. AVH is applying for a Conditional Use for this property to use it for affordable housing while applying for land use approvals to convert the lodge to affordable housing, including rental and possibly for sale units. The converted lodge may or may not include a free, market component; in any event A VH does not plan to apply for a mix exceeding the 70-30 bedroom mix (70% AH, 30% free market). Land Use Code Section(s) to Address in Application: Section 26.425: Conditional Uses Review by: Planning and Zoning Commission Public Hearing: Yes. Public Notice: Mailing to all properties within 300 feet of the parce115 days prior to the hearing and posting on the property 15 days before the public hearing. Brinl! the attached affidavit comvleted and notarized to the vublic hearinl!. Failure to vrovide the affidavit to the City Attornev at the vublic hearinl! will result in no action by the '- 1""">. "-"\ Planninl! and Zoninl! Commission. Referral Agencies: Housing ($170) Planning Deposit: $ 480 (additional hours are billed at a rate of $195 per hour) Total Deposit: $650 To apply, submit the following information: (Also see Section 26.304.030, Application and Fees) 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 11 copies of submittal package. 7. An 8 y," by 11" vicinity map locating the parcel within the City of Aspen. 8. A written description of existing and proposed operational characteristics of the conditional use. 9. List of adjacent property owners within 300' for public hearing. 10. Sketch plans of the site showing existing and proposed features which are relevant to the review of the conditional use application - location of buildings, # of parking spaces per unit, approximate elevations, etc. * The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not, in any way, create a legal or vested right. Project: Name: Location: Land Use Application Beaumont Inn 1301 E. Cooper Avenue, Aspen, CO 81611 Riverside Addition Block 21 Lots 1,14. See attached Exhibit A for legal description Applicant: ~ ,. " ,~ Name: Address: Phone #: Aspen Valley Hospital District 0401 Castle Creek Road, Aspen, CO 81611 970-925-1120 Representative: Name: Address: Phone #: Bill BrunworthlDon Gillow 0401 Castle Creek Road, Aspen, CO 81611 970-544-1380/970-544-1141 Type of Application: (please check all that apply): Conditional Use******* Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA ( & SPA Amendment) Historic Demolition GMQS Exemption Subdivision Historic Designation ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane Subdivision Exemption (includes condominiumization) Small Lodge Conversion! Expansion Lot Split Temporary Use Other: Lot Line Adjustment TextlMap Amendment Existing Conditions: The Beaumont Inn is a 31 unit lodge facility that consists of four two-story buildings and one single story building along with pool/spa area and gravel parking lots. Some portions of the 8530 square foot main building was constructed in 1886 with additions in 1940. There are six bedrooms of deed restricted affordable housing on the site. Prior to 1996 the property was a hospitality facility operating as the Crestahous Lodge. Previous approvals allowed 20 additonal motel units to be added to the site in 1984 and a remodeling of existing units in September of 1996. Proposal: The applicant is requesting a conditional use to allow the lodge facilities to be used for the purpose of providing affordable housing for the employees of the applicant. The applicant plans to design a master plan for the long term use of the site for the above stated purpose but initially intends to convert 20 lodge units constructed in 1984 to some mix of studio, one bedroom or two bedroom employee rental units. Have you attached the following? Due: $650.00 Pre-Application Conference Summary Fees r-, ~ Attachment #1, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form Response to Attachment #3, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents Response to Attachment #5, Review Standards for Your Application ATTACHMENT 1 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the AspenlPitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staffreview is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a swnmary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits oe issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. r'\ ~ The current complete fee schedule for land use applications is listed on the reverse side. ASPEN/PITKIN COMMUNITY DEVELOPMENT 2000 LAND USE APPLICATION FEES CATEGORY EE.E HOURS DEPOSIT .EI.AI Major Minor Staff Approvals Flat Fee 265.00 12 6 2,310.00 1,155.00 480.00 Exempt HPC 65.00 Minor HPC Significant HPC <1000 sq. ft. Significant HPC >1000 sq. ft. Demolition, Partial Demolition, Relocation Referral Fees - Environmental Health Major 330.00 Minor 480.00 1155.00 2310.00 2310.00 170.00 Referral Fees - Housing Major 330.00 Minor 170.00 Referral Fees - City Engineer Major 330.00 Minor 170.00 Hourly Rate 195.00 ..... HUG. 30.2000 ,,: 34PM I~.. ,- . -.. .. ::::. STEWART TITLE ASPEN f"'\, ~ NO. 998 P. 1/8 .]) c01 d STEWART TITLE OF ASPEN, INC. 620 East Hopkins Ave. Aspen, CO 81611 Phone: (970) 925-3577 Fax: (970) 925-1384 TO: L:J En;.pa.~ qao~q6q:r TO: Co..,," \ ~ \1. J-e' \ S C'lae"Lf3lA TO: R,Qt'<\p"j I't'toa\P\J,t'C~ t ~~)\ BnJ1I1J'OMYJ TO; ~C6]. I ~ -,- GAa~ 1 t.."O Qq5"q 19q B-jL1-1 S::fS RE: ORDER # a I LJ.4.Cf YOUR CLOSER IS: Po /1 10 1..--/ SELLER --iY\1L; I --1.::::::::. BUYER -F"axeCt L-- USTING BROKER ~ SELUNG BROKER LENDER (IF ANY) ATTORNEY FOR BUYER A'ITORNEY FOR SELLER OTHER: EXCEPTION DOCUMENTS were sent out on g '31 ~BUYER . 2000 to: ATTORNEY FOR BUYER OTHER SELLING ]KER HANDLED BY: dlO/7dt2 Signature' R.-30trJ Date ~U~.~~.~~~~ 4;~4~M STEWART TITLE ASPEN 1""'\ SCHEDULE A 1"""\ NO. 998 P.2/8 Order Number: 00027449 1. Effectlvedate: Auguse 24, 2000 ae 7:30 A.M. 2. Policy or Policies to he issued: (a) A.L.T.A. Owner's (Exeenaea) Amount of Insuran.ce $ 4,950,000.00 Proposed Insured: ASPEN VALLEt HOSPITAL DISTRICT, A COLORADO SPECIAL DISTRICT (/)) A,L. T.A. Mongagee's :& Proposed Insured: (c) Leasehold $ Proposed Insured: 3. 77le estarf! or interest In the land described or referred to in rhis Commitment {lnd covered herein is fee si.mple 4. Title to the fee simple' estate or !merest 111 .\'/Jld land is ot the effealve date hereof vested in; J & B HOTELS, L.L.C., A LIMITED LIABILI'1'r COI1!'ANY 5. 77l(!. land referred to In this Commitment is de.I'cribed as follows: See Attached Legal Description STA TeMENT OF CHARGES Theye ~h({rger are due and payable before a Policy ~((n be ;,'fued. Owners Premium Form 210.l (Owner) :I'ax Csreificar.s $5,503.50 $ 200.00 $ lO.OO F ASPEN, INC. BJ6JJ r- ~ AUlhor;r.ed COllnterrlgnQlure. Chuck. Dorn -~. -...... .....,_<..J<..J -'-=,,-+rl'l ~i~~~RT TITLE ASPEN ~. SCHEDULE B SecTion I ~ NO.99B P.3/8 Order Number: 00027449 REQUIREMENTS 77lefallowing are The requiremenr.l' In be complied wirh: Ilem (a) PaymenT 10 or for [he acCtlunr of The Kramors or morrKaKors ()f the full consideraTion for the esrare or interesr ro be insured. . Item (b) Proper insrrument(s) crearing The estare or imerest to /Je insured must be execrued and duly filed for record. ro wit: 1. Releass O~ Osed o~ Trust dated Juna 1, 1996, executed by J & B Hotels, LLC, to the Public Trustee of Fitkin Counry, eo secure an indebeedness Or $2,800,000.00, in favor of Accive Morcgage Corp., a California COrporation, recorded Juna 5, 1996 as Recaption No. 393376. NO~E: The beneficial incerest under said Oeed of Trust was assigned of record ro Overland Pinancial Company, LLC by ASsignmenc recorded November 9, 1999 as Reception No. 437565. 2, Indemnicy and Affidavit as to Debts, Liens and Leases, duly executed by ehe Seller and approved by Sceware Title of Aspen, Inc. 3. ImprOVement Survey Of the SUbject property, compleeed in ehe lase six monehs approved by Stewart Title o~ Aspen, Inc., this survey is to bs retainsd in tns files of Stewart Ticle of Aspen, Inc. and Stewart Title o~ Aspen, Inc. reserves cha right to add further requirements and/er excepeions to this commitmene upon receipt or said survey. 4. A. Certi~icaee of non-foreign stat~s, dQly execueed by rhe seller(s), pursuant Co Secrion 1445 of the Internal Reven~e Code ANa B. SatiSfactory evidence of ehe seller(s) Colorado residen~y (or incorporae~on) pUrsuant to Colorado House Bill 92-1270. NOTE: Section 1445 of Che Internal Revenue COde requires witholding o~ tax from sales proceeds if the transferor (sellsr) is a foreign person Or entity. Colorado House Bill 92-1270 may require wirholding cf tax from sales procseds if ehe seller(s) is noe a COlorado res~dent. Oetailed information and Forms are available from Steware Title, 5. Evidence satis~actory eo Stewart Tirle a~aranty Company, ~urnished by the O~~ice of the Director o~ Finance, Ciry of Aspen, ehae the following taxe&have ~een paid, or thae conveyance is exempt from said eaxes: (1) Z'he "Wheeler Real Esta:e 'fransfe~ Taxl/ pLlrsua.nt to Ordinance No. 20 (Series o~ 1979) and (2) The "HOusing Real Estate Transfer Tax" pursuant Co Ordinance No. 13 (Series of 1990). 6. Deed executed by all currene managers of J & S Hotels, LLC, a Limited Liabiliey CQmpany~ vescing Eee eitle ~n purohaser. ~1- Continued on next page AUG. 30.2000 4:35PM STEWART -:TLE ASPEN ,-, -. NO. 998 P.4/8 Conein~ation or S~hed~le S - Se~t~on 1 Or~er N~mDsr: 00027449 7. The rollowing is req~ired with respeot to J . B Hotels, LLC, a Limited Liability Company: a. Satisra~eory eviden~e r~rnishsd DY ehe Seoretary Or Staee in whioh Artioles were t~lsd, oonrirming that said Limited Liabiliey Company is in good standing. (i.e., Cereitioate ot Good Standing, or oopy ot Artioles ot Organization bearing file stamp trom ehe Secreeary ot State.) b. Copy ot the Artioles ot Organization ot ssid Limited Liability Company. o. Copy of the Operating Agreement ot said Limited Liability company. NOTE: It any Managers are themselves partnerships er~sts, limited liability companies or corporations, additional req~irsments will be necessary, -2- -_._'-.~""O:;;(J ...;,,:.::.Fi1 STEWHRT II TLE HSPEN SCHEDULE B Secrion 2 ~. NO.99B P.S/B ~. Order Number: 000274H EXCEPTIONS The policy or policies to be issued will comain excepriom to the following unie.'s the same are disposed ofro rhe salis.factian qf lhe Company: 2. Easements, or claims of easements, nor shown hy the pu/Jlic records. 1. Rights or claims of ponies in possession, nor shown /Jy rhe pu/Jlic records, J. Discrepancies, conflicts in boundary lines, shorrage in area. encroachments, and any facts which a correct Sllrvey an4 inspecrion oj rhe premises would disclose and which are not shown hy the public records. . 4. Any lien, or right ro a lien, for services, labor or marerial heremfore or hereafter furnished, imposed by law and not shown by The public records. 5. D~fects, liens, encumbrances, adverse claims or OTher matrers, if any, created, first appearing In the public records or atraching Subseqllent ro The 4fecTive tltNe hereof, but prior TO the dare the proposed Insured acquires of record for value the eSTate or interest or mnnlfolfe Thereon covered by this commitment, 6. Unpatented mining claims,' re,'ervotions or excepTion.l' iI/parents. or an act aUThOriZing lhe issuance thereqf: warer rlghrs claims or Tirle to WaTer. 7. Any and all unpaid tages and assessments and any unredeemed tag sales. 8. Any vein or lode oE ~uartz or other rock in place bearing gold, silver, Cinnabar, lead, tin, COpper or other valuable deposit claimed or knoun to exist on March 23, 1885. and right oE a proprietor oE a vein or lode to extract and remove h~s ore thereErom, should the same be Eound to penetrate or intersect the prem~ses, as reserved by Patent recorded June 17, 1949 1n Book 175 at Fage 245. ~.Terms, conditions obligations and restrictions as set foreh in Occupancy and ~ Rental Deed Restri~tions and Agreement recorded Deoember 10, 1987 in BOok 553 at Page 206 as Re~eption No. 295853. /'" U Terms, conditions, obligaeions and restr~~tions as Set forth in instruments ent:itled " Occupanoy Deert Reserict~on and llgreement/ llEEordable DWelling Unit:.,," recorded August 3, 1992 in Book 685 at Page 208 as Reception No, 347308. and in Book 685 at Page 211 as Re~epeion No. 347309. and in Sook 085 at Page 216 as Reception No. 347310, G Terms, conditions, obligations and provisions or An Ordinance oE the City Council oE the City of Aspen, Colorado. to Rezcne Spec~Eic Properties from Lodge Preservation eo Underlying Zoning wier. a Lodge Preservaeion Overlay as set forth in instrument recorded September 3, 1997 as Reception No. 407979. 12. Th~s commitment is cont~ngent upon review and approval by the underwriter, Stewart: Title Guaranty Company. which reserves ehe right to make additional requirements and/or excspt~ons upcn rev~ew. NOTE: Provided that Stewart Title of Aspen, ~nc, records the document:s oE Continued on next page ~UG.3a.2000 4:35PM STEWRRT TITLE RSPEN f""-,. ,-., NO. 998 P.6/8 Continuation of Sched~le B - Section 2 Oraer Number: 00027449 convey~nce in ehe proposed transaction the status 0: title will be updated from the time oE this commitment to the time of ssia reoorain~. IE said update reveals intervening liens or ohanges ~n the status .0: said e.tle appropriate aceion(s) will be taken to disclose or eliminate said change prior to the recording o~ said documents. If sa~d update reveals no intervening liens or changes in the status of title, Exception No. S above will be deleted. NOTE: POlicies issued hereunder will be subjeot to exolusions set forth in ehe ALTA 1992 pOlicy torm. Policy Jacket, setting torth said terms, conditions maae available upon request. the terms, ~onditjons, and COp.es of the 1992 form ana exclusions, will be ...., . _'''"''~' I Order Number: 00027149 ~I~WH~I iliLE ASPEN ,-. SCHEDULE A ~ NO. 998 P.7/8 LEGAL DESCR/PTION A parcel o~ land be~ng pare of the Riverside Addie~on to ehe City and Townsite o~ Aspen, COlorsdo, sa~d parcel is more fully described as follows: Beginning at a po~nt being a plastic cap on a No, 5 rebar stamped L. s. 2376 whence corner 9 of the Riverside Placer a.S.M.S, No. 3905 A.M. being a brass oap dated 195~ bears North 85008' West 544.05 feet, thence North 15041' Wese 92.08 feet; ehsncs North 14006'59" West 122.02 fset; thence North 13013'32" east 40.54 feet; thence North 78022 'OS" East 33.31 t"eetl thence North 37'34 '04" Ease 56.45 feet thence Noreh 69'24 '15" east 27.55 t"eet; thence South 50'37' East 77.76 feet: thence South 34'21' East 150.0S feet: thence 93.50 feet along a CUrva to the right having tha radius 760.00 feet (the chord of which bears SOUth 24003' East 93.00 feet); thence South 77'45 '50" West 235.32 feet to the point of beginning. Coumrr OF PITKIN, STATE OF COLORADO - -. -,..,. .....'-''-'u ....,.. ..=0,;)1'""1'1 ~1t:wRRT ;ITLt: RSPEN !""\ .~ NO.99B P.B/B DISCLOSURES Pursuant to C.R.S. 10-11-122, notice I. hereby given thst: (A) THE SUBJECT REAL PROPERTY MAYBE LOCATED TN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE L.ISTING EACH TAXINO JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGE!\'T; (c) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division uf Insurance Regulation. 3.5-1, PS"Rgl"llph C of Article VlI requires that "EVery title entity shall be responsible for all maners which appear of recnrd prior to the rime of ",cording wbenever the title ontity conducts the closing and is responsible for recording or tiling of legal documents feS\llting from tbe transaction which was closed." Providod thaI' Stewart Title of Aspen, rnc, cooducts tbe ClOsing of the insured trdns3CtiOIl and is responsihle for recording the legal documents trom the transaction, eXColptioll nllDlber 5 will not appll8r on the Owner's Title Policy and the Lender's Tirle Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may he availahle (typically by deletion of .Exception No.4 of Schedule B, Section 2 of lhe COlnmitm.nl from the Own.r's Policy to h.. iSSll.d) 'lpon cOlllpliaaCol with the following condilions: A. The land deSCribed in Schedule A 01' this commitment mtlst b. . single family residence, which include8 a condominium or townhollsd unit. B, No labor or mSlerials have heen furnished hy m.chMics or matsrialmen tor purposes of construction on lhe land describod in Schedule A of this Commitment within th. past 6 months. C. Th.. Company must ree.iv.. 3n sppmpria!s affidaVIt indemnifying the Company against UI1filed mechanic's and materialmen's liens. D. 11,.. company must receive paymenl of the appropriate premium. E. If tb....e has been construct,on. improvement' or m~ior repairs undertaken on the propeny to be purchased. within six months prior to the D;,c. of Ihe Commitment, the requirements to obtain Coverage tor unr.corded li.ns will include: disclosure of cerrain constl'tlction informacion; tinancial informauon as to the seller, lhe builder :Ind/or lhe conlraclor; payml:/lt of the approl,nate premium; fully executed Ind.mnity agreements sali..factory 10 the company; and, any additional requirements as my be necessary after an examination of the dt("essid informalion by the Company. No coverage will be given under any circumst,,"c.s For !:,hor Or malerial for which the insured has contracted for or agreed to pay. NOTHt"lG HEREIN CONTAINED WfLL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERlmD TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order No. 000274<19 DiscJOIIUI"C5 (YSDO) Rev, 10/99 ... ~'"'.._-_.._.,._._. ......._-,. 1""\ ~ ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Altreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ASPEN VALLEY HOSPITAL DISTRICT (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Conditional Use of the Beaumont Inn for Mfordable Housinlt (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope ofthe proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission andlor City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $650.00 which is for 2.46 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspensioH of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT ASPEN VALLEY HOSPITAL DISTRICT By: By: 6,- '(0 Julie Ann Woods Bill Brunworth ~ ~ Community Development Director Project Manager Date: lor o~fol:> 10/03/00 Mailing Address: 0401 Castle Creek Road Aspen, CO 81611 g:\support\forms \agrpayas.doc 12/27/99 Review Standards: Development of Conditional Use When considering a Development Application for a Conditional Use, the Commission shall consider whether all of the following standards are met. The application must include a written response to each of these review standards. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and ac-tivities in the immediate vicinity of the parcel proposed for development; and C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, includ-ing visual impacts, impacts on pedes-trian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surroun-ding properties; and D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protec-tion, emergency medical services, hospital and medical services, drainage systems, and schools; and E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and F. The proposed conditional use complies with all addi-tional standards r" ~, imposed on it by the Aspen Area Comprehensive Plan and by all other applicable require-ments of this chapter. Requirements Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table 1, which is attached to this summary. Public Hearing Notice Following is a summary ofthe notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done ten (10) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy ofthe notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Standards for notice shall be as follows: 1. Any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet ofthe subject property must be mailed notice fifteen (15) days prior to the hearing. 2. All other landowners within 300 feet of the subject property must be mailed notice ten (10) days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent five (5) days prior to the hearing. 3. Subdivision applications only also require notice by registered mail to ~. ~. Review Standards: Development of Conditional Use A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the of the Zone District in which it is proposed to be located; . Although the zoning of the Beaumont Inn is R-15, and affordable housing is not allowed in that zone as either a permitted or a conditional use, the property does have an LI>O designation which allows affordable housing as a conditional use. Allowing the conditional use ofthis property to provide affordable housing for the employees of Aspen Valley Hospital meets the policy of encouraging the local business community and non- profit entities to participate in the burden of providing affordable housing. It also meets the goal of encouraging greater participation by the private sector in developing affordable housing and meets the housing criteria derived from the Interim Pitkin Countv Citizen Housing Plan. The conditional use is consistent and compatible with the character ofthe immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; , The Beaumont Inn borders the Lacet Court Townhomes on the west property line, which includes category and RO units. Also, the former Alpine Lodge was redeveloped into the Alpine Cottages 70/30 project in 1999, so there is a significant component of affordable housing in the immediate vicinity. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; The conditional use to allow affordable housing should be consistent with the current lodge use. Visual impacts should be no different than those which presently exist, pedestrian and vehicular circulation should not be noticeably different. Servicedelivery should be significantly decreased. Trash will be picked up on a timely basis. The applicant agrees to responsible for correcting any issues related to noise, vibrations or odors on surrounding neighbors. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; The impacts on most of these services should not be significantly different than those ofa lodge operation. Schools may be slightly impacted, however based on the tenant profile at Mountain Oaks and in the free market units that the hospital currently leases, that impact should be minimal. / 1""'\. ~ A. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; N/A The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. The applicant believes that this project meets the above stated criteria. -.., .~ ~~ASPEN ~ VALLEY ~...lJHOSPITAL .1 - 0401 Castle Creek Road. Aspen, Colorado 81611.970/925-1120 October 2, 2000 Nick Lelack/Planner City of Aspen Planning & Zoning Department 130 S. Galena Street Aspen, CO 81611 Re: Conditional Use Application for the Beaumont Lodge Dear Mr. Lelack: This is to inform you that Bill Brunworth and Don Gillow are authorized to represent Aspen Valley Hospital District in the above referenced Conditional Use Application process. Address for the hospital and both representatives is 0401 Castle Creek Road, Aspen CO 81611. Phone contact numbers are as follows: Aspen Valley Hospital Bill BrunworthlProject Manager Don Gillow/Employee Housing Manager 925-1120 544-1380 544-1141 Please feel free to contact me with any questions or concerns. Sincerely, .~ I!/JJ~ Randy MiddleJook CEO/Administrator Aspen Valley Hospital .. United to Improve America's HealthSM Fed 10 # 84-0720309 t7>._"rcOON \::;JRl!CYCl.EDPIJ'fiR -. -...., , , ~;~~M~I '~IL~ HSPEN NO.99B P.7/B 1"""'\ SCHEDULE II 1"""'\ Order Number: 00027449 LEGAL DESCRIPTION A parcel o~ land being part of the Riverside Addieion eo ehe City and Townsite o~ Aspen, Colorado, said parcel is more f~lly described as follows: Beg~ning at a pOint being a plastic cap on a No. 5 rebar stamped L. S. 2376 whence corner S ot the Riverside Placer a.S.H.S. No. 3905 A.H, being a brass aap dated 1954 bears North 85008' West 544,05 feet, ehence Noreh 15041' West 92.08 feee; ehence Noreh 14006'59" West 122,02 teee; thence North 13013'32" Ease 40.54 teet; thence North 78022'05" East 33,31 teet; thence Noreh 37034 '04" East 56.45 feet thence North 6S024 'IS" East 27.55 feet; thence South 50037' East 77.76 feet! thence South 34021' East 150.0S feet; ehence 93.50 teee along a c~rve to the right haVing the radius 760.00 feet (the chord Of which bears South 24003' East 93.00 feet); thence South 77045 '50" West 235.32 feet to ehe poine of beginning. COUNtry OF PITKIN, STATE OF COLORADO . -.----.-...-.-..-- --.... . ._---_._."--_.._.__......~ ~ -.., Existing Operational Characteristics of the Beaumont Inn The Beaumont Inn is currently operating as a public lodging facility with average occupancy of four to five days per room for thirty one rooms. There are six bedrooms of category housing on site which are occupied by lodge staff. There is a dining room which is open for breakfast only. There is a pool and spa area for guests. The site provides approximately thirty- one parking spaces for guests and residents. Proposed Operation Characteristics of the Conditional Use of the Beaumont Inn Aspen Valley Hospital District proposes to use the thirty one lodge units and six bedrooms of category housing to provide affordable housing for its employees. This may include seasonal and long term occupancies and rental and possibly for sale units. No determination has yet been made as to the definite allocations and the hospital would like to secure flexibility for the mix of those uses in the future. No decision has been made as to whether the pool and spa are will remain for tenants. The hospital is not planning to operate the dining room facility. /v~?\\'\\ . \. , , />-', \ \ /~ \.. \ '.J- I '. . , , , ' -~7 ,...-'(o, ,;-(J ,_::;-' ~,.>-:\ !'.-, _",'>'. \ L \ ~ \ ,,," \\ ~, .~ ~ /\ i ,I.', ~\ --' \ .,_..__~~t;lAdditiOn ,'_ ~ ~\ ----- ,--------\ \\ ~\ \ \. ~\ "7 . ":\' -.,. . '--. ~1' , , I '__ '__ , I \ ..I. ~ ---...:,.,' , ,i' i r~ .\ ~ ',107009\ laKe\/l9W Townnorne \/.... ,f' ~ " , ........ ~ , loaai7-" ~ lllOO24 '.,...., , , , , , \ \ \ I 1_ L! 14!!ll1D Q , , , 1'-''--1 I 1170i1 ' I' ~\: , ..- 17012 ",-. , , " \ \_----- 14!!ll1D LJ 1_ , --' V- -'''( , 1 \ 113 : ," 1\ ..----J-..~ \ v~~ , 0----= ",: .' 1 ( , , / \ . . \ ~\ .. \ , , , , I / L et\ 1_1 14l10117 '--" '-- 117008 '- 11!Z11l.4 \ \ . ~' - _..-- ! ~ .. 117DOT_ -..,t , \ -----; , - - tJ.7ll8r' 11701.5,' t_, --- 1 1~lli:.n~rancP. _I'UD ~:,;.... 16ie,s . . \ "\, A~M,vD S#lyder ~I'UD ~_oj) ; s.,je,-MI'~"'\ I ,i ~~D J.uD,' I ,,"~' 11,l1i 'I I II i I/O: r- ' ! C I') 'I-'! ~ ,! /f j jO'j' I ,,~._j ~ ~" ;' / !/ y:~,_.\ " I ~ "'1'"1-- /,," I, ! o l' ( ., ' / \./ (' - \ \ ~ i 1111IO ~ l.. / I ~ 117D113 ;-; -- 117001 -~.-~' 117D02 / .~ 1'.) , "" 0- . ~3.~ Ir-P-----, ~ . ~ ?~ ~ - ~O,:y '~ ~ (Employ... . .~ . , ./ ?f'2 CRESTAHAUS LODGE GROUND FLOOR PLAN I o (2ND LEVEL SIMILAR) "" , -10 I 100' . .. , &> (2) ,- Perkin. o P.,klng (}.) N ~ " .. ., ~ o o u .. II II W \ : i ii i ,.'<ct, :i) -.. ~ Tom and Carol Kurt 1375 Riverside Drive Aspen, CO 81611 Mail: POB 7977 Aspen, CO 81612 Telephone: 976-925-6648 RECEIVED Nav a 2 ~nc:) ASPEN I PITKIN COMMUNITY DEVELOPMENT October 24, 2000 NlckLelack Aspe!llPitkin Commnnity Development 130 South Galena Street Aspen, CO 81611 Re: Our home at 1375 Riverside Drive in the Riverside Addition, Aspen, CO; and, "Public Notice" to use of nearby property mnlng ehanges involving the "Aspen VaHey Hospital CondltlonalUse for Affordable HOWling at the Beanmont Inn" Dear Mr. Lelack: As a 22 year homeowner of 1375 Riverside Drive, I'm responding to your mailed "Public Notice". Our home, 1375 Riverside Drive, is the second house in from the Riverside Drive comer with Highway 82. We have watched the Beaumont, formerly the Crestahaus, since it was owned by Guido and then by the Balke family to the recent rapid succession of owners. Weare specifically against the rezoning of the Beaumont site for the following reasons: 1. Parking: The 51 units described in the Aspen Times are not necessarily accompanied by parking spaces for 51 vehicles on the property site without looking like a very stuffed and cluttered parking lot. 1 have never seen, nor do I see how conceptionally 51 vehicles could be parked on the site. And, if such could be engineered, the visual appearance would be more like Vail, not Aspen. 2. Traffic and air pollution from being opposite side of Aspen from the hosoital: The property is located on the opposite side of the Aspen from Aspen Valley Hospital and there are closer properties near to the Castle Creek Road site of the hospital. This will mean for infinity, that 51 vehicles will be driving throu&ili Aspen twice a dav going back and forth to work. Not only does unnecessarily increase traffic congestion on the artery of Main Street, but it increases air pollution from the vehicles in the core of the city. I would like an environmental imoact statement from Tom Dunlon. Chief of Environmental Health for AspenlPitkin County concerning the environmental impact of this cross town traffic ad infinitum. Approve a site closer to the hospital. 3. Disprooortionate number of units compared to recentlv hired emoloyee base: The necessity of the large number of 51 units compared to the total employee size of Aspen Valley Hospital is questionable. In other words. the number of units is l!I'eatlv disproportionate to the number of employees needinl! such housing. Most of the employees at Aspen Valley Hospital have been working there for decades, as witnessed by the annual service awards posted in the Aspen Times and are long term valley .~ .~ Page 2 Tom and Carol Kurt He: Rezoning of BeaulDOnt Inn to employee housing residents with existing employee housing. This raises questions of overneed and whether there might be underling motives of speculation among those promoting this purchase. 4. Potential litigation from class action of nearbv homeowners, includinl!: us. of the Riverside subdivision for loss of property values: Recently David Middleton of the Elk Mountain Lodge brought suit against P&Z and the County Commissioners for loss of property value from a nearby patented mining claim where he has a home site approved. This was cousidered a valid point and blockage to his development was withdrawn. Property tax paying home values on Riverside Drive are high, with three home sales in the last year in excess of $3 million. Creating the eyesore of a 51 unit oarkinl!: lot emplovee housinl!: site adiacent to the entrance of Riverside Drive will detract from PropertY values in the nei~horhood. resultinl!: in a loss to the homeowners. 5. Loss of orOl)ertv values in the Riverside subdivision will create a loss of property taxes for the City of ASIlen. the Aspen School District and Pitkin County: The property value loss just alluded to will have a backlash effect on the real estate tax base for the city, school district and the county. 6. Loss of skier 10d!1e units for Aspen Mountain: Much has been written in the Aspen Times recently about the large number of small and more affordable lodges that have been sold off in Aspen in the last few years decreasing the skier lodge base. This undermines the entire future of Aspen as an attractive ski resort to be decreasing available lodging units for visitors, whether winter or summer. In addition, it decreases affordable lodge units, leaving only the more expensive large hotels. Finally, it destroys the character of Aspen which has relied upon a community image that has included small lodges, such as the St. Moritz, Skiers Chalet, Holland House and others. For the future of Aspen and Aspen Mountain, this needs to be stopped! Now!!! Therefore. we stronl!:lv discoural!:e the rezonin!]; of the Beaumont Iun into employee housinl!:. Simultaneouslv. we encoura~e alternatives that would preserve the Beaumont as a lodl!:e. based upon all the reasons described. J;;'~ TomK~1r Thomas L. Kurt CC: Patti Clapper, County Commissioner Tom Dunlop, Chief; AspenlPitkin Environmental Health Bob Blaich, Chair, Aspen P&Z' Carol Ann Knopf; Carol Ann Jacobson Realty Jack dePagter, owner, Hollat:ld House ~A,.E ~~il '---/---" , \ '---J I ~ I ...' / \ I , I I . -." / 10002. ''l"-'' , , , , , , , , ~~':~~1\\ 17812 ~ \ \ \'1 \ \ '- ' I I \ ------ ' , ' , ~ ~ ~ " I, : (r(o~\; C,_ \. 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III " W o I I \ CII III ), r ~ :r P.rkl"1I ., CRESTAHAUS LODGE GROUND FLOOR PLAN (2ND LEVEL SIMILAR) I o :lO . .", . C6 I 80 I 100' Leon Murray, 11:58 AM 11115/00 -0700, Hospital purchase of Beaumont Inn .~ Page I of I ~ X-Sender: 1m107@pubsaf X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Wed, 15 Nov 2000 11:58:16,0700 To: nick1@pubsaf.ci.aspen.co.us From: Leon Murray <lml07@ci.aspen.co.us> Subject: Hospital purchase of Beaumont Inn Cc: kilO2@pubsaf.ci.aspen.co.us, bwb@avhaspen.org Nick, Bill Brunworth of A VH called me last week and asked about traffic impacts the purchase of the Inn may have on the neighborhood, and the hospital's employees. I have spoken to several officers, and have added my own observations/thoughts. He and I spoke today and he asked me to send you my impression of the impact. Historically, that section of E. Hwy. 82 has always been an area were commuters speed into and out of town. The Police Department for the lastseveral years has concentrated speed compliance efforts in that area utilizing marked patrol cars equipped with Radar devices, or parking a'Radar Speed Display trailer on the highway just east of The Beaumont Inn. We feel that these efforts have reduced the speed problem, but have not totally eliminated the issue. When the Inn was a hotel operation, the tourist and their vehicles really didn't add a visible traffic problem to the area; not every room had a car belonging to it's guests. I would speculate though that when the AVH employees move in there will be a very noticeable increase in the numbers of vehicles parked there and entering/exiting the lot onto the highway. As you probably know, the entrance into their lot is at the top of a blind, elevated curve. This anticipated increase in traffic entering onto the highway presents more possibilities for broadside accidents. In speaking to several officers and reviewing accident data for that very specific location there doesn't seem to currently be an accident problem, but I am still concerned because of possible increased traffic entering from the lot. I would suggest that you request the City Engineering office review the current traffic signage in the area, with an emphasis on will the current signs properly serve the anticipated increased traffic from the Inn. Because the roadway is a State Highway, the Colorado Department of Highways may also need to be involved. To summarize, I am glad that more affordable housing is becoming available to the local work force. I would recommend that some thought be given to signage and also to educating the new occupants about the possible hazards the roadway presents. - If you need anything else, please call me at X5245. Leon R. Murray Patrol Sergeant Aspen Police Printed for Nick Lelack <nickl@ci.aspen.co.us> 11115/00 ~ ~ - ~, - !!!Y!~ "'" BUSINESS 970 925-6750 FACSIMILE 970 920-4378 ,~ ~ OCT 2000 city II/forney~~ Office . CARRIE H. WELLS, G .R.I. INT'L PRESIDENT'S ELITE, Top PRODUCER COLDWELL BANKER THE ASPEN BROKERS LTD. 720 E. DURANT ASPEN, COLORADO 81611 October 3, 2000 John Worcester, Esq. City Attorney City of Aspen 130 South Galena Aspen, Colorado 81611 ~ If. ~b~ ~~d- ~~i'~. J..-'~~ y;;- As their listing broker, I represent J. William Cocreham and ~;/! / Jeffrey R. Stafford, ("Sellers") the owners of the Beaumont Inn as r '-'C("' their listing broker. This property is currently under contract to the Aspen Valley Hospital ("Buyer"). The Buyer would like to submit a conditional use application in order to establish the right to use some or all of the lodge units for affordable housing. The Sellers are concerned about the effect that a new application which is for a different type of use than the existing lodge use might have on the existing use and the pending land use application for lodge expansion. VIA HAND DELIVERY Dear Mr. Worcester: Nick Lelack in the Community Development Office has said that in his opinion, this conditional use permit would simply add another use for the property and would not have a negative effect on either the existing use or any pending or further land use applications that might be submitted. Please review and sign the attached letter if you are in agreement with Nick's position. Please let me know if you should have any questions. Sincerely, (J~~~ Carrie H. Wells Broker associate enclosures EACH OFFICE Is INDEPENDENTLY OWNED AND OPERATED. i"""',. -, II THE CITY OF ASPEN OFFICE OF THE CITY ATIORNEY October 3,2000 Mr. J. William Cocreham Mr. Jeffrey R. Stafford - 13 0 I East Cooper Street Aspen, Colorado 81611 VIA F ACSIMlLE TO 970-920~4378 Dear Mr. Cocreham and Mr. Stafford: If a Conditionai Use Application for affordable housing is submitted and approved by the City for the BeaUmont Inn site, such approval will not constitute a mandated use or negate any other uses permitted pursuant to the City's Land Use Code, including its existing use. Approval would'not commit the property to affordable housing only and any units converted to affordable housing could be converted back to lodge units at a later date; provided, however, such use is authorized by the Land Use Code for that zone district at the d~te of the proposed conversion. Sincerely, ~/7~ John Worcester City Attorney ~c.:' ~~tvn~, . 130 SoUTH GA"NA STIlEET . ASPEN, COLORADO 81611-1975 ' PHoNE 970.920.5055 ' FAX 970.920.5119 . 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S'::I a ::I S' :: n 0 00"0..... 3 (to <;I}:.:;::" n ~ a ~ Q..:E CIl 00 S; i: ,5'-~~ ~ g.9~Wg:g,~ ~ ~~ ~ !g'~.g,1i~~ g.lg-g ~ ['" ~E: ~ifog-3 ~g g ~ 0" _. 0 0 .:E n "t::l CIl""R 0' 8: n r;n ::l ~ 00 -'(1 00" CIl ~ ~ _ ~ 3:::r '" c.. @ _. _...... \t U: g. g: ~ ~ if g- [q ~ g.3 ~ g,"tf ~ ~9- g ii' [JJ' g- ~ . is (l ~ ~ 1i ~~;; ~ if ~ ~~ ~ ... t ;;l ~ " ,. ~ == " :::l s: S' ~ . ~ Q is' "" == i fIIIIIIia ... .0, ~ ~ ~ .Beaumont / . continued from page 14-.4 Hospital officials have dis- cussed a bond issue to fund pur- , chase of the Beaumont, though it would initially be purchased out of cash reserves. according to Verna Bartlett, A VH chief finan- cial officer. Bonds could be used for both the Beaumont and the joint project with the MAA, though the costs of that project are not yet defined, she said. A bond issue for housing would not jeopardize the hosp;: tal's financial position, Bartlett added. "Our debt reserves are quite conservative," she said. ~, r Think Big Snow Baby! ond conversion of an Aspen lodge to employee housing this year. The UIIr Lodge was recently ren- ovated as the Ullr Commons Condominiums. Ten local busi- nesses purchased units at. the 27- unit complex to rent to their employees. AVH actually put in a couple of offers for the UlIr, Brunwortb said. When the Beaumont came to the hospital's attention, staffers were immediately impressed, he said. "Until I went up there and walked it, I didn't know what a, great property it was," Brunworth said. "This should not put us at any dangerous levels." Brunworth said AVH hopes housing can be provided' at the Airport Business Center and at the Beaumont instead of on the hospital's campus. Pitkin Coun- ty's 1997 approval for a medical , office building at AVH required a significant amount of housing at the hospital. 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I I = =aQ = 0 ...... ~ = a- a- t;l Dl :5- '" ~ =-- ~ ~ " "'" '" 0 0 ~ :" ~ = = . tee ~ ::;l " l:. ~ = '" :::; ~ ". aQ Dl ,... ~ r-, ,~ HELEN KALIN KLANDERUD RECEIVED NOV 0 3 c ASPEN I PITKIN COMMUNITY DEVELOPMENT November 3, 2000 Mr. Nick Lelack Aspen/Pitkin Community Development Department 130 South Galena St. Aspen, CO 81611 Dear Nick: I am unable to attend the Aspen Valley Hospital Conditional Use for Affordable Housing at the Beaumont Inn public hearing on November 7, 2000. My residence is located at 1380 Riverside Drive, contiguous to the Beaumont Inn property. Please forward this letter to the Planning and Zoning Commission as my comment for the public hearing. I have no objections to Aspen Valley Hospital's application for conditional use for affordable housing on the Beaumont Inn site. In fact, I applaud the hospital for purchasing this site for affordable housing, although I am sorry to see the demise of another of Aspen's small lodges. There is a long history of applications for redevelopment of this site. Should the hospital apply for redevelopment in the future, contiguous and adjacent neighbors, inclUding myself, will want to insure that previous conditions on this property are not overlooked nor simply waived. Sincerely, /~~~-~ // -;., - Helen KaJin Klanderud