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HomeMy WebLinkAboutLand Use Case.333 E Durant Ave.A019-01 f""', CASE NUMBER PARCEL ID # 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 n A019-01 2737-182-45002 Mountain Chalet LP Expansion. GMQS Exemption. Rezoni 333 E. Durant Fred Jarman LP Expansion. GMQS Exemption. Rezoninq Mountain Chalet Enterprises Haas Land Planninq 9/10101 Ord.23-2001 Approved 9/26/01 J. Lindt .'...... ~ , r, I 08/21/01 Tl~ 09:21 FAX 970 925 7395 r'l Haas Land Planning, LLC ~002 ,-.. ,- ':; PUBLIC NOTICE RE: MOUNTAIN CHALET REZONING FROM LODGE I TOURIST RESIDENTIAL (LrrR) TO LITR WITH LODGE PRESERVATION (LP) AND PLANNED UNIT DEVELOPMENT (PUD) OVERLAYS; MINOR PLANNED UNIT DEVELOPMENT; SUBDMSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 10, 2001 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Ralph MelviI1e, owner of the Mountain Chalet represented by Mitch Haas, requesting a rezoning from Lodge I Tourist Residential (LrrR) to LITR with Lodge Preservation (LP) and Planned Unit Development (PUD) Overlays; Minor Planned Unit Development; Subdivision for the MOuntain Chai\!J: IOl:at~d at 333 E. Duza\...t Ave;nue, Lots E, F, G, H, and I, Block 84, City of Aspen, Pitkin County, Colorado. For further information, contact Fred Jarman at the AspenlPitkin CmUlty Community Development Department, 130 S. Galena 81., Aspen, CO (970) 920-5102, fredj@cLaspen.co.us. slHelen K1anderud, Mavor Aspen City Council Published in the Aspen Times on Al1Ojc:;t. 25,2001 . City of Aspen Account r- I ()- tJ I ,11//' llJo Il/'O/ (}.13JECr T~ /J-IV[' o/" ;/1 E CHA/VGE5 ,MhO,,(=: 17; !?/Jl?/I UE1vILLE, ~ "Q-1I4Jcr~~ ;1/L 10~~ /tt/u1~~~~',P~Adthtt ?,~;y .fr~~ 1f}::l};(~ i) ~ County of Pitkin } } State of Colorado } ss. AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.304.060(E) I, s\;:dn \-\o~P~y,~~ . being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following , manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the ~ day of A\''5"st ,200"L (which is Jl. days prior to the public hearing date of \0 kf' 01 ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the ;t1 day of AlA.jlA s \- , 200.l..., to the l.Q.. day of ~ ' 200J_. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. (Attach photograph here) Signature ~+~~ Signed before me this 2 day of Alj/.tSi- 200 L by \VITNESS MY HAND Al'lD OFFICIAL SEAL My Connnission expires: rY\Ovr ch iYJ / 6W OS < ~ 'PER PARTNERS R COMPANY CIO \IN ST CO 81611 ::NTAL DIVID ,ADO CORP LL ST ::;0 8161 ,K JOHN 50% INT ,K FRANK JR 50% INT ~ONARCH ST CO 81611 11TH ADAM D LSIDE RD SON, MD 21153 , KENICHI )NARCH ST #1 CO 81611 .AD RAYMOND R & EMILIE M RWOOD RD )BLES. CA 93446 \IN CHALET ENTERPRISES INC JRANT AVE CO 81611 MARl lOPER #4 STE 1 ::;081611 EN DEAN STREET LLC RWOOD HOTELS & RESORTS :AMELBACK RD STE 410 ',AZ 85016 BALr!'"':ON CABELL LLC CIO HEo,{BERT BALDERSON 708 SPRUCE ST ASPEN, CO 81611 CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 FLEISHER DONALD J 200 E MAIN ST ASPEN, CO 81611 GREENWOOD KAREN DAY & STERLING JAMES 409 E COOPER AVE ASPEN, CO 81611 KLEINER JOHN P 55 SECOND ST COLORADO SPRINGS, CO 80906 MCDONALDS CORPORATION 05/152 REAL ESTATE TAX SECTION PO BOX 66207 CHICAGO, IL 60666 MSE ASPEN HOLDINGS L TO 1575 PONCE DE LEON FORT LAUDERDALE, FL 33316 PICARD DEBORA J & DOUGLAS M 2600 GARDEN ROAD - STE 222 MONTERREY, CA 93940-5322 WALTERS 1/5 & ROLLlNS1/S & GORMAN 1/5 SMITH 1/5 & BONDS 1/5 7350 W FAIRVIEW DR LITTLETON, CO 80128 n CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 GOLDSMITH ADAM 28 WASHINGTON SQUARE N APT 5 NEW YORK, NY 10011 HILL EUGENE D JR 1/2 3910 S HILLCREST DR DENVER, CO 80237 L1MELlTE INC PAAS LEROY G 228 E COOPER AVE ASPEN, CO 81611 MEYER GUIDO PAUL 23655 TWO RIVERS RD BASALT, CO 81621 PASCO PROPERTIES COLORADO LLC SMITH PATRICK A POBOX 688 BLOOMFIELD HILLS, MI 48303 SAVANAH LIMITED PARTNERSHIP ICE RINK 13530 BALI WAY MARINA DEL REY, CA 90292 h, '...... 08/21/01 Tl~ 09:21 FAX 970 925 7395 I'"'; Haas Land PlannIng, LLC -f) ,> I4JOQ2 PUBLIC NOTICE RE: MOUNTAIN CHALET REZONING FROM LODGE / TOURIST RESIDENTIAL (LITR) TO LffR WITH LODGE PRESERVATION (LP) AND PLANNED UNIT DEVELOPMENT (PUD) OVERLAYS; MINOR PLANNED UNIT DEVELOPMENT; SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 10, 2001 at a meeting to begin at 5:00 p.rn. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Ralph MelviI1e, owner of the Mountain Chalet represented by Mitch Haas, requesting a rezoning from Lodge / Tourist Residential (LITR) to LITR with Lodge Preservation (LP) and Planned Unit Development (PUD) Overlays; Minor Planned Unit Development; Subdivision for the Mountain Chalet located at 333 E. Durant Avenue, Lots E, F, G, H, and r, Block 84, City of Aspen, Pitkin County, Colorado. For further information, contact Fred Jarman at the AspenlPitkin County Community Development Department, 130 S. Galena 8t., Aspen, CO (970) 920-5102, fredj@ci.aspen.co.us. slHelen Klanderud, Mavor Aspen City Council Published in the Aspen Times on Au.!tet 25,2001 City of Aspen Account ..: ,": . :;~::'<::", ,., ',''''':',,;~:,.-:;,:::'~,:- ;~';:':;,-.7 .'." , I.'~.' .10.2001 3:47PM ASPEN HOUSING ore ^ . NO, 03S-P.1- ~ ~ Housing Office City of A5penlPltkln County 630 EIIt Main Strea~ lower level Aspen, COlorado 81811 (970) 920.15050 Fax: (910) 920.5580 www.aspenhouslngoflloe.com FAX TRANSMITTAL FORM Cate: r - (0-0) ~~ ~(j vV'v\.~ To: ~ F~#: ,From: ng of legal and/or -Zletter size pages (including this cover page). ptlon or Additlonallnstl\lction$: -#- L)y ~J fJ -2 fftr'~ J~(1' 3 ~ If you ha any problems receiving this transmission. plesse call 970.920. 50. . at . ' 1- _J .10,2001 3:47PM ..=.~~~ ~;.~~M ~SPEN HOUSING ore R:;it"1;.N HU~J.I"'tl.D \"Irl.. t""'1 \.',}.'"," .: .,(;, " ''', ,,.-,,, , 3' m.03S--p.2 .~= fo'.c:. - -' '-" :. TH MIchael Ii! address i~ Authcl1~ AMENDI Pllge 781 asl'Aut CUPANCY D.,D IIt.STRICTION AND AG,,!!MENT FOIIt AN IMPLQ'/a' "VIIt=IJ.IN'UNIT VED PURSUANT TO ORDINANCI!NO. 48 ($EFtI'S 'OF 1.8) ACaRIEMENT. is mede and' entered. Into this ~IY of February, 2000, by rencIt, Owner of the St. McrllZ LocIll. (herelnllfter refelTld to as "OWner"), WhOl8 34 West ~n, located In the County of PiIkln, Bnd 1he AspenlPltkln Count)/ HOUlill; reinlfler APCHA). a mullloJUrlad. IGilClI1iIl, housing authority established pullam Il:I the AND RESTATeD 1~R-GC)VIiRNMENTAL AGREEMENT recorded In Bolli< 805 at . the recorde of the Pitkln Count)/ Clark end ReIlOrde!'t Ollie. (hereinafter referred to WITNUIITH RIAl, OWner owns 1'1111 prope~ more apeclftCIIIly d.ecrl'oed III Loll 1<, 1. and M, IInd Town. of ASpen (hereinafter refelTf!d fA:) III "Real Property"), WhiCl'l Alai all con.ln . lodge with two affordable houling unIts con18ined within the existing St. Moritz \.Q ,The two unltseonslet of.a CetegOlY 2 st1.ldiO unit 8Tld . Category 3 twebeclroom unit. ThIB Mopmant YIH epprevta by City Council by Ordlnall9 No. 48 (Serles of 1 !le9). "or purpoSl!Il "1, A;J'Iamlnt, the Employee cwel1lng Units, the Rut Propel'\Y, Ind all appurll!lnl II, Im;lravaments and tlKium III.octad therewith ahall herolnlfter bl l'fIfarred to .. th.~~P ; and IRIAS, this Agreernent imposes certain covenllnie upon thl Property which restrict the uee a oooupanoy of thl EmplOyee Dwelling Unlta to employees Ilnd their famlll.. who are emplOyed n Pitkin County Ind meet the qualification guldelllles estebllshed and Indexed by the Aut"o~t)/ an 111111.181 bIIsls. N W. THEREFOflJ!. in consideration of the m.Lltual promises and obllglilon, contlllnecl herein. th OWner hereby covenants and laresS IS fclllcme: 1. er hlaniby cavenants that the EmployM Dwelling Unite described above ahall at all remain I'8ntal units, If the IocIg; la condomlnlumlzed, the two unlll will remain rentel far quanfled employees asli~ul.l8d In the Aspen/P!tkIn County Housln; Cluldelines. 2. usa and occupancy of the Em;lloyee CWtlDng Unitl shall herlc:efortl'l be limited lualvely fA:) haueln" for ;mployees and theIr familiA whO Ire emploYed iT! Pitkin COulUY Who meet the dlllnltlon of "quallflid Category 2 or 3 Imploylle&" AI thIt III1'm II neel by the quallfloallon guidelines e8tablishecl Bnd ind;xed by the AuthOlity on an a UIlIl8lIl, Ind pertlllnlnll to the epeolflc unit. The Owner ahall have the right fA:) 11.11 th Employee Dwelling Units 110 . ,"quanlied Category a or 3 ."",lovea'" 01 his own Oil. If lI'Ie tenant II employed by the OWner. ttIe Income end yell restrlctlolUllhsll walvR, provlclecl such pnon(l) fulflll8 11\1 oll'ler requIrements of. quallflecl employee. unit muet meet occupancy requlremente a. established by the APCHA and reviewed tlm. to lime. 3. I!mployee Dwelllnll Unlta shall notba. occupied by the OWl18l'. but ll\8)' bIB occupied by bera of the lmmedieie family ('Immediate !family" shall mean a person related by ~1'~Jl/ml(1'Q~I!I~IU1llm"ll!I' 111/1111" a .f 3 R al.Be 0 e.ee N 0.ee Pl~rNC~1.~ )--- .:J~.::~l 1 ;31.~r;;~M FtlSfE;1'j .tl9lJ?It1G ore 1""'\ I " 1'IN0.035 "'P.3 r") - Ql' mlTTiaP WI\O Is a flnilt coulln [or closer relative] and hll Of her children) or the ae 101'1Q I' the tenant Is e QUllilitd ImplCly!le aa stat.ed In the GuldeDnes. The IoyIe Owelnn; Unitt shall not. at any Um.. be Uled ala ;ueet houae Q1' ;ueet flcllI\y, 4. Wil' ;3n verlflcdOn or employment of employee(.) proposed to resIde In the employee lIIn; Unltl .".11 be completec:l and filed wlth tho Authority by the OWner or the e loyI8 Dwelling Unit PRIOR to occupln~ \hereOf. liInd aucl'l verifteatlon must be e ptIbIe to the Authol'i\Y, ' &, Th Imployee OWillllln; Units shall be required to be ronted fer periods of no leu thin ,be (8) OllnleGlltiVl months. Upon VlilClaJ\~ Of the I!mployee OWelfin; Unit, the Owner II forty-five (45) days In which to locate . qutllfted employee. If no employee Ie pi d by the OWner, the Authority may rent thl Employee Dwelling Unitt to a quallfild 1 oyM. 8. ", m8llimum rentel rate Ihall notllxcetd tl\e CateGOry 2 rental ra1e fOf 11'11 Wldlo unit or cattQOlY 3 rental I1!lte fOr the tv/o.beclroom unit 85 set forth In the Rental Guidelines bllshed by the Authari\y end mttl be adjusted annually 88 set forth by the Guidel\nu, T mIldmum permitted re!'lt for tile studio unit on the date of eteCUtlon or this deed r8 illlion II ,sa per month. Tko nvaximum pel'mltted rent t\)r thl twGbedfOOm unit on th dlte of executiOn of Ihls deed 18strl*rlil $1,157. ~t shall be verified and approvec:t b Authorttv upon submission and approval of the I...., I!mployees shall be qUIUfted II the Authority ;1 to U.CCII\~ltIol'ls stated In the Qulcl.Unes relating to the deftnltlon of I q IIftICl empl~. 7. . Lf ~ll' agroementll execu1ed for ac:cupanllY of the Employee Dwell1n; Unit .hall provide 'ler a I_I'm of not leBa than sbc (S) coftleoutlve mOl'lthll. A signed and execLItICI cop>, of th leue ahall be provided to the Authorlty by the Owner wlthln ten (10) daya of Ippl'OVll oj . e ployae(e) for the Imp\oyH Owelllnll Unit. a. 18 Agreement shall oonslllute ~11~n~ ru"nlng with the "Ial Prcperty II . burde" ~ for the beftlftt of. and shall be speCificallyenfel'C8lble by, the Autho!lty, the brei County Commissioners of the County of pilIcin, Colorado, end theIr mpeotlVl Bears. aa applicable, by any appropriate legal action InclllGin!l, but not ftmlted to, nGUan, aDstement. or e\llctton of noJ'l.qullllfiod tenants. WlTNE88 HEREOF, !he partles hereto have ~ted this InetrLll!lent on tnla date and first wrltterl. 334 west Hyman, Alpen. CO 81811 (Notary on following page) ". 2 ~t:lWJ:.~~'~I~Dr- ...- .10.2001 .18.2Iilfaa 3:47PM 21 12f'M ASPEN HOUSING OFC A~ HOUSINQ OFt: 10 "N0.03S--P.4--" - -- ,--,,, NO.!539 P.4 -' '- ) ~ 1eregcln!llns1rumlnt by MlcI'l.. hl'lndt, OWner of the . WI NISI MY hIiInd and <<IIClal eeal; My OClmmlsslCln 11Cpireel 4/ A- /dIJ~ " . -~ ~z, ry Public ACCIiiPTANCIIIY THE HOUIING AUTHORITY 1onIlloing agreement Elnd Ita terms are aceapted by tl'll AepenlPltkln Oounty H_n" 1i=lITI<IN COUNTY HOUSING AUTHORITY AeplnlPltkIn County HOUlllng AuthCl~ 1530 East Main, Lowar Level ASpen. co 81611 II. COUNTY ~~ - '. "" 3 U~'lIU~II~~tWII!ll~I~G~II!lll~!ltlllll~III" a ., a R 11..' D.... N e..' PITKIN COUNTY Cll ....!' ~ , SJ~,10.2001 3:47PM ASPEN HOUSING OFe r\ '-No.035--P,5 ("") I OCt:tll'ANt:Y DEEl> RESrRZt:77ON AN/) A6REEMENT FOR AN EMPLOYEE DWEI..J..rMJ f./NIT APPROVED Pf./R$l/ANr ro RE$OL/ITt()N NO. IS AfREEMENT is made and enterlld into this dQ'{ of , 2001, (hereiMClfter referred to as "Owl'ler"), whosll address , lo~ated in the County of Pitkin, and the '1'1 County Housing Authority (herllinafter APCHA), a multi-Jurrsdl~tlonal hOl.lS1n9 authori established pursUGl'lt to the SECONDED AMENDED AND ~eSTATED INTER- GOVERN ENTAL. A6REEMENT recorded at Re~eptlon No, 445444 of the records of the Pitkin Co ty Clerk and Recorder's Office (hereinafter referred to as "Authority"). WITNESSETH W EAEAS, OWl'ler ownS reol property more specifically described as stated in Exhibit' , " (hereinafter referred to as "Reol Property"), whicfl Reol Property sholl contain one "Fre Market" unit and one affordable dwelling unit to contain bedrooms, approxlm ely ,net livable square feet, approved by the Board of County Commlssi ers pursuant to Resoluotion No. , re~orded at Reception No. of the PI kin County Clerk and Recorder's Office. For purposes of this Agreement, tfle Employee welling Unit, the Real Property, and 011 appurtenances, improvements and fixtures QSsociat therewitfl shall hereinafter be referred to as the "Property"; and W EAEAS, this Agreement imposes certain covenants upon the Property which restric'i' e use and occupancy of the Employee Dwelling Unit to employees and their families 0 ore emplQ'{ed In Pitkin County and meet the qualification guidelines establlshed and index d by the Authority on an annual basis. . TI-lEREFORE, in consideration of tfle mutual promises and obligations erein, the Owner hereby covenants and agrees as follows: 1. er hereby covenants that the Employee Dwelling Unit described above shall crt 011 remain a rental unit and shall not be condominiumized. 2. Th! use and occupancy of the Employee Dwelling Unit shall henceforth be limited eJ( usively to housing for employees and their families who are employed in Pitkin Co ty and who meet the definition of "qualified Celtegory _ employee" as that '1'8 is defined by the qualification guidelines established and indexed by the """ . S ,10.2001 13, 48PM '. , ASPEN HOUSING OFe NO. 035 P.6 I"") o A thority on an annual basis. The Owner shall have the right to lease the Employee Delling Unit to a "qualified Category _ employee" of his own selection. 3. e employee Dwelling Unit shall not be occupied by the Owner or members of the ediate family ("Immediate Family" shall mean a person related by blood or riage who is a first cousin [or closer relative] and his or her children) nor shedl Employee Dwellfng Unit be used as a 9uesthouse or guest fC\cility. 4. Itten verification of employment of employee(s) proposed to rUide in the ployee Dwelling Unit shall be completed and flied with the Authority by the Owner o the Employee Dwelling Unit prior to occ:upemc:y thereof. and such verific:ation mLUlt acceptable to the Authority. 5, Employee Dwelling Unit sholl be required to be rented for periods of no less than 51 (6) consecutive months. Upon vacancy of the Employee Dwelling Unit, the Owner is ]ranted forty-five (45) days in which to locate a qualified employee. If an en .Joyee is not placed by the Owner, the Authority may rent the Employee Dwelling U t to a qualified employee. 6. maximum rental rate shall not exceed the Category _ rental rate as set fo th in the Rental ~uidellnes established by the Authority and may be C\djusted an ally as set forth by the Guidelines. The maximum permitted rent for the unit on th date of execution of this deed restriction is $ per month. Rent shall be VI Ified and approved by the Authority upon submission and approval of the lease.' E loyees shall be qualified by the Authority as to employment, maximum income and t limitations. 7, Unit must meet minimum occllpanc:y; I.e., One person per bedroom. 8. e agreements executed for occupancy of the Employee Dwelling UnIt shall Ide for a rental term of not less than six (6) conncutivll months. A signed and ex uted copy of the l&eWe shall be provided to the Authority by the Owner wIthin t (10) days of approval of employee(s) for the Employee Dwelling Unit. 9. Tk3 Agreement may be removed by the Owner wit" the approVClI of the PitkIn County 90 d 01 Coul1'ly Commissioners, subJect to the requirement that the Employee D IIIn9 Unit Is removed or modified. If modified. the remaining Improvements must nSler be capable of occllpancy as a "dwelling unit" CIS defined In the Pitkin Coun'ty Ulle Code and must meet otherwIse cppliCClble code requirements, 2 , . S .11"1.21"11"11 3:48PM ASPEN HOUSING OFC r-, NO. 1"135 P.? () 10. U less modified as stated above, this Agreement shall constitute covenants running w h the Real Property as a burden thereon for the benefit of, and !lhall be 5 cifically enforceable by, the Authority, the Board of County Commissioners of the , nty of Pitkin, Colorado, and their respective successors, as applicable, by any or., ;ropriate III9QI action including. but not limited to, injunction, abatement, or e ction of non-quQllfied tenQntll. OWNER( ): (Owner's WITNESS HEREOF. the parties hereto have executed this InstrUlnent on this ear above first written. e) (Owner's Name) Mailing A dress: ) ) ss. ) foregoing instrument was acknowledged before me this 20_. by lOwner's namers1 dClY of TNESS MY hand and official seal; M Commission expires: Notary Public I 3 ,. . S , 10.2001 3: 48PM ASPEN HOUSING OFC r"'\ NO. 035 P,8 r\ " ACCEPTANCE BY THE HOUSINS AUTHOIUTY foregoing agreement and Its terms are accepted by the Aspen/Pitkin Collnty HOU5lng thority. THE ASP N/PITI<IN COUNTY HOUSING AUTHORITY By: J que/yn A. Kasabac:h, Chairperson Mailing A drus: Aspel1/Pitkin County Housing Authority 530 East Main, Lower /..evel Aspen, CO 81611 ~ STATE 0 COLORADO ) ) ss. COUNTY F PITKIN ) foregoing Instrument was acknowledged before me this _ day of cquelyn A. kasabach. NESS MY hand and official seal. Notary Public ~, 4 I . ..".i<iii-'. f) t4 1IL cl) MEMORANDUM TO: Mayor and Aspen City Council THRU: Julie Ann Woods, Community Development Directo Joyce Ohlson, Deputy Director FROM: Fred Jarman, Planner (:::5. MOUNTAIN CHALET LODGE PRESERVATION PROJECT ORDINANCE No. 23, SERIES 2001(SECOND READING) PUBLIC HEARING RE: DATE: September 10, 2001 SOUTH VIEW OF THE NORTH FA<;ADE (ELEV A nON) OF THE MOUNTAIN CHALET TAKEN FROM WAGNER PARK. PROJECT SUMMARY: The Applicant, Mountain Chalet Enterprises, requests appropriate land use approvals in order to conduct a three phase expansion of the Mountain Chalet Lodge. Specifically, the land use requests include: 1) Rezoning from Lodge I Tourist Residential (LITR) to LITR with Lodge Preservation (LP) and Planned Unit Development (PUD) Overlays or (LITR I LP I PUD); (Rezoning will allow the Applicant to take advantage of the Lodge Preservation program designed to allow small lodges to expand.) 2) Minor Planned Unit Development; (LP projects are required to go through a Minor PUD process to set their dimensional requirements for the project as well as respond to compatibility criteria.) ',.,1 r\ ~ .. - 3) Subdivision (The Applicant must apply for subdivision because the five employee dwelIing units constitute a "multi-family dwelIing" and are therefore considered a part of the subdivision definition.) PREVIOUS ApPROVALS: I) The Housing Authority recommended approval to the Planning and Zoning Commission for the five (5) proposed employee housing units; and 2) The Planning and Zoning Commission recommended approval to City Council for the rezoning to UTR LP PUD, Minor Planned Unit Development, and subdivision. In addition, the Mountain Chalet also received approval for 16 Lodge Preservation (LP) allotments and an exemption from the Wheeler Opera House View Plane. STAFF COMMENTS: The Applicant wishes to expand the Mountain Chalet which is located on the southwest comer of Durant Avenue and South Mill Street in the UTR zone district with a Planned Unit Development (PUD) overlay. The Applicant requests the aforementioned land use approvals to conduct a three phase redevelopment scheme for the Mountain Chalet. Specifically, the three phases are outlined below: Phase 1: This phase involves fourth and fifth floor additions to the central portion of the structure. This phase will add eight new lodge units on the fourth floor and a 1,530 sq. ft. lounge on the fifth floor. Employee generation mitigation for this phase will be accommodated by a temporary off-site , deed restricted unit at the Kitzbuhel Lodge. Phase 2: This phase includes the demolition of the lodge's eastem wing (2.5 stories) and replacement with a four story wing containing lodge rooms (7 units per floor) and five sub-grade 1 garden level employee housing units. Phase 3: This phase involves only the interior remodeling of the lobby and common areas on the first and second floors, and improvement of the Durant A venue sidewalk. At present, the Mountain Chalet contains fifty-one (51) lodge units. This expansion will increase the lodge units by sixteen (16) units for a grand total of sixty-seven (67) lodge units. In addition to these lodge units, this expansion will also provide five (5) deed restricted employee housing units for Mountain Chalet employees. LODGE PRESERVATION ALLOTMENTS The Applicant recently received approval for 16 LP allotments from the Planning and Zoning Commission who grants approval to provide LP allotments to a particular project on a first come 1 first served basis. The LP zoning allows the Applicant to take advantage 2 .r') ~ , of the Lodge Preservation Program designed to allow for the expansion of Aspen's existing small lodges. AFFORDABLE HOUSING I EMPLOYEE UNITS The Applicant proposes five (5) employee dwelling units to be located in the sub-grade I garden level of the Mountain Chalet. In effect, this housing provides affordable housing units for 7.25 FTEs which is 3.41 more FTEs than is required. Staff agrees that due to exaggerated housing costs in Aspen and the commuting workforce, it is difficult to maintain steady employees. This higher mitigation will go a long way towards maintaining good employees for the Mountain Chalet lodge. As a result, the Applicant received a unanimous recommendation of approval to the Planning and Zoning Commission from the Aspen I Pitkin County Housing Authority (APCHA) for the proposed employee units on April 18, 2001. Further, the Applicant received a GMQS Exemption from the Planning & Zoning Commission for 5 employee housing units. PROPOSED HEIGHT In general, this expansion will result in the creation of a fourth floor over the central portion and east wing of the current structure as well as adding a fifth floor lounge. The Applicant is proposing to increase the heights of the Mountain Chalet from the existing as indicated in the following matrix: e Ridge N/A 38' A picture of the Mountain Chalet on Sheet A3.0 of the application shows the full expanded scheme illustrated by a dashed line indicating the expanded lodge. The current height of the lodge is 36 feet (eight feet tailer than allowed); the proposed new height established in the PUD is 49 feet. This proposed height allows for this fourth floor and fifth floor lounge expansion while stilI remaining lower than the Ritz located directly behind or south of the Mountain Chalet. The Ritz will continue to rise above the Mountain Chalet as shown in the photo on Sheet A3. 0 of the application. PARKING Currently, the Mountain Chalet maintains thirty-seven (37) off-street parking spaces and three (3) loading spaces primarily accommodated in a sub-grade parking garage under the Mountain Chalet accessed from South Mill Street. The parking requirement for the UTR zone district is 0.7 spaces per bedroom unless otherwise established in a PUD. 3 ,1"""\ n Currently, the Mountain Chalet contains 55 bedrooms which requires 38.5 spaces. The proposed redevelopment will create a total of 76 bedrooms (including the 5 employee housing bedrooms) which by the land use code requires the provision of 53.2 off-street parking spaces. Effectively, the applicant would need to provide an additional 16.2 spaces to satisfY the requirement of the Land Use Code; however, the applicant is not proposing any additional parking with this expansion. The applicant wishes to establish a new parking requirement of 0.49 spaces per bedroom as established through the PUD. While the Mountain Chalet has operated in the past with 37 spaces and taken advantage of the Rubey Park Transit Center located across the street, Staff is concemed that an increase in 21 units (16 lodge units and 5 employee units) without any new parking or additional altemative transportation methods to accommodate the expanded lodge may result in unforeseen impacts. However, the Lodge Preservation (LP) Program and the Aspen Area Community Plan (AACP) are sympathetic to considering transportation altematives as discussed below. The LP Program was adopted to provide incentives allowing Aspen's small lodges to expand through a more streamlined process so that they may continue to be a viable lodging altemative for Aspen's visitors while staying competitive with the luxury condominium type developments. Due to the fact that an expansion generally refers to a site that is currently built out that wishes to add on to its current structure, on-site parking has most likely been long established on the site with Httle room for additional spaces. This is certainly the case for the Mountain Chalet. The AACP indicates that much should be done to provide disincentives for visitors 1 commuters to Aspen to leave their cars at home. One of the main Policies of the AACP regarding transportation is: Structure new growth in the community in compact, mixed use patterns that enable and support travel by foot, bicycle, public transportation for all types of trips, The AACP Transportation element also contains the following Goals towards this end: A. Continue to improve traveler's Aspen experience by providing local travel information at bus stops, on the Internet, through brochures, etc. Reduce travel by visitors in automobiles through support of innovative traveler services; B. Consider other innovative transportation modes; C. Provide a wide range of flexible transportation management tools and techniques to reduce single-occupant automobile use. The Applicant indicated during the Development Review Committee (DRC) meeting that he gave out a total of 9 residential parking passes to guests over the course of the year 2000. In addition, upon a recent site visit to the lodge during peak capacity, the sub-grade garage remained half full. Staff has suggested to the Applicant to provide additional 4 ,~ ~ alternative and innovative transportation options for guests of the lodge as well as the employees living in the affordable units. The Environmental Health Department indicated that the Applicant should implement traffic mitigation measures such as providing carpooIlvanpool financial incentives to employees, free bus passes, vanpools, dial-a-ride service, paying for additional RFTA buses and service, private bus service for employees, limiting parking, covered and secure bike storage, or free bike fleets for residents. Again, Staff recommends that five spaces be set aside during phase II when the employee units are constructed, or find an alternate remote parking solution. This has been added as a condition of approval. PLANNING AND ZONING COMMISSION RECOMMENDATION On June 25th, 2001, the Planning and Zoning Commission unanimously recommended approval to the City Council for this project with an additional condition that would require the Applicant to either provide a voucher system or create a shuttle / van service for the guests of the Mountain Chalet to mitigate for the lack of any additional parking. This condition has been added to Ordinance No. 23, Series 2001. STAFF SUMMARY AND RECOMMENDATION It is clear, Aspen's small lodge bed base has declined considerably within the last ten years. The City Council adopted the Lodge Preservation Program as a result of this serious reduction to allow for easier expansion of small lodges given the economic climate which caters more towards the higher end condominium units. Staff finds that the proposed Mountain Chalet lodge expansion is a very strong example of why the Lodge Preservation Program was created. This lodge expansion will allow one of Aspen's most defining small lodges to expand and maintain a competitive presence in Aspen's dynamic lodge base economy. Staff recommends the City Council approve the rezoning, minor planned unit development, and subdivision for the Mountain Chalet Expansion with the conditions listed in the Ordinance. RECOMMENDED MOTION "I move to approve Ordinance No. 23, Series of2001, approving the rezoning from UTR to UTR LP PUD, minor planned unit development, and subdivision, with conditions." ATTACHMENTS Exhibit A: Rezoning Exhibit B: Minor Planned Unit Development Exhibit C: Subdivision Exhibit D: Application 5 - n t1 EXHIBIT A REZONING 26.310.040 Standards of review. In reviewing an amendment to the official zone district map, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding Staff finds that the proposed amendment is consistent with all applicable portions of the Land Use Code. The intended use of the property is consistent with the Lodge Preservation (LP) zoning; specifically, the proposal is for the expansion of the Mountain Chalet lodge so that more lodge units and affordable employee housing units can be provided. Both of these uses are allowed uses in the LP Overlay Zone District. In order to accommodate the requests made in this application, the property will need to be rezoned from its current designation ofLlTR to include LP and PUD oYerlay~. The re~ulti!l~ zoning w;U be LlTRlLPIPUD. This rezoning fits exactly with the purpose of the L1TR and LP zone districts. The purpose of the L1TR zone district is "to encourage construction and renovation of lodges, in the area at the base of Aspen Mountain." Similarly, the Code describes the purpose of the LP Overlay zone district as being: To provide for and protect small lodges on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses , . . 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 existinslodses on-5it~ or onto adjacent propl!P1il1~. The Applicant proposes an expansion, which is located in the area at the base of Aspen Mountain. The Mountain Chalet has been located at its current location and used as a lodge since 1954. The LP zoning request provides incentives to enable upgrading of the existing lodge so that it can remain competitive with respect to visitor expectations that have changed since the lodge was originally constructed. The current lodging market demands "up-to-date" facilities and rooming accommodations with more space and choices. The Mountain Chalet stilI maintains a somewhat uniform supply of room sizes, most of which have outdated facilities. Additionally, due to highly exaggerated cost of housing in the Aspen area coupled with the increases in commuting traffic from the down valley area, the Mountain Chalet has had a difficult time finding and maintaining quality employees. The proposed on-site expansion wilI ensure the Mountain Chalet's continued viability as a lodge while providing on-site housing for its employees. By rezoning the property with LP and PUD 13 - er"\ '1 overlays, this expansion and upgrading of the Mountain chalet lodge can be realized in order to allow for the continued existence of the lodge and the additional provision of affordable housing for its employees. Staff finds this standard to be met. B, Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. The proposed amendment is consistent with all elements of the AACP. It will allow for the expansion and continued viability of one of Aspen's few remaining locally owned,and operated small lodges and the development of affordable housing for employees. The AACP states that, "It is. .. balance between all sectors of the community that we are striving to retain and enhance." This statement refers to a balance between "Aspen the community and Aspen the resort." By expanding this type of bed base, furthering the viability of such a small lodge, and providing affordable housing, this proposed expansion will further promote reestablishing the balance the community has been struggling to retain and enhance. Moreover, the "Growth Action Plan" is intended to "Encourage land uses, businesses and events which serve both the local community and the tourist base." This expansion of the Mountain Chalet lodge and providing affordable housing for its employees will serve the local community and the tourist base. This proposed development will further the "Intent," policies and goals ofthe AACP's "Transportation Action Plan." The transportation element of the AACP includes: "The community seeks to provide a balanced, integrated transportation system for residents, visitors, and commuters that reduces congestion and pollution;" "...reducing dependency on the automobile requires offering altematives both for automobile use and storage and other means of transport;" and, "Seek to balance public and private transportation. . . by increasing the number of available transportation choices." The Mountain Chalet is located across the street from Rubey Park Transit Center and the commercial core. Free bus service is available on a regular basis to and from the airport, the three ski areas that are not within walking distance, the music tent, the Maroon Bells, and various other locations. There is no need for customers to have a vehicle at the MountainChalet, but for those who do rent or otherwise arrive in their cars, the thirty- seven existing spaces owned by the lodge, combined with the spaces on the surrounding streets, have proven more than adequate. By limiting the amount of available off-street parking to those spaces currently existing, guests and employees of the lodge will be encouraged to utilize these alternative means of transportation to the maximum extent practicable. Upon a recent site visit to the lodge during peak capacity, the sub-grade garage remained only half full. The "Intent" of the "Housing Action Plan," is to "Create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable." This expansion wilI further the intent by creating affordable employee housing that is dispersed and 14 .~ f~ " :} appropriately scaled to the neighborhood. The propdsed employee housing units will be deed restricted and registered with the Aspen /Pitkin County Housing Authority to ensure their continued affordability. The design of the affordable housing units is appropriately scaled as they will be integrated with the expansion. This requested expansion is consistent with the AACP policy for the development of". . . small scale resident housing which fits the character of the community and is interspersed with free market h . " ousmg.. . The project site is within the original City and Townsite of Aspen. In accordance with the Lodge Preservation Overlay Zone District's encouragement of "affordable housing for employees of the lodge," the proposal promotes the following "Housing Action Plan" policies: "Encourage infill development within the existing urban area so as to . . . allow more employees will be able to live close to where they work;" and, ". . . an employer that builds affordable housing units shall have the right to designate that their employees shall have first right to those affordable units, if they meet the qualifications." The "Intent" of the "CommerciallRetail Action Plan" is to "Provide incentives for managed strategic growth by. . . small lodges." This portion of the AACP explains that, "The community must find ways to maintain these small lodges and the experience they offer to our guests." In addition, the policies of the "Commercial/Retail Action Plan," indicate the following: "Provide incentives to keep small lodge owners in operation;" and, ". . . allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community." The proposed sixteen unit expansion is consistent with the goal of managed strategic growth by small lodges. The combination of the LP and PUD Overlays allow for mitigation at the level of incremental increases in impacts due to an expansion, and the proposed employee housing exceeds 100% of the incremental increase in employment that will be caused by the expansion. The proposed layout of the new lodge units and their architecture have been designed to be fully compatible and consistent with the current design. The philosophy of the "Design Quality" section of the AACP explains that, "Modem buildings woven throughout the traditional townsite and along the hillsides create an eclectic design quality that contributes to the small-town uniqueness of our community." The architecture of the existing Mountain Chalet lodge has been described as "SwisslMountain Chalet," and it is one of the Structures that contributes to the eclectic design quality and small-town uniqueness of Aspen. The expansion will maintain and enhance this design quality in the area at the base of Aspen Mountain. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. The subject site is surrounded to the south and the west by Lot I of the Aspen Mountain PUD (AMPUD), which maintains a zoning ofL-TRlPUD. The properties to the east, northeast, and north are zoned park, public, and park, respectively. This request will result in the project site being zoned Lodge-Tourist Residential with Lodge Preservation 15 ~ . > ~ and Planned Unit Development overlays (L1TRlLPIPUD). The underlying L1TR zoning will remain consistent with the neighboring, adjacent properties to the south, west, and northwest. Surrounding land uses include a mix of lodges, retail shops, parks and recreation facilities, bars and restaurants, transportation facilities, and duplex, single-, and multi-family residential. In comparison with other neighborhoods, the subject area is densely developed. Staff finds the proposed amendment is fully compatible with surrounding land uses, zone districts, and neighborhood characteristics. D, The effect of the proposed amendment on traffic generation and road safety. The rezoning itself will not effect traffic generation or road safety. However, the lodge expansion enabled by the rezoning, will effect traffic generation creating a maximum of 100 additional trips per day according to the Environmental Health Department's analysis. However, this slight increase will be positively affected by the immediate proximity to the Rubey Park Transit Center, skiing, and the commercial core. The increase of vehicle trips over existing conditions for the site will have a negligible impact on surrounding streets. It appears that the surrounding streets can adequately and safely handle the impacts of the proposed development, and no improvements to the adjacent streets are required as a direct result of the additional traffic volumes that may result from the proposed expansion. By limiting the amount of available off-street parking to those spaces currently existing, guests and employees of the lodge will be encouraged to utilize alternative means of transportation to the maximum extent practicable. E, Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medicalfacilities. The proposed rezoning will not affect infrastructure or infrastructure capacities. With regard to future plans for the property under the proposed L- TRlLPIPUD zoning, adequate water supply and pressure is available to serve the proposed project without additional upgrades to the City's treatment and distribution systems. Fire protection provided by existing hydrants will be adequate and will not be affected or interrupted by development. The Applicant is required to install sprinkler systems the entire building. Treatment capacity is available from the Aspen Consolidated Sanitation District (ASCD) to serve the additional demand associated with the proposed project. Historic drainage pattems and rates will be maintained (via the installation of roof drains, downspouts, and dry wells) due to the fact that the amount of impervious spaces will not increase as a result of this expansion. Impacts on parks and schools will be minimal as most of the development is comprised of tourist accommodations. Only five affordable I-bedroom dwelling units are proposed, and these will have little affect on schools or parks; they will contain only one bedroom each and be used by employees of the lodge. There are several parks located immediately 16 ,~ I'""') across the street. Paepke and Bass Parks are both just a few blocks to the north. These parks provide adequate capacity to adequately serve the proposed development. The roads serving the project site are currently plowed and maintained by the City of Aspen. The site is located on a public street, making it easily accessible for emergency medical and fire protection services. The introduction of sixteen new lodging units and three affordable housing units will not result in demands exceeding the capacity of any public facilities or services. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. This proposed rezoning will not affect the natural environment. The site is already developed and located in a densely developed area. The expansion will not result in any additional land consumption as the slight expansion of the building footprint will involve already developed lands. The property will continue to be served by public water and sanitary sewer systems, and historic drainage pattems will be maintained. The availability of public transportation will help to reduce dependency on individual automobile use by the guests and employees of the lodge, in turn, significantly reducing the project's PMI 0 generation and, affects on air quality. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. This rezoning will not be inconsistent or incompatible with Aspen's community character. In fact, this rezoning enables application for the expansion of the Mountain Chalet lodge which is consistent with the community character as indicated above. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. It is clear, Aspen's small lodge bed base has declined considerably within the last ten years. The City Council adopted the Lodge Preservation Program as a result of this serious reduction to allow for easier expansion of small lodges given the economic climate which caters more towards the higher end condominium units. In the last ten years, a total of264 lodge rooms have been added/constructed while Community Development Department records indicate 317 units have been lost since the start of the 1990s. This proposed amendment is a good step toward counteracting the trend of the 1990s resulting in significant losses to Aspen's small lodge and economyl moderately- priced tourist bed base. L Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title, 17 r"\ ~ The proposed amendment is in harmony with the public interest as well as the purpose and intent of the Land Use Code. The "Purpose" of the Lodge Preservation Overlay zone includes providing "an incentive for upgrading existing lodges on-site or onto adjacent properties." The LP rezoning will enable the on-site expansion and upgrading of the Mountain Chalet. Therefore, the proposed amendment is in harmony with the purpose and intent of the Regulations and the Lodge Preservation zoning. In addition, it has been repeatedly recognized that the provision of housing for employees in Pitkin County and Aspen is in the public interest and is in harmony with the purpose and intent of the Regulations. 18 ,-.., o EXHIBIT B MINOR PLANNED UNIT DEVELOPMENT Review Standards: Minor Planned Unit Development. A development application for Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with 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 ofthis Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Please refer to Rezoning (Criterion B) of this Memorandum . 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding Please refer to Rezoning (Criterion C) of this Memorandum. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding With the exception of an increase in traffic generation that the applicant will further mitigate for, the proposed development will not adversely affect the future development ofthe surrounding area. The surrounding properties are essentially built out. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The Applicant is aware that a total of twenty-nine LP tourist accommodation allotments are currently available. This proposal requires 16 LP allotments. Pursuant to Section 26.470.070(J) of the Land Use Code, the five proposed affordable housing units are exempt from the GMQS scoring and competition procedures. 19 ~ n As a matter of process, the Planning and Zoning Commission decides whether or not to grant the sixteen requested LP allotments. The GMQS Exemptions for the five affordable housing units will be decided by City Council during its review of the Minor PUD. Therefore, in accord with the requirements of this standard, all GMQS allotments and exemptions needed to accommodate the proposed development will be considered in combination with this PUD development plan review. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below and shall comply with the following: Dimensional Requirements Comparison (units measured in feet or square feet) 55,000 square feet No requirement Regulated via minimum lot area per dwelling unit; otherwise, not specifically regulated. 60 feet 10 feet 5 feet 10 feet Not regulated 28 feet One lodge or residential bedroom per 197 square feet of lot area 60 feet 1 foot o feet 10 feet No Requirement 51 feet 10 feet 10 feet 25% 4.8% (or no requirement) 7.5' x 6' (45 square feet in S. Mill Street RO.W.) 2.5:1 including basement additions Not regulated 1:1 Rental space limited to a maximum of 0.5:1, which can be increased to 0.75:1 if at least 331/3% of the additional floor area is approved for residential. use restricted to affordable housing for employees of the lodge; non-unit space must account for no less than 0.25: 1 0.7 spaces per bedroom, of which 0.2 spaces per bedroom may be provided via payment-in-lieu No requirement (no accessory commercial space proposed). 0.49 spaces per bedroom (37 spaces and 76 bedrooms, including the five employee housing bedrooms). 'Setbacks and height vary in the development program. The specific dimensions included in the approved PUD plan define these dimensional standards. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with thefollowing influences on the property: 20 11""\ ~ :;; a) The character of, and compatibility with, existing and expectedfuture land uses in the surrounding area, b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding There are no known natural or man-made hazards affecting the project site. There are no waterways affecting the project site or surrounding area. The existing vegetation on the project site is sparse, consisting mainly of that which has been planted within the various planter boxes. It is the Applicant's intention to remove and replace only those trees within the planters that have caliper measurements of less than four inches. All other trees are to remain. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The Applicant proposes increasing the height to accommodate a fourth and fifth floor that is in keeping with the current architecture that has helped to define the Mountain Chalet today. This PUD will allow primarily for the ability to set the parking requirements and height requirements as discussed in this memorandum. Neither the site coverage nor the open space conditions of the site will change from those which currently exist. The massing and scale of the proposed development is consistent with that of the surrounding neighborhood. The expanded structure will provide for a more appropriate and complete backdrop to Wagner Park. This will better help to define the edge of the commercial core and the start of the Aspen Mountain base area neighborhood. 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. 21 1"". o Staff Finding The Land Use Code requires 0.7 parking spaces per lodge bedroom unless otherwise established via this standard. A total of 37 off-street parking spaces are proposed on the project site (no change). Moreover, the commercial core (one block), the Rubey Park Transit Center (across the street), and Aspen Mountain (1.5 blocks) are all within easy walking distance. Limiting the amount of available off-street parking to those spaces currently existing will serve as a disincentive, encouraging guests and employees of the lodge to utilize altemative means of transportation to the maximum extent practicable, thereby forwarding the community goals expressed in the AACP. However, Staff believes that the Applicant should designate five spaces for the affordable housing units in accordance with the Housing Office's suggestion of 3 to 5 spaces. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The project site benefits from sufficient infrastructure capabilities to serve the proposed development and, therefore, no density reductions are necessary. As a result of the DRC meeting with various referral agencies, all utilities are available to the site and the existing capacities are adequate to accommodate the proposed density. Durant Avenue and South Mill Street are City of Aspen public rights-of-way and, as such, are already plowed and maintained by the City of Aspen. Vacated Dean Street is plowed by the St. Regis Hotel in exchange for the Mountain Chalet's commitment to provide maintenance (i.e., chip sealing in the sununer); the two hotels maintain an agreement to this effect. The Aspen Fire District station is a three blocks from the project site, and the Mountain Chalet which is served with ample existing hydrants and is located within the fire protection district. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. 22 1""\ ~ , 'if 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 naturalfeatures of the site. Staff Finding The project site is suitable for the proposed development. It is already developed and the proposed expansion will not consume much additional land. It is essentially flat, and all of its area is within the slope classification category of 0-20%. As a result, very little addition impervious surfaces will be created on the property and only minimal impacts to the existing drainage conditions will result. Historic drainage rates will be maintained via the installation of an engineered roof drain, downspout and dry well system. Thus, the proposed development will not be detrimental to the natural watershed and will not result in water pollution. No wood burning devices will be installed. Further, the development will encourage the use of alternative means of transportation such as the buses tolfrom Rubey Park and walking. This will help to limit the amount ofPM-IO generation attributable to the development. Regardless, the applicant will be required to comply with all requirements of the Environmental Health Department in connection with the issuance of building permits, and this will ensure that affects on air quality are addressed. No additional driveways, roads, or trails are proposed on the project site. There are no critical natural features on the site, and site disturbance will be kept to the minimum required for construction. 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 maximum allowable density in the underlying L1TR zone district is regulated via minimum lot area per dwelling unit; otherwise, it is not specifically regulated at all for allowed uses such as lodges. The proposed dimensional requirements, will allow one lodge or residential bedroom per 245 square feet of lot size. The discussion regarding the 23 A ~ proposal's consistency with the goals and objectives of the AACP clearly demonstrates that the project will serve to advance many goals of the community, not the least of which address small lodges and affordable housing. Also, as demonstrated in response to the two previous criteria, the site is physically capable of supporting the proposed density. Finally, the proposed development will be compatible with and complimentary to the existing and expected surrounding development pattems, land uses, and characteristics. 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 site does not presently contain any unique natural or man-made features that provide visual interest or a specific reference to the past, but Wagner Park and the Silver Circle Ice Rink are both located directly across the street from the subject property. The Mountain Chalet will maintain its existing street orientations and architectural style. As the proposed elevations demonstrate, the building will continue to exhibit and provide a strong example of the Mountain Chalet style. The roof pitches will be maintained, as will the patterns created by the horizontal wood siding, balconies and shutters. The "Chalet" style detailing will be continued onto the redeveloped east wing as well as the new fourth and fifth floors. The perceived mass will be broken up by the inclusion of several gable ends, many balconies, and a change in exterior building materials between the lower and upper floors. The peak ridge height is reached in only two small areas that are set back in the center of the structure. The structure's height will be significantly less from the Dean Street side due to the higher grade existing on the south side. Designated and protected view planes from the Wheeler Opera House will not be affected, and views from the commercial core to Aspen Mountain will not be compromised. In fact, only the north St. Regis facade will be obstructed. Further, the proposed overall height of the Mountain Chalet will be similar to, but still lower than that of the St. Regis. Moreover, the heights proposed herein will be perceived as significantly lower than the height of the St. Regis and the hotel proposed for replacement of the Grand Aspen since both of these sites are located substantially higher up the hillside created by the base of Aspen Mountain. The existing Mountain Chalet lodge was constructed in multiple (11) phases over a period spanning some forty-one years. As a result, the existing design is somewhat 24 I) ~ disjointed, with a four story west wing next to a two and one-half (2.5) story center and east wing. Architectural detailing is not consistent on all sides. The completed expansion will provide an overall balance to the structure. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding Only one structure exists on the property and no additional structures are proposed. The peak ridge height of the expansion is clustered into only two small areas that are set back in the center of the structure. Please refer to the response provided for the previous standard for greater elaboration on the proposal's effect on vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding Please refer to the response provided for standard C.I., above. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding The site is surrounded on two of its four sides by public rights-of-way, and by a private street on its third side. Emergency vehicle access will continue as is, primarily from Durant A venue and vacated Dean Street. The structure is and wilI continue to be accessible for fire protection. Service and delivery vehicles will continue to use the existing loading areas on vacated Dean Street and Durant Avenue. The trash area will remain in its current location, just off South Mill Street at the top of the garage ramp. 5. Adequate pedestrian and handicapped access is provided. Staff Finding The existing detached sidewalks wilI be maintained around the structure's east, north and south sides. All sidewalks will remain in their current configurations, except the Durant Avenue sidewalk will be improved as part of the development's third phase in order to provide a level grade. The improvement ofthe Durant A venue sidewalk will greatly help with handicap access. The handicap accessible ramp along the side of the garage ramp will be rebuilt as part of the expansion and will continue to comply with ADA specifications. The elevator access to the upper levels will be maintained throughout the expansion processes. The two handicap accessible rooms (units 108 and I 10) will continue to comply with ADA specifications. 25 A " ;1. 6, Site drainage is accommodatedfor the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The project site is already developed and the proposed expansion will consume very little additional land. Therefore, only minimal additional impervious surfaces will be created on the property and, only minimal impacts to the existing drainage conditions will result. Regardless, an engineered roof drain, downspout and dry well system will be installed to ensure that no drainage related impacts will be felt on surrounding properties. 7, For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding There are no detached buildings to accommodate spaces between. No new outdoor programmatic functions are associated with the proposed development. The existing courtyard areas will be maintained. 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 There is currently very little landscaping on the property as it is mostly built out to the lot lines with the lodge structure itself except for several planters and a large tree located in front of the Mountain Chalet. To date, no landscaping plan has been submitted and for practical reasons, is unnecessary in the subject case. The Applicant intends to replace all existing trees located in planter boxes and having caliper measurements of less than four inches. Otherwise, all existing plantings will be maintained and no additional plantings are currently proposed. 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. 26 r-, t""\ Staff Finding Please refer to the response provided for the previous standard. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding For any trees to be protected or otherwise requiring protection, the applicants propose the following methods of ensuring their protection. Prior to construction, all trees to be protected will have orange protective barrier fencing erected which, as a minimum, will be supported by I' x I' or similar sturdy stock for shielding of protected trees no closer than six feet from the trunk or one-half (112) the distance ofthe drip line, whichever is greater. Within this protection zone, there will not be any movement of equipment or storage of equipment, materials, debris, fill, or cut unless approved by the City Forester. During the construction stage, the developer will prevent cleaning of materials or equipment, or the storage or disposal of waste materials such as paints, oils, solvents, asphalt, concrete, mortar, or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. If these methods are deemed by the City Forester as unsatisfactory or in need of supplementation, the applicant is willing to work with him to arrive at an acceptable plan. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development, There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The existing Mountain Chalet lodge was constructed in eleven phases over some forty- one years. As a result, the existing design is somewhat disjointed, with a four story west wing next to a two and one-half (2.5) story center and east wing. Architectural detailing is not consistent on all sides. The completed expansion will provide an overall balance to 27 ,-, ,~ , ;:; the structure. The expanded structure will provide for a more appropriate and complete backdrop to Wagner Park. The "Design Quality and Historic Preservation" element of the AACP is intended to "Ensure the maintenance of character through design quality and compatibility with historic features." The architecture of the existing Mountain Chalet lodge has been described as, appropriately enough, "Swiss/Mollntain Chalet," and it is one of the structures that contributes to the eclectic design quality and small-town uniqueness of Aspen. The expansion will maintain and enhance this design quality in the area at the base of Aspen Mountain. The proposed layout of the new lodge units and their architecture have been specifically designed to be fully compatible and consistent with the existing design. This will ensure that the architecture represents a character suitable for and indicative of the intended use. 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 There is an existing, outdoor swimming pool and hot tub, both of which are partially heated with power generated from the six solar collectors on the roof of the building's east wing. If practical, the Applicant intends to reinstall the existing solar panels or replace them with new ones after the expansion is completed. The reinstalled or replaced solar panels would be moved to the center portion of the building, facing Dean Street in order to make them less visible from the surrounding public streets and sidewalks. All existing and created sub-grade spaces benefit from natural cooling. 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 The functions described in this standard are already accommodated by the existing lodge and will continue to be facilitated in the same manners as presently employed. 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.a 28 ,~ () \ 4 Staff Finding No exterior lighting beyond that currently existing is proposed. Nevertheless, the development will comply with Section 26.575.150, Outdoor Lighting, of the Regulations, and specifically with Section 26.575.I50(E), Non-Residential Lighting Standards (including mixed use projects). Compliance with said section will ensure consistency with this PUD review standard. No lighting of site features or structures is proposed, and no lighting will cause direct glare on or hazardous interference of adjoining streets or lands. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding Please refer to the narrative provided in response to the previous standard. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's builtform, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding No designated parks, open spaces, or recreation areas are proposed as part of the PUD, rendering this standard inapplicable. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (notfor a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner, Staff Finding No common park or recreation areas are proposed. 3. There is proposed an adequate assurance through a legal instrumentfor the permanent care and maintenance of open spaces, recreation areas, and , 29 ,-, t"'\ , . .;~ sharedfacilities together with a deed restriction againstfuture residential, commercial, or industrial development. Staff Finding No such areas are proposed; thus, there is no need for a deed restriction against future residential, commercial, or industrial development. 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 Connections to public water and sewer will be made and the respective capacity of these services will not be exceeded. Historic drainage patterns and rates will be maintained. Impacts on parks and schools will be minimal as most of the development is comprised of tourist accommodations. Only three affordable studio dwelling units and two affordable one-bedroom dwelling units are proposed for use by employees of the lodge, and these will have negligible affects on schools and parks. Given the one bedroom or smaller size of these units, it is not at all likely that school age children will be living on site. Park lands are plentiful in the neighborhood, with Wagner Park, BassPark, Paepke Park, and the Silver Circle Ice Rink all located nearby. These parks and Aspen Mountain all maintain more than enough capacity to adequately serve the proposed development. The roads serving the project site are already plowed and maintained by the City of Aspen. The site is located on a public street, making it easily accessible for emergency medical services and fire protection. The introduction of sixteen new lodging units and three affordable housing units will not result in demands exceeding the capacity of any public facilities or services. 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 While no adverse impacts on public infrastructure are anticipated, the Applicants have agreed to bear the costs of any necessary connections, upgrades, and line extensions. Pursuant to Section 26.610.020 of the Regulations, park development impact fees for the new lodge bedrooms (but not the affordable housing bedrooms) will be due at the time of building permit issuance. 30 A f') 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding It is not believed that any over-sizing of utilities will be necessary, but if such should be required, the applicant will be glad to be reimbursed. In the event that utilities have been oversized in connection with other developments in the area and an agreement for reimbursement is in place, the applicants will pay their proportionate reimbursement fees for connection to such facilities. 1. 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 Each unit of the proposed PUD will have direct access to the adjacent streets via the various exits from the lodge. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development, Staff Finding As mentioned above in prior sections of this memorandum, the proposed development will not create traffic congestion on the roads surrounding the property. The property is surrounded by streets on three of its four sides. The surrounding streets can accommodate the proposed development without any need for further improvement. J. Phasing of Development Plan, (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 31 /"""" .-. l,.., " 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 applicants propose three separate phases to complete the development of the PUD. The division of construction into three separate phases is necessary for the Applicants' ability to finance the project. Phase one involves fourth and fifth floor additions in the central portion of the structure. The phase one addition will accommodate the development of eight new lodge units on the fourth floor and a new lounge on the fifth floor. Phase two includes the demolition of the building's existing two and one-half (2.5) story eastern wing and its redevelopment with four stories ofIodge rooms and sub-grade/garden level employee housing. The phase two eastem wing will house seven new lodge units on each of its four floors, as well as five employee dwelling units in the sub-grade/garden level space. Phase three will involve only the remodeling of the lobby and common area spaces on the first and second floors, and improvement of the Durant Avenue sidewalks. Each ofthe first two phases will function independently, as a complete development when concluded. All necessary facilities and staff are already in place and will be maintained throughout the various phases of development. When phase one is completed, the lodge will function as normal. Phase two will be a bit more disruptive to operation, but since it involves a distinct wing of the lodge, the unaffected portions will be able to go on operating as usual. Phase three wilI require some interim measures, all of which will be easily accommodated within the existing structure and during the off season. 2, The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. Staff Finding Potential occupants of the initial phases will be made aware of when subsequent construction phases will commence, and will have the choice of whether or not to use the affected unites). 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The proposed phasing plan will be described in detail and guaranteed via the PUD Agreement. The only applicable impact fees will be those associated with Parks, and said 32 1'""\ n' ,~ .., ',,',: fees are required, and guaranteed, at the time of building permit issuance. Building permit and PUD Agreement requirements will also guarantee any necessary improvements to public facilities. As discussed, the Applicant shall provide for employee generation for Phase I by deed restricting rooms at the Kitzbuhel Lodge until Certification of Occupancies are provided for the five employee units in Phase 2. Specifically, it is proposed that a one-bedroom unit in the Kitzbuhel Lodge, owned by the applicant, will be temporarily deed restricted to mitigate for the minor employee generation impacts attributable to the phase one expansIOn. 33 /""; !"") , EXHIBIT C SUBDIVISION The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred, as will be the case with the deed restricted employee housing units to be built in Phase Two of the Mountain Chalet expansion. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Please see Standard B in Exhibit A rezoning for this response. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Please see Standard C in Exhibit A rezoning for this response. c, The proposed subdivision shall not adversely affect the future development of surrounding areas. This standard has been covered in Exhibit B Minor Planned Unit Development for this response. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Please see Standard A in Exhibit A rezoning for this response. B. Suitability of Landfor Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of jlooding, drainage, rock or soil creep, mudjlow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. This standard has been covered in Exhibit B Minor Planned Unit Development for this response. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. 34 r'\ ~ , j This standard has been covered in Exhibit B Minor Planned Unit Development for this response. C. Improvements. The improvements set forth at Chapter 26.580 shall be providedfor the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) ifthefollowing conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. The applicant intends to provide all improvements set forth in Chapter 26.580, as applicable, The improvements wiU comply with the design standards also contained in said Chapter. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Chapter 26.520, Replacement Housing Program, is not applicable as no resident or other multi-family housing is being demolished. The applicable standards of Chapter 26.470, Growth Management Quota System, have been addressed as part of the application book, in reference to the GMQS exemptions. E. School Land Dedication. Compliance with the School Land Dedication Standards setforth at Chapter 26.630. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. Note that Section 26,630,030(C) of the Code explains that, "When the proposed subdivision contains of mix of residential, commercial, and other uses, the required dedication shaU be based on the number of proposed residential units only." As the property in question contains only 18,750 square feet ofIand, almost aU of which is developed, and is located within the original Aspen townsite, the dedication of land would not be appropriate and the payment of cash-in-lieu represents a more fitting option. These payments shall be made to the City prior to and on a proportional basis to the 35 r'] ~ issuance of any building permits for the five deed restricted residential dwelling units based on calculations to be performed by staff of the Community Development Department in accordance with the formula provided in the Code. The Calculation The City of Aspen requires the either the dedication of land or payment of cash-in-lieu fee for each new unit in a subdivision so that current levels of services can be maintained in the Aspen School District. The Applicant hasoffered a cash-in~lieu payment instead of a land dedication. Calculating this payment is done in the following way (See Chart I below) pursuant to Section 26.630.040(B): Chart 1. Property Market Value Laud Dedication Staudard per Unit x ~ = I Payment I x In this case, the Applicant is proposing 5 one-bedroom units of affordable housing for a total of five bedrooms that equates to a Land Dedication Standard of 0.0012 for a one bedroom unit. Since there are more than one unit proposed for this subdivision, then each unit shall be assigned its proportionate share of the current market value which in this case equates to $850,000 per unit. Using Chart 1. above, the fee is calculated as $1,683.00. $ 850,000 0.0012 (1 bedroom) 0.33 $336.60 $ 850,000 0.0012 (1 bedroom) 0.33 $336.60 $ 850,000 0.0012 (1 bedroom) 0.33 $336.60 $ 850,000 0.0012 (1 bedroom) 0.33 $336.60 $ 850,000 0.0012 (1 bedroom) 0.33 $336.60 Total $1,683.00 The market value of the land is defined as the value of the land at the time of payment, excluding the value of any structures on the property. The Applicant has determined, according to Pitkin County assessors that the market value of the Mountain Chalet property to be $4,250,000 which then generates a Land Dedication Fee of $1,683,00 as shown calculated in the matrix above. 36 ,......." ,I"") " MEMORANDUM TO: Mayor and Aspen City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director ~ FROM: Fred Jarman, Planner f'J ' MOUNTAIN CHALET LODGE PRESERVATION PROJECT ORDINANCE No.Z2, SERIES 2001(FIRST READING) RE: DATE: July 9, 2001 SOUTH VIEW OF THE NORTHFA<;:ADE (ELEVATION) OFTHE MOUNTAIN CHALET TAKEN FROM VV AGNER PARK. PROJECT SUMMARY: The Applicant, Mountain Chalet Enterprises, represented by Mitch Haas, requests appropriate land use approvals in order to conduct a three phase expansion of the Mountain Chalet Lodge. Specifically, the land use requests include: 1) Rezoning from Lodge / Tourist Residential (L/TR) to LITR with Lodge Preservation (LP) and Planned Unit Development (PUD) Overlays or (LITR / LP 1 PUD); (Rezoning will allow the Applicant to take advantage of the Lodge Preservation program designed to allow small lodges to expand via available Lodge Preservation allotments.) Mountain Chalet Staff Report Page 1 ,-" F"l 2) Minor Planned Unit Development; (Lodge Preservation projects are required to go through a Minor PUD process to set their dimensional requirements for the project as well as respond to compatibility criteria.) 3) Growth Management Quota System (GMQS) Exemption for Employee Housing; and (The additional employee units are exempt from GMQS.) 4) Subdivision (The Applicant must apply for subdivision because the five employee dwelling units constitute a "multi-family dwelling" and are therefore considered a part of the subdivision definition.) ApPLICATION PROCESS: As a matter of process, the Housing Authority recommended approval to City Council for the five (5) proposed employee housing units and the Planning and Zoning Commission recommended approval to City Council for the rezoning to L/TR LP PUD, Minor Planned Unit Development, GMQS Exemption for the employee dwelling units, and subdivision. In addition the Mountain Chalet recently received approval for 16 Lodge Preservation (LP) allotments and an exemption from the Wheeler Opera House View Plane. STAFF COMMENTS: The Applicant wishes to expand the Mountain Chalet which continues to be one of Aspen's unique small lodges. The lodge opened for Christmas in 1954 and has continued to grow and evolve over the years with significant additions occurring between 1955 and 1995. The lodge is located on the southwest comer of Durant Avenue and South Mill Street in the L/TR zone district with a Planned Unit Development (PUD) overlay. The Applicant requests the aforementioned land use approvals to conduct a three phase redevelopment scheme for the Mountain Chalet. Specifically, the three phases are outlined below: Phase 1: This phase involves fourth and fifth floor additions to the central portion of the structure. This phase will add eight new lodge units on the fourth floor and a 1,530 sq. ft. lounge on the fifth floor. Employee generation mitigation for this phase will be accommodated by a temporary off-site deed restricted unit at the Kitzbuhel Lodge. Phase 2: This phase includes the demolition of the lodge's eastern wing (2.5 stories) and replacement with a four story wing containing lodge rooms (7 units per floor) and five sub-grade / garden level employee housing units. Mountain Chalet Staff Report Page 2 r"\ r\ "'" 9 Phase 3: This phase three involves only the interior remodeling of the lobby and common areas on the first and second floors, and improvement of the Durant A venue sidewalk. In order to accomplish this expansion, the Applicant is required to rezone the property first, then go through a Minor PUD process, and is eligible for a GMQS exemption for the employee housing units in the lodge for lodge employees. At present, the Monntain Chalet contains fifty-one (51) lodge units. This expansion will increase the lodge units by sixteen (16) units for a grand total of sixty-seven (67) lodge units. In addition to these lodge units, this expansion will also provide five (5) deed restricted employee housing units for Mountain Chalet employees. LODGE PRESERVATION ALLOTMENTS The Applicant recently received approval for 16 LP allotments from the Planning and Zoning Commission who may grant approval to provide LP allotments to a particular project on a first come / first served basis. The LP zoning allows the Applicant to take advantage of the Lodge Preservation Program designed to allow for the expansion of Aspen's existing small lodges. According to the Lodge Preservation (LP) Growth Summary, there are currently 32 available lodge allotments. The Mountain Chalet redevelopment received approval for using 16 of those allotments leaving 16 allotments in the pool. (The LP Lodge allotment pool is automatically refreshed by eleven (ll) units every June 1".) As part of the LP allotment approval, the Applicant also received a (GMQS) Exemption for the development of these additional 16 lodge nnits. AFFORDABLE HOUSING / EMPLOYEE UNITS The Applicant is requesting a GMQS Exemption for the employee housing; more specifically, this lodge expansion includes the provision of five (5) employee dwelling units to be located in the sub-grade / garden level of the Mountain Chalet. According to the GMQS in Section 26.470.070(J) of the land use code, All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt. The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. Mountain Chalet Staff Report Page 3 f""";, } ~ ~'.,. .,t, The Applicant received a unanimous recommendation of approval to the City Council from the Aspen / Pitkin County Housing Authority (APCHA) for the proposed employee units on April 18, 2001. It has been the opinion of the Housing Office that a maximum 0.4 employees per lodge room generation figure be used. Further, the Land Use Code states that mitigation is done at a rate of 60%. Therefore, employees generated by the 16 additional lodge rooms would result in (16 x 0.4 = 6.4) 60% = 3.84 FTEs. Per this request, the Applicant proposes to provide the following units: 380 sq. ft. Studio 1.25 X 1 Unit = 1.25 396 sq. ft. Studio 1.25 X 2 Units = 2.50 447 sq. ft. 1 bedroom 1.75 X 1 Unit = 1.75 699 sq. ft. 1 bedroom 1.25 X 1 Unit = 1.75 Total FTEs = 7.25 As a result, the Applicant is proposing affordable housing units for 7.25 FTEs which is 3.41 more FTEs than is required. Staff agrees that due to exaggerated housing costs in Aspen and the commuting workforce, it is difficult to maintain steady employees. This higher mitigation will go a long way towards maintaining good employees for the Mountain Chalet lodge. PROPOSED HEIGHT In general, this expansion will result in the creation of a fourth floor over the central portion and east wing of the current structure as well as adding a fifth floor lounge. The Applicant is proposing to increase the heights of the Mountain Chalet from the existing as indicated below: e Ridge N/A 36' 49' i) A picture of the Mountain Chalet on Sheet A3.0 of the application shows the full expanded scheme illustrated by a dashed line indicating the expanded lodge. The current height of the lodge is 36 feet (eight feet taller than allowed); the proposed new height established in the PUD is 49 feet. This proposed height allows for this fourth floor and fifth floor lounge expansion while still remaining lower than the Ritz located directly behind or south of the Mountain Chalet. The Ritz will continue to rise above the Mountain Chalet Staff Report Page 4 r, r) Mountain Chalet as shown in the photo on Sheet A3. 0 of the application thereby making it exempt from the Wheeler Opera House view Plane. PARKING Currently, the Mountain Chalet maintains thirty-seven (37) off-street parking spaces and three (3) loading spaces primarily accommodated in a sub-grade parking garage under the Mountain Chalet accessed from South Mill Street. The parking requirement for the L/TR zone district is 0.7 spaces per bedroom. The parking requirement for the LP Overlay is also 0.7 spaces per bedroom unless otherwise established in a PUD. Currently, the Mountain Chalet contains 55 bedrooms which requires 38.5 spaces. The proposed redevelopment will create a total of 76 bedrooms (including the 5 employee housing bedrooms) which by the land use code require the provision of 53.2 off-street parking spaces. Effectively, the applicant would need to provide 16.2 spaces to satisfy the requirement of the Land Use Code; however, the applicant is not proposing any additional parking with this expansion. The applicant wishes to establish a new parking requirement of 0.49 spaces per bedroom as established through the PUD. While the Mountain Chalet has operated in the past with 37 spaces and taken advantage of the Rubey Park Transit Center located across the street, Staff is concerned that an increase in 21 units (16 lodge units and 5 employee units) without any new parking or additional alternative transportation methods to accommodate may result in unforeseen impacts. However, the Lodge Preservation Program and the Aspen Area Community Plan (AACP) are sympathetic to considering transportation alternatives as discussed below. The Lodge Preservation Program was adopted to provide incentives allowing Aspen's small lodges to expand through a more streamlined process so that they may continue to be a viable lodging alternative for Aspen's visitors while staying competitive with the luxury condominium type developments. Due to the fact that an expansion generally refers to a site that is currently built out that wishes to add on to its current structure, on- site parking has most likely been long established on the site with little room for additional spaces. This is certainly the case for the Mountain Chalet. The AACP indicates that much should be done to provide disincentives for visitors / commuters to Aspen to leave their cars at home. One of the main Policies of the AACP regarding transportation is: Structure new growth in the community in compact, mixed use patterns that enable and support travel by foot, bicycle, public transportation for all types of trips. The AACP Transportation element also contains the following Goals towards this end: A. Continue to improve traveler's Aspen experience by providing local travel information at bus stops, on the Internet, through brochures, etc. Reduce travel by visitors in automobiles through support of innovative traveler services; Mountain Chalet Staff Report Page 5 f""\ f) B. Consider other innovative transportation modes; C. Provide a wide range of flexible transportation management tools and techniques to reduce single-occupant automobile use. The Applicant indicated during the Development Review Committee (DRC) meeting that he gave out a total of 9 residential parking passes to guests over the course of the year 2000. In addition, upon a recent site visit to the lodge during peak capacity, the sub-grade garage remained half full. The Staff has suggested to the Applicant to provide additional alternative and innovative transportation options for guests of the lodge as well as the employees living in the affordable units. The Environmental Health Department indicated that the Applicant should implement traffic mitigation measures such as providing carpool/vanpool financial incentives to employees, free bus passes, vanpools, dial-a-ride service, paying for additional RFT A buses and service, private bus service for employees, limiting parking, covered and secure bike storage, or free bike fleets for residents. PLANNING AND ZONING COMMISSION RECOMMENDATION On June 25'\ 2001, the Planning and Zoning Commission unanimously recommended approval to the City Council for this project with an additional condition that would require the Applicant to either provide a voucher system or create a shuttle / van service for the guests of the Mountain Chalet to mitigate for the lack of any additional parking. STAFF SUMMARY AND RECOMMENDATION It is clear, Aspen's small lodge bed base has declined considerably within the last ten years. The City Council adopted the Lodge Preservation Program as a result of this serious reduction to allow for easier expansion of small lodges given the economic climate which caters more towards the higher end condominium units. Staff finds that the proposed Mountain Chalet lodge expansion is a very strong example of why the Lodge Preservation Program was created. This lodge expansion will allow one of Aspen's most defining small lodges to expand and maintain a competitive presence in Aspen's dynamic lodge base economy. Staff recommends the City Council approve the rezoning, minor planned unit development, a GMQS exemption for the employee housing units, and subdivision for the Mountain Chalet Expansion with the conditions listed in the Ordinance. RECOMMENDED MOTION "I move to approve Ordinance No. ~, Series 2001, approving the rezoning from L/TR to L/TR PL PUD, minor planned unit development, GMQS exemption for employee housing units, and subdivision with the conditions placed in the Ordinance." ATTACHMENTS Exhibit A: Rezoning Exhibit B: Minor Planned Unit Development Mountain Chalet Staff Report Page 6 -/ r'\ ~ 0." ',;'J Exhibit C: GMQS Exemption for Employee Units Exhibit D: Subdivision Exhibit E: Application Mountain Chalet Staff Report Page 7 f1 01 ", ., ORDINANCE NO. tl3 , (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE REZONING TO L/TR WITH LP AND PUD OVERLAYS, MINOR PLANNED UNIT DEVELOPMENT, SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR EMPLOYEE HOUSING UNITS, AND SUBDIVISION FOR THE MOUNTAIN CHALET LODGE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-182-45-002 WHEREAS, the Community Development Department received an application from the Mountain Chalet Enterprises (Applicant), represented by Mitch Haas, requesting land use approvals for the provision of 16 Lodge Preservation allotments, an exemption for the Wheeler Opera House View Plane, rezoning, minor planned unit development, subdivision, and GMQS exemptions for affordable housing and Lodge Preservation for the Mountain Chalet lodge; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval for the proposed land use requests for the Mountain Chalet lodge for the rezoning to L/TR LP PUD, minor planned unit development, subdivision, and GMQS exemptions for affordable housing; and WHEREAS, the Colorado Supreme Court in the case entitled Town of Telluride v. Lot Thirty-Four Venture L.L.C. (case No. 98-5C-547, decided June 5, 2000) held that Section 38-12-301, C.R.S., prohibits the enactment of an ordinance that imposes rent controls; and, WHEREAS, Section 38-12-301, C.R.S., states that the rent control statute is not intended to impair the right of a municipality to manage and control any property in which it has an interest through a housing authority; and, WHEREAS, the applicant desires to grant to the Aspen/Pitkin County Housing Authority an interest in the property subject to the terms and conditions contained herein; and, WHEREAS, the Aspen/Pitkin County Housing Authority has consented to accepting an interest in the property on conditions that it be indemnified and held harmless from any claims, liability, fees or similar charges related to ownership of an interest in the property; and, Mountain Chalet Staff Report Page 8 f""I f'""1 , WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval to City Council to approve the proposed five employee housing units for the employees of the MQuntain Chalet lodge; and WHEREAS, the Planning and Zoning Commission approved, by a vote of five to zero (5 - 0) via Resolution No. 25, Series 2001, the provision of 16 Lodge Preservation allotments, an exemption for the Wheeler Opera House View Plane, and a GMQS Exemption for Lodge Preservation allotments; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 25, Series 2001, by a vote of five to zero (5 - 0), to City Council to approve a rezoning, minor planned unit development, subdivision, and A GMQS exemption for affordable housing; 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 Housing Authority, the applicable referral agencies, and has taken and considered public comment at a regular public hearing on July 9, 2001, and approved this Ordinance for rezoning, minor planned unit development, subdivision, and A GMQS exemption for employee housing units with conditions by a vote of _ to _ L - -.J; and WHEREAS, the City Council finds that this request for rezoning, minor planned unit development, subdivision, and a GMQS exemption for affordable housing meets or exceeds all applicable development standards and that the approval of the application, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: SECTION 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Mountain Chalet, parcel identification of 2737-1 82-45-002 is approved for the rezoning to L/TR LP PUD, minor planned unit development, subdivision, and a GMQS exemption for employee housing units. SECTION 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Mountain Chalet Minor rezoning to L/TR LP PUD, minor planned unit development, subdivision, and a GMQS exemption for employee housing units is approved, subject to the following conditions: Mountain Chalet Staff Report Page 9 r\ fJ 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). 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 location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. 3. Within 180 days after final approval by City Council and prior to applying for a building permit, the applicant shall record a PUD Agreement and the Final PUD Plans with the Pitkin County Clerk and Recorder binding this property to this development approval. 4. The following dimensional requirements of the PUD are' approved and shall be printed on the Final Illustrative Plan: (units measured in feet or square feet) 6,000 One lodge unit per 245 sq. ft. of lot size 60 feet As per the PUD Plan As per the POO Plan 10 feet No Requirement As per the PUD Plan 10 feet As per the PUD Plan As per the PUD Plan As per the PUD Plan 0.49 spaces per bedroom (37 spaces for 76 bedrooms) 5. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. Mountain Chalet Staff Report Page 10 r") n ,c , 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. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 6. The building permit plans shall demonstrate an adequate fire sprinkler system and alarm system for the new buildings, in the event required by the Aspen Fire Marshal. 7. 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 applicant shall submit a detailed landscape plan to the Community Development Department showing the size, species, quantity, and location of all existing and planned native vegetation on the site. The landscape plan shall show: 1) The size, species, quantity and location of planned vegetation surrounding the temporary parking area. 2) The size, species, quantity and location of vegetation between the affordable housing and lodge condominium building and the lot line above the sub-grade parking garage. 3) A green strip to include street trees, and a separated sidewalklconcrete path along the front of the Applicant's property which shall be constructed at such time deemed appropriate by the City Engineer. 4) The final landscape plan shall be approved by the Community Development Director after considering a recommendation by the Parks Department and City Engineer. The Applicant shall contact the City Forester regarding the correct seed mix for replanting disturbed areas with native species. 8. Section 26.445.050(J) Planned Unit Development - Phasing of Development Plan, prior to the issuance of building permits for the first phase, the Applicant shall provide a promissory note secured by a Deed of Trust in the property in a form acceptable to the City Attorney to the City for .88 of an employee generated by the first phase at the Category 3 level at the then current Aspen/Pitkin County Affordable Mountain Chalet Staff Report Page II 1""\ r) Housing Guidelines, subject to termination upon complete prOVlSlon of on-site mitigation for phase 2. The Deed of Trust shall be subordinated to the existing debt and any construction loan(s). All conditions in this ordinance shall be memorialized in the Final Plat and Planned Unit Development Agreement. 9. The Applicant shall convey an undivided fractional interest in the ownership of the property to the Aspen/Pitkin County Housing Authority for the purposes of , complying with the recent Colorado Supreme Court Decision regarding rent control legislation. The Applicant may submit an alternative option to satisfy the rent control issue acceptable to the City Attorney. 10. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership of an interest in the property. II. Prior to phase 2 and prior to the building permit being issued, the Applicant shall record a deed restriction for the affordable housing units, and grant the undivided fractional interest in the ownership of the affordable housing units to the Aspen/Pitkin County Housing Authority. 12. The Applicant shall adequately mitigate for employee generation by providing deed restricted employee housing for at least 3.84 FTEs as per the recommendation from the Aspen / Pitkin County Housing Authority. 13. The Applicant shall submit to the Housing Office prior to the application of building permits reconfigured employee unit square footages which meet the minimum square footage requirements as stated in the Guidelines and agreed to by the Applicant. 14. The five employee units shall be deed restricted at the Category 2 rental rate, but that since the units are included in the lodge itself, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of Phase 1 to establish mutually acceptable lease terms for employees whose units are attached to the business. 15. That the Applicant complete and record the deed restriction for the units prior to application for building permits, along with a temporary deed restriction for the unit being used prior to completion of Phase 2, which is located in the Kitzbuhel Lodge. Housing Office Staff shall approve the Kitzbuhel unit prior to the acceptance of this unit for deed-restricted purposes; this unit shall be restricted at a Category 2 rate with no limitations on income or assets. The deed restriction on this specific unit will be released upon approval of the Certificate of Occupancy for the five employee units provided for in the Mountain Chalet. 16. The Applicant shall implement the following traffic mitigation measures to mitigate for PM -10 emissions and trips generated: 1) provide free bus passes to employees, 2) Mountain Chalet Staff Report Page 12 ('") f"I. l limiting parking, 3) provide covered and secure bike storage, and 4) provide a free bike fleet consisting of five bikes for employees and guests of the lodge. In addition, and as required by the Planning and Zoning commission, the Applicant shall mitigate for the lack of parking and provide a courtesy van or "vouchers" for guests of the Mountain Chalet lodge to begin following the completion of Phase 3 of this development. 17. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the state to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. Section 3: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Historic Preservation Commission, Planning and Zoning Commission, or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 9'h day of July, 200!. Attest: Kathryn S. Koch, City Clerk Helen K1anderud, Mayor FINALLY, adopted, passed and approved this 27"' Day of August, 200!. Mountain Chalet Staff Report Page 13 f"', n EXHIBIT A REZONING 26.310.040 Standards of review. In reviewing an amendment to the official zone district map, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding Staff finds that the proposed amendment is consistent with all applicable portions of the Land Use Code. The intended use of the property is consistent with the Lodge Preservation (LP) zoning; specifically, the proposal is for the expansion ofthe Mountain Chalet lodge so that more lodge units and affordable employee housing units can be provided. Both of these uses are allowed uses in the LP Overlay Zone District. In order to accommodate the requests made in this application, the property will need to be rezoned from its current designation ofL/TR to include LP and PUD overlays. The resulting zoning will be L/TRlLP/PUD. This rezoning fits exactly with the purpose of the L/TR and LP zone districts. The purpose of the L/TR zone district is "to encourage construction and renovation of lodges, in the area at the base of Aspen Mountain." Similarly, the Code describes the purpose of the LP Overlay zone district as being: To provide for and protect small lodges on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses . . . 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 Applicant proposes an expansion, which is located in the area at the base of Aspen Mountain. The Mountain Chalet has been located at its current location and used as a lodge since 1954. The LP zoning request provides incentives to enable upgrading of the existing lodge so that it can remain competitive with respect to visitor expectations that have changed since the lodge was originally constructed. The current lodging market demands "up-to-date" facilities and rooming accommodations with more space and choices. The Mountain Chalet still maintains a somewhat uniform supply of room sizes, most of which have outdated facilities. Additionally, due to highly exaggerated cost of housing in the Aspen area coupled with the increases in commuting traffic from the down valley area, the Mountain Chalet has had a difficult time finding and maintaining quality employees. The proposed on-site expansion will ensure the Mountain Chalet's continued viability as a lodge while providing on-site housing for its employees. By rezoning the property with LP and PUD Mountain Chalet Staff Report Page 14 ~ n overlays, this expansion and upgrading of the Mountain Chalet lodge can be realized in order to allow for the continued existence of the lodge and the additional provision of affordable housing for its employees. Staff finds this standard to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. The proposed amendment is consistent with all elements ofthe AACP. It will allow for the expansion and continued viability of one of Aspen's few remaining locally owned and operated small lodges and the development of affordable housing for employees. The AACP states that, "It is. . . balance between all sectors of the community that we are striving to retain and enhance." This statement refers to a balance between "Aspen the community and Aspen the resort." By expanding this type of bed base, furthering the viability of such a small lodge, and providing affordable housing, this proposed expansion will further promote reestablishing the balance the community has been struggling to retain and enhance. Moreover, the "Growth Action Plan" is intended to "Encourage land uses, businesses and events which serve both the local community and the tourist base." This expansion of the Mountain Chalet lodge and providing affordable housing for its employees will serve the local community and the tourist base. This proposed development will further the "Intent," policies and goals of the AACP's "Transportation Action Plan." The transportation element of the AACP includes: "The community seeks to provide a balanced, integrated transportation system for residents, visitors, and commuters that reduces congestion and pollution;" "...reducing dependency on the automobile requires offering alternatives both for automobile use and storage and other means oftransport;" and, "Seek to balance public and private transportation. . . by increasing the number of available transportation choices." The Mountain Chalet is located across the street from Rubey Park Transit Center and the commercial core. Free bus service is available on a regular basis to and from the airport, the three ski areas that are not within walking distance, the music tent, the Maroon Bells, and various other locations. There is no need for customers to have a vehicle at the Mountain Chalet, but for those who do rent or otherwise arrive in their cars, the thirty- seven existing spaces owned by the lodge, combined with the spaces on the surrounding streets, have proven more than adequate. By limiting the amount of available off-street parking to those spaces currently existing, guests and employees of the lodge will be encouraged to utilize these alternative means of transportation to the maximum extent practicable. Upon a recent site visit to the lodge during peak capacity, the sub-grade garage remained only half full. The "Intent" of the "Housing Action Plan," is to "Create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable." This expansion will further the intent by creating affordable employee housing that is dispersed and Mountain Chalet Staff Report Page 15 ~ ~ t, J appropriately scaled to the neighborhood. The proposed employee housing units will be deed restricted and registered with the Aspen IPitkin County Housing Authority to ensure their continued affordability. The design of the affordable housing units is appropriately scaled as they will be integrated with the expansion. This requested expansion is consistent with the AACP policy for the development of". . . small scale resident housing which fits the character of the community and is interspersed with free market h . " ousmg... The project site is within the original City and Townsite of Aspen. In accordance with the Lodge Preservation Overlay Zone District's encouragement of "affordable housing for employees of the lodge," the proposal promotes the following "Housing Action Plan" policies: "Encourage infill development within the existing urban area so as to . . . allow more employees will be able to live close to where they work;" and, ". . . an employer that builds affordable housing units shall. have the right to designate that their employees shall have first right to those affordable units, if they meet the qualifications." The "Intent" of the "CommerciallRetail Action Plan" is to "Provide incentives for managed strategic growth by. . . small lodges." This portion of the AACP explains that, "The community must find ways to maintain these small lodges and the experience they offer to our guests." In addition, the policies of the "CommerciallRetail Action Plan," indicate the following: "Provide incentives to keep small lodge owners in operation;" and, ". . . allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community." The proposed sixteen unit expansion is consistent with the goal of managed strategic growth by small lodges. The combination of the LP and PUD Overlays allow for mitigation at the level of incremental increases in impacts due to an expansion, and the proposed employee housing exceeds 100% of the incremental increase in employment that will be caused by the expansion. The proposed layout of the new lodge units and their architecture have been designed to be fully compatible and consistent with the current design. The philosophy of the "Design Quality" section of the AACP explains that, "Modem buildings woven throughout the traditional townsite and along the hillsides create an eclectic design quality that contributes to the small-town uniqueness of our community." The architecture of the existing Mountain Chalet lodge has been described as "Swiss/Mountain Chalet," and it is one ofthe structures that contributes to the eclectic design quality and small-town uniqueness of Aspen. The expansion will maintain and enhance this design quality in the area at the base of Aspen Mountain. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. The subject site is surrounded to the south and the west by Lot 1 of the Aspen Mountain PUD (AMPUD), which maintains a zoning ofL-TR/PUD. The properties to the east, northeast, and north are zoned park, public, and park, respectively. This request will result in the project site being zoned Lodge-Tourist Residential with Lodge Preservation Mountain Chalet Staff Report Page 16 t""', n and Planned Unit Development overlays (L/TR/LP/PUD). The underlying L/TR zoning will remain consistent with the neighboring, adjacent properties to the south, west, and northwest. Surrounding land uses include a mix of lodges, retail shops, parks and recreation facilities, bars and restaurants, transportation facilities, and duplex, single-, and multi-family residential. In comparison with other neighborhoods, the subject area is densely developed. Staff finds the proposed amendment is fully compatible with surrounding land uses, zone districts, and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. The rezoning itself will nat effect traffic generation or road safety. However, the lodge expansion enabled by the rezoning, will effect traffic generation creating a maximum of 100 additional trips per day according to the Environmental Health Department's analysis. However, this slight increase will be positively affected by the immediate proximity to the Rubey Park Transit Center, skiing, and the commercial core. The increase of vehicle trips over existing conditions for the site will have a negligible impact on surrounding streets. It appears that the surrounding streets can adequately and safely handle the impacts of the proposed development, and no improvements to the adjacent streets are required as a direct result of the additional traffic volumes that may result from the proposed expansion. By limiting the amount of available off-street parking to those spaces currently existing, guests and employees of the lodge will be encouraged to utilize alternative means of transportation to the maximum extent practicable. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medicalfacilities. The proposed rezoning will not affect infrastructure or infrastructure capacities. With regard to future plans for the property under the proposed L- TR/LP /PUD zoning, adequate water supply and pressure is available to serve the proposed project without additional upgrades to the City's treatment and distribution systems. Fire protection provided by existing hydrants will be adequate and will not be affected or interrupted by development. The Applicant is required to install sprinkler systems the entire building. Treatment capacity is available from the Aspen Consolidated Sanitation District (AS CD) to serve the additional demand associated with the proposed project. Historic drainage patterns and rates will be maintained (via the installation of roof drains, downspouts, and dry wells) due to the fact that the amount of impervious spaces will not increase as a result of this expansion. Impacts on parks and schools will be minimal as most of the development is comprised of tourist accommodations. Only five affordable I-bedroom dwelling units are proposed, and these will have little affect on schools or parks; they will contain only one bedroom each and be used by employees of the lodge. There are several parks located immediately Mountain Chalet Staff Report Page 17 f1 o across the street. Paepke and Bass Parks are both just a few blocks to the north. These parks provide adequate capacity to adequately serve the proposed development. The roads serving the project site are currently plowed and maintained by the City of Aspen. The site is located on a public street, making it easily accessible for emergency medical and fire protection services. The introduction of sixteen new lodging units and three affordable housing units will not result in demands exceeding the capacity of any public facilities or services. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. This proposed rezoning will not affect the natural environment. The site is already developed and located in a densely developed area. The expansion will not result in any additional land consumption as the slight expansion of the building footprint will involve already developed lands. The property will continue to be served by public water and sanitary sewer systems, and historic drainage patterns will be maintained. The availability of public transportation will help to reduce dependency on individual automobile use by the guests and employees of the lodge, in turn, significantly reducing the project's PMlO generation and affects on air quality. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. This rezoning will not be inconsistent or incompatible with Aspen's community character. In fact, this rezoning enables application for the expansion of the Mountain Chalet lodge which is consistent with the community character as indicated above. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. It is clear, Aspen's small lodge bed base has declined considerably within the last ten years. The City Council adopted the Lodge Preservation Program as a result of this serious reduction to allow for easier expansion of small lodges given the economic climate which caters more towards the higher end condominium units. In the last ten years, a total of264 lodge rooms have been added/constructed while Community Development Department records indicate 317 units have been lost since the start of the 1990s. This proposed amendment is a good step toward counteracting the trend of the 1990s resulting in significant losses to Aspen's small lodge and economy/ moderately- priced tourist bed base. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Mountain Chalet Staff Report Page 18 t) n The proposed amendment is in harmony with the public interest as well as the purpose and intent of the Land Use Code. The "Purpose" of the Lodge Preservation Overlay zone includes providing "an incentive for upgrading existing lodges on-site or onto adjacent properties." The LP rezoning will enable the on-site expansion and upgrading of the Mountain Chalet. Therefore, the proposed amendment is in harmony with the purpose and intent of the Regulations and the Lodge Preservation zoning. In addition, it has been repeatedly recognized that the provision of housing for employees in Pitkin County and Aspen is in the public interest and is in harmony with the purpose and intent of the Regulations. Mountain Chalet Staff Report Page 19 r-.. r) EXHIBIT B MINOR PLANNED UNIT DEVELOPMENT Review Standards: Minor Planned Unit Development. A development application for Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with 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 Please refer to Rezoning (Criterion B) of this Memorandum . 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding Please refer to Rezoning (Criterion C) of this Memorandum. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding With the exception of an increase in traffic generation that the applicant will further mitigate for, the proposed development will not adversely affect the future development of the surrounding area. The surrounding properties are essentially built out. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The Applicant is aware that a total of twenty-nine LP tourist accommodation allotments are currently available. This proposal requires 16 LP allotments. Pursuant to Section 26.470.070(1) of the Land Use Code, the five proposed affordable housing units are exempt from the GMQS scoring and competition procedures. Mountain Chalet Staff Report Page 20 t""\ n As a matter of process, the Planning and Zoning Commission decides whether or not to grant the sixteen requested LP allotments. The GMQS Exemptions for the five affordable housing units will be decided by City Council during its review of the Minor PUD. Therefore, in accord with the requirements of this standard, all GMQS allotments and exemptions needed to accommodate the proposed development will be considered in combination with this PUD development plan review. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below and shall comply with the following: Dimensional Requirements Comparison (units measured in feet or square feet) 18,750 See Minimum lot area per One lodge unit One lodge unit per 245 sq. dwelling unit 340 per sq. ft. of ft. of lot size lot size 60 feet 125 feet 60 feet 10 feet 2 feet As per the PUD Plan 5 feet o feet As per the PUD Plan 10 feet 20 feet 10 feet Not regulated Not Regulated No Requirement 28 feet 36 feet As per the PUD Plan 1 0 feet N/A 10 feet 25% Approximately As per the PUD Plan 11% Not Regulated 7.5' x 6' As per the PUD Plan Rental space limited to a max. of 0.5:1, which can be increased to 0.75:1 if at least 33113 % of the additional FARis approved for Has not been As per the PUD Plan residential use restricted to AH for determined employees of the lodge; non-unit space must account for no less than 0.25:1 0.7 spaces per two bedroom unit; I 0.67 spaces for 0.49 spaces per bedroom space per one bedroom unit 55 bedrooms (37 spaces for 76 bedrooms) .Setbacks and height vary in the development program. The specific dimensions included in the approved PUD plan define these dimensional standards. Mountain Chalet Staff Report Page 21 o n 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character oj, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding There are no known natural or man-made hazards affecting the project site. There are no waterways affecting the project site or surrounding area. The existing vegetation on the project site is sparse, consisting mainly of that which has been planted within the various planter boxes. It is the Applicant's intention to remove and replace only those trees within the planters that have caliper measurements of less than four inches. All other trees are to remain. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The Applicant proposes increasing the height to accommodate a fourth and fifth floor that is in keeping with the current architecture that has helped to define the Mountain Chalet today. This PUD will allow primarily for the ability to set the parking requirements and height requirements as discussed in this memorandum. Neither the site coverage nor the open space conditions of the site will change from those which currently exist. The massing and scale of the proposed development is consistent with that of the surrounding neighborhood. The expanded structure will provide for a more appropriate and complete backdrop to Wagner Park. This will better help to define the edge ofthe commercial core and the start of the Aspen Mountain base area neighborhood. 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. Mountain Chalet Staff Report Page 22 ~ ^ d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The Land Use Code requires 0.7 parking spaces per lodge bedroom unless otherwise established via this standard. A total of 37 off-street parking spaces are proposed on the project site (no change). Moreover, the commercial core (one block), the Rubey Park Transit Center (across the street), and Aspen Mountain (1.5 blocks) are all within easy walking distance. Limiting the amount of available off-street parking to those spaces currently existing will serve as a disincentive, encouraging guests and employees of the lodge to utilize alternative means oftransportation to the maximum extent practicable, thereby forwarding the community goals expressed in the AACP. However, Staff believes that the Applicant should designate five spaces for the affordable housing units in accordance with the Housing Office's suggestion of 3 to 5 spaces. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The project site benefits from sufficient infrastructure capabilities to serve the proposed development and, therefore, no density reductions are necessary. As a result of the DRC meeting with various referral agencies, all utilities are available to the site and the existing capacities are adequate to accommodate the proposed density. Durant Avenue and South Mill Street are City of Aspen public rights-of-way and, as such, are already plowed and maintained by the City of Aspen. Vacated Dean Street is plowed by the St. Regis Hotel in exchange for the Mountain Chalet's commitment to provide maintenance (i.e., chip sealing in the summer); the two hotels maintain an agreement to this effect. The Aspen Fire District station is a three blocks from the project site, and the Mountain Chalet which is served with ample existing hydrants and is located within the fire protection district. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rockfalls 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. Mountain Chalet Staff Report Page 23 r) (j 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 naturalfeatures of the site. Staff Finding The project site is suitable for the proposed development. It is already developed and the proposed expansion will not consume much additional land. It is essentially flat, and all of its area is within the slope classification category of 0-20%. As a result, very little addition impervious surfaces will be created on the property and only minimal impacts to the existing drainage conditions will result. Historic drainage rates will be maintained via the installation of an engineered roof drain, downspout and dry well system. Thus, the proposed development will not be detrimental to the natural watershed and will not result in water pollution. No wood burning devices will be installed. Further, the development will encourage the use of alternative means of transportation such as the buses to/from Rubey Park and walking. This will help to limit the amount ofPM-10 generation attributable to the development. Regardless, the applicant will be required to comply with all requirements of the Environmental Health Department in connection with the issuance of building permits, and this will ensure that affects on air quality are addressed. No additional driveways, roads, or trails are proposed on the project site. There are no critical natural features on the site, and site disturbance will be kept to the minimum required for construction. 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 maximum allowable density in the underlying L/TR zone district is regulated via minimum lot area per dwelling unit; otherwise, it is not specifically regulated at all for Mountain Chalet Staff Report Page 24 (\ f) The existing Mountain Chalet lodge was constructed in multiple (II) phases over a period spanning some forty-one years. As a result, the existing design is somewhat disjointed, with a four story west wing next to a two and one-half (2.5) story center and east wing. Architectural detailing is not consistent on all sides. The completed expansion will provide an overall balance to the structure. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding Only one structure exists on the property and no additional structures are proposed. The peak ridge height of the expansion is clustered into only two small areas that are set back in the center of the structure. Please refer to the response provided for the previous standard for greater elaboration on the proposal's effect on vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding Please refer to the response provided for standard C.l., above. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding The site is surrounded on two of its four sides by public rights-of-way, and by a private street on its third side. Emergency vehicle access will continue as is, primarily from Durant A venue and vacated Dean Street. The structure is and will continue to be accessible for fire protection. Service and delivery vehicles will continue to use the existing loading areas on vacated Dean Street and Durant Avenue. The trash area will remain in its current location, just off South Mill Street at the top of the garage ramp. 5. Adequate pedestrian and handicapped access is provided. Staff Finding The existing detached sidewalks will be maintained around the structure's east, north and south sides. All sidewalks will remain in their current configurations, except the Durant Avenue sidewalk will be improved as part of the development's third phase in order to provide a level grade. The improvement of the Durant Avenue sidewalk will greatly help with handicap access. The handicap accessible ramp along the side of the garage ramp will be rebuilt as part of the expansion and will continue to comply with ADA specifications. The elevator access to the upper levels will be maintained throughout the Mountain Chalet Staff Report Page 26 f1 f") allowed uses such as lodges. The proposed dimensional requirements, will allow one lodge or residential bedroom per 245 square feet of lot size. The discussion regarding the proposal's consistency with the goals and objectives of the AACP clearly demonstrates that the project will serve to advance many goals of the community, not the least of which address small lodges and affordable housing. Also, as demonstrated in response to the two previous criteria, the site is physically capable of supporting the proposed density. Finally, the proposed development will be compatible with and complimentary to the existing and expected surrounding development patterns, land uses, and characteristics. 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 site does not presently contain any unique natural or man-made features that provide visual interest or a specific reference to the past, but Wagner Park and the Silver Circle Ice Rink are both located directly across the street from the subject property. The Mountain Chalet will maintain its existing street orientations and architectural style. As the proposed elevations demonstrate, the building will continue to exhibit and provide a strong example of the Mountain Chalet style. The roof pitches will be maintained, as will the patterns created by the horizontal wood siding, balconies and shutters. The "Chalet" style detailing will be continued onto the redeveloped east wing as well as the new fourth and fifth floors. The perceived mass will be broken up by the inclusion of several gable ends, many balconies, and a change in exterior building materials between the lower and upper floors. The peak ridge height is reached in only two small areas that are set back in the center of the structure. The structure's height will be significantly less from the Dean Street side due to the higher grade existing on the south side. Designated and protected view planes from the Wheeler Opera House will not be affected, and views from the commercial core to Aspen Mountain will not be compromised. In fact, only the north St. Regis facade will be obstructed. Further, the proposed overall height of the Mountain Chalet will be similar to, but still lower than that of the St. Regis. Moreover, the heights proposed herein will be perceived as significantly lower than the height of the St. Regis and the hotel proposed for replacement ofthe Grand Aspen since both of these sites are located substantially higher up the hillside created by the base of Aspen Mountain. Mountain Chalet Staff Report Page 25 0, n expansion processes. The two handicap accessible rooms (units 108 and 110) will continue to comply with ADA specifications. 6. Site drainage is accommodatedfor the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The project site is already developed and the proposed expansion will consume very little additional land. Therefore, only minimal additional impervious surfaces will be created on the property and, only minimal impacts to the existing drainage conditions will result. Regardless, an engineered roof drain, downspout and dry well system will be installed to ensure that no drainage related impacts will be felt on surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding There are no detached buildings to accommodate spaces between. No new outdoor programmatic functions are associated with the proposed development. The existing courtyard areas will be maintained. 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 There is currently very little landscaping on the property as it is mostly built out to the lot lines with the lodge structure itself except for several planters and a large tree located in front of the Mountain Chalet. To date, no landscaping plan has been submitted and for practical reasons, is unnecessary in the subject case. The Applicant intends to replace all existing trees located in planter boxes and having caliper measurements ofless than four inches. Otherwise, all existing plantings will be maintained and no additional plantings are currently proposed. 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. Mountain Chalet Staff Report Page 27 /' t""" t) Staff Finding Please refer to the response provided for the previous standard. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding For any trees to be protected or otherwise requiring protection, the applicants propose the following methods of ensuring their protection. Prior to construction, all trees to be protected will have orange protective barrier fencing erected which, as a minimum, will be supported by I' x I' or similar sturdy stock for shielding of protected trees no closer than six feet from the trunk or one-half (l/2) the distance of the drip line, whichever is greater. Within this protection zone, there will not be any movement of equipment or storage of equipment, materials, debris, fill, or cut unless approved by the City Forester. During the construction stage, the developer will prevent cleaning of materials or equipment, or the storage or disposal of waste materials such as paints, oils, solvents, asphalt, concrete, mortar, or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. If these methods are deemed by the City Forester as unsatisfactory or in need of supplementation, the applicant is willing to work with him to arrive at an acceptable plan. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The existing Mountain Chalet lodge was constructed in eleven phases over some forty- one years. As a result, the existing design is somewhat disjointed, with a four story west wing next to a two and one-half (2.5) story center and east wing. Architectural detailing is not consistent on all sides. The completed expansion will provide an overall balance to Mountain Chalet Staff Report Page 28 r'\ t1 the structure. The expanded structure will provide for a more appropriate and complete backdrop to Wagner Park. The "Design Quality and Historic Preservation" element of the AACP is intended to "Ensure the maintenance of character through design quality and compatibility with historic features." The architecture of the existing Mountain Chalet lodge has been described as, appropriately enough, "Swiss/Mountain Chalet," and it is one of the structures that contributes to the eclectic design quality and small-town uniqueness of Aspen. The expansion will maintain and enhance this design quality in the area at the base of Aspen Mountain. The proposed layout of the new lodge units and their architecture have been specifically designed to be fully compatible and consistent with the existing design. This will ensure that the architecture represents a character suitable for and indicative of the intended use. 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 There is an existing, outdoor swimming pool and hot tub, both of which are partially heated with power generated from the six solar collectors on the roof of the building's east wing. If practical, the Applicant intends to reinstall the existing solar panels or replace them with new ones after the expansion is completed. The reinstalled or replaced solar panels would be moved to the center portion of the building, facing Dean Street in order to make them less visible from the surrounding public streets and sidewalks. All existing and created sub-grade spaces benefit from natural cooling. 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 The functions described in this standard are already accommodated by the existing lodge and will continue to be facilitated in the same manners as presently employed. 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 inteiference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Mountain Chalet Staff Report Page 29 t""\ r"I Staff Finding No exterior lighting beyond that currently existing is proposed. Nevertheless, the development will comply with Section 26.575.150, Outdoor Lighting, of the Regulations, and specifically with Section 26.575.150(E), Non-Residential Lighting Standards (including mixed use projects). Compliance with said section will ensure consistency with this PUD review standard. No lighting of site features or structures is proposed, and no lighting will cause direct glare on or hazardous interference of adjoining streets or lands. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding Please refer to the narrative provided in response to the previous standard. G. Common Park, Open Space, or Recreation Area. Ifthe proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's builtform, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding No designated parks, open spaces, or recreation areas are proposed as part of the PUD, rendering this standard inapplicable. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (notfor a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding No common park or recreation areas are proposed. 3. There is proposed an adequate assurance through a legal instrumentfor the permanent care and maintenance of open spaces, recreation areas, and Mountain Chalet Staff Report Page 30 t""\ " t"""'\ sharedfacilities together with a deed restriction againstfuture residential, commercial, or industrial development. Staff Finding No such areas are proposed; thus, there is no need for a deed restriction against future residential, commercial, or industrial development. 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 Connections to public water and sewer will be made and the respective capacity of these ' services will not be exceeded. Historic drainage patterns and rates will be maintained. Impacts on parks and schools will be minimal as most of the development is comprised of tourist accommodations. Only three affordable studio dwelling units and two affordable one-bedroom dwelling units are proposed for use by employees of the lodge, and these will have negligible affects on schools and parks. Given the one bedroom or smaller size of these units, it is not at all likely that school age children will be living on site. Park lands are plentiful in the neighborhood, with Wagner Park, Bass Park, Paepke Park, and the Silver Circle Ice Rink all located nearby. These parks and Aspen Mountain all maintain more than enough capacity to adequately serve the proposed development. The roads serving the project site are already plowed and maintained by the City of Aspen. The site is located on a public street, making it easily accessible for emergency medical services and fire protection. The introduction of sixteen new lodging units and three affordable housing units will not result in demands exceeding the capacity of any public facilities or services. 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 While no adverse impacts on public infrastructure are anticipated, the Applicants have agreed to bear the costs of any necessary connections, upgrades, and line extensions. Pursuant to Section 26.610.020 of the Regulations, park development impact fees for the new lodge bedrooms (but not the affordable housing bedrooms) will be due at the time of building permit issuance. Mountain Chalet Staff Report Page 31 ,-" t"'\ 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding It is not believed that any over-sizing of utilities will be necessary, but if such should be required, the applicant will be glad to be reimbursed. In the event that utilities have been oversized in connection with other developments in the area and an agreement for reimbursement is in place, the applicants will pay their proportionate reimbursement fees for connection to such facilities. 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: I. 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 Each unit of the proposed PUD will have direct access to the adjacent streets via the various exits from the lodge. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding As mentioned above in prior sections of this memorandum, the proposed development will not create traffic congestion on the roads surrounding the property. The property is surrounded by streets on three of its four sides. The surrounding streets can accommodate the proposed development without any need for further improvement. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: Mountain Chalet Staff Report Page 32 r'\ ~ 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 applicants propose three separate phases to complete the development of the PUD. The division of construction into three separate phases is necessary for the Applicants' ability to finance the project. Phase one involves fourth and fifth floor additions in the central portion of the Structure. The phase one addition will accommodate the development of eight new lodge units on the fourth floor and a new lounge on the fifth floor. Phase two includes the demolition of the building's existing two and one-half (2.5) story eastern wing and its redevelopment with four stories oflodge rooms and sub-grade/garden level employee housing. The phase two eastern wing will house seven new lodge units on each of its four floors, as well as five employee dwelling units in the sub-grade/garden level space. Phase three will involve only the remodeling of the lobby and common area spaces on the first and second floors, and improvement of the Durant Avenue sidewalks. Each of the first two phases will function independently, as a complete development when concluded. All necessary facilities and staff are already in place and will be maintained throughout the various phases of development. When phase one is completed, the lodge will function as normal. Phase two will be a bit more disruptive to operation, but since it involves a distinct wing of the lodge, the unaffected portions will be able to go on operating as usual. Phase three will require some interim measures, all of which will be easily accommodated within the existing Structure and during the off season. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. Staff Finding Potential occupants of the initial phases will be made aware of when subsequent construction phases will commence, and will have the choice of whether or not to use the affected unites). 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The proposed phasing plan will be described in detail and guaranteed via the PUD Agreement. The only applicable impact fees will be those associated with Parks, and said Mountain Chalet Staff Report Page 33 , ~ n fees are required, and guaranteed, at the time of building permit issuance. Building permit and PUD Agreement requirements will also guarantee any necessary improvements to public facilities. As discussed, the Applicant shall provide for employee generation for Phase I by deed restricting rooms at the Kitzbuhel Lodge until Certification of Occupancies are provided for the five employee units in Phase 2. Specifically, it is proposed that a one-bedroom unit in the Kitzbuhel Lodge, owned by the applicant, will be temporarily deed restricted to mitigate for the minor employee generation impacts attributable to the phase one expansion. Mountain Chalet Staff Report Page 34 > ('-, r) EXHIBIT C GMQS EXEMPTION FOR EMPLOYEE DWELLING UNITS 26.070.070(J) Affordable housing. All affordable housing deed restricted in accordance Section 26.470.070(1) of the Regulations provides that, "All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt [from the GMQS scoring and competition procedures]." Review is by City Council. The section goes on to state that, The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. The City is certainly in need of affordable housing, not only to mitigate the proposed development, but to help meet the shortfall of affordable housing available throughout the community. The proposed development complies with the "Aspen/Pitkin County 1999 Affordable Housing Guidelines." Five employee dwelling units are proposed on the project site, as described in the foregoing. Each unit will be deed restricted on a case-by- case basis to match the income level of the lodge employee to be housed. No multi-family housing units will be demolished. The new lodge units will be operated as part of the Mountain Chalet, under the same management and using the existing facilities and employees. In accordance with the above standard, employee generation impacts are to be reviewed on the basis of incremental change. The Housing Office has used a generation factor of 0.4 employees per lodge room to evaluate the expected employee housing needs of lodge expansion proposals, and requiring that 60% of the employees generated be provided with deed restricted affordable housing. Such as in the evaluation of the Hotel Aspen expansion. With the 0.4 employees per room factor, the mitigation requirement was still established based on a need to house 60% of the employees theoretically generated. The proposed expansion will theoretically generate 6.4 new employees (16 x 0.4). With a requirement to provide housing for 60% of the employees generated, the development will need to house 3.84 employees (6.4 x 60%). The Applicant has proposed housing for much more than 60% the incremental increase in employment that will theoretically result from the proposed expansion, even using the higher standard of 0.4 employees generated per lodge room. That is, three studio employee housing units and two one-bedroom employee housing units are proposed as part of the redeveloped east wing. Given their location within the lodge and the proximity to customers, the deed restricted units will be rented to employees of the Mountain Chalet Mountain Chalet Staff Report Page 35 , ~ r\ i..} only. Also because of these considerations, the units will in no case be sold to employees for fear that the buyer could then resign from working for the lodge but still own an apartment therein. This is consistent with the recent approvals granted to the Hotel Aspen. All five of the new employee units will be deed restricted in accordance with the Housing Guidelines, providing credit for housing 1.75 employees per one-bedroom unit and 1.25 employees per studio unit. This means the applicant will be providing new housing for a total 00.25 employees ([1.75 x 2] + [1.25 x 3]). The provided housing equates to over 117% of the employees generated by the expansion, or approximately double the amount of housing required. Based on size, the Housing Guidelines would typically require that Employee Apartments 1,2,3, and 4 be deed restricted to the Category I or 2 level, while Employee Apartment 5 be deed restricted to the Category 3 or 4 level. Such limited restrictions would be too confining for the subject case. Instead, the category designation for each of these units needs to accommodate the salary levels of the Mountain Chalet lodge employees who need to be housed. Therefore, the Applicant requests that it have the ability to, from time to time, adjust the categories as necessary to accommodate the income levels of the employees to be housed. This, too, is consistent with the recent approvals granted to the Hotel Aspen. Regardless of the time-to-time category designations, rental of the units will comply with the APCHA minimum lease requirements. The Applicant also owns and maintains twelve units (with sixteen bedrooms) in the Kitzbuhel Lodge which is currently used to house many of his employees. These units are not deed restricted, nor are they being offered as a means of meeting any permanent housing requirements associated with the expansion proposed herein; however, these units will continue to be available to employees of the Mountain Chalet, including any generated by its expansion. Recognizing that the proposed employee housing units will be built in the second phase of the expansion, the applicant is prepared to mitigate the incremental employee generation attributable to phase one of the proposal by temporarily deed restricting a one- bedroom unit in the Kitzbuhel Lodge. Phase one involves the addition of eight new lodge units. The Applicant proposes, and APCHA agrees, that a one-bedroom unit at the Kitzbuhel Lodge be deed restricted in a manner consistent with the terms described above with the caveat that the deed restriction be permanently dissolved when a certificate of occupancy is issued for the on-site housing to be developed during phase two of the Mountain Chalet expansion. Mountain Chalet Staff Report Page 36 1""'"\, I) EXHIBIT D SUBDIVISION The Definitions section (26.1 04.1 00) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred, as will be the case with the deed restricted employee housing units to be built in Phase Two of the Mountain Chalet expansion. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Please see Standard B in Exhibit A rezoning for this response. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Please see Standard C in Exhibit A rezoning for this response. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. This standard has been covered in Exhibit B Minor Planned Unit Development for this response. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Please see Standard A in Exhibit A rezoning for this response. B. Suitability of Landfor Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harttiful to the health, safety, or welfare of the residents in the proposed subdivision. This standard has been covered in Exhibit B Minor Planned Unit Development for this response. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Mountain Chalet Staff Report Page 37 1""'\ ~. '1 This standard has been covered in Exhibit B Minor Planned Unit Development for this response. C. Improvements. The improvements set forth at Chapter 26.580 shall be providedfor the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. The applicant intends to provide all improvements set forth in Chapter 26.580, as applicable. The improvements will comply with the design standards also contained in said Chapter. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Chapter 26.520, Replacement Housing Program, is not applicable as no resident or other multi-family housing is being demolished. The applicable standards of Chapter 26.470, Growth Management Quota System, have been addressed as part of the application book, in reference to the GMQS exemptions. E. School Land Dedication. Compliance with the School Land Dedication Standards setforth at Chapter 26.630. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. Note that Section 26.630.030(C) of the Code explains that, "When the proposed subdivision contains of mix of residential, commercial, and other uses, the required dedication shall be based on the number of proposed residential units only." As the property in question contains only 18,750 square feet of land, almost all of which is developed, and is located within the original Aspen townsite, the dedication of land would not be appropriate and the payment of cash-in-lieu represents a more fitting option. These payments shall be made to the City prior to and on a proportional basis to the Mountain Chalet Staff Report , , Page 38 f1 ~ issuance of any building permits for the five deed restricted residential dwelling units based on calculations to be performed by staff of the Community Development Department in accordance with the formula provided in the Code. The Calculation The City of Aspen requires the either the dedication of land or payment of cash-in-lieu fee for each new unit in a subdivision so that current levels of services can be maintained in the Aspen School District. The Applicant has offered a cash-in-lieu payment instead of a land dedication. Calculating this payment is done in the following way (See Chart I below) pursuant to Section 26.630.040(B): Chart 1. Property Market Value Land Dedication Staudard per Unit x ~ = I Payment I x In this case, the Applicant is proposing 5 one-bedroom units of affordable housing for a total offive bedrooms that equates to a Land Dedication Standard of 0.0012 for a one bedroom unit. Since there are more than one unit proposed for this subdivision, then each unit shall be assigned its proportionate share of the current market value which in this case equates to $850,000 per unit. Using Chart I. above, the fee is calculated as $1,683.00. $ 850,000 0.0012 (1 bedroom) 0.33 $336.60 $ 850,000 0.0012 (1 bedroom) 0.33 $336.60 $ 850,000 0.0012 (1 bedroom) 0.33 $336.60 $ 850,000 0.0012 (1 bedroom) 0.33 $336.60 $ 850,000 0.0012 (1 bedroom) 0.33 $336.60 Total $1,683.00 The market value of the land is defined as the value of the land at the time of payment, excluding the value of any structures on the property. The Applicant has determined, according to Pitkin County assessors that the market value of the Mountain Chalet property to be $4,250,000 which then generates a Land Dedication Fee of $1,683.00 as shown calculated in the matrix above. Mountain Chalet Staff Report Page 39 ",. t!L~ c. I MEMORANDUM' i TO: Planning and Zoning Commission I ~ ,I Joyce Ohlson, Community Devel6pment Deputy Director THRU: FROM: Fred Jarman, Planner RE: MOUNTAIN CHALET LODGE PRESERVATION PROJECT DATE: June 19'\2001 SOUTH VIEW OF THE NORTH FA(:ADE (ELEV A TJON) OF THE MOUNTAIN CHALET TAKEN FROM WAGNER PARK. PROJECT SUMMARY: The Applicant, Mountain Chalet Enterprises, represented by Mitch Haas, requests appropriate land use approvals in order to conduct a three phase expansion of the Mountain Chalet Lodge in a Lodge Preservation project. Specifically, the land use requests include: 1) Rezoning from Lodge / Tourist Residential (L/TR) to L/TR with Lodge Preservation (LP) llnd Planned Unit Development (PUD) Overlays or (L/TR / LP / PUD); . (Rezoning will allow the Applicant to take advantage of the Lodge Preservation program designed to allow small lodges to expand via available Lodge Preservation allotments.) 2) lY,Iinor Planned Unit Development; (Lodge Preservation projects are required to go through a Minor PUD process to set their dimensional requirements for the project as well as respond to compatibility criteria. ) 3) Growth Management Quota System (GMQS) Exemptions; Mountain Chalet Staff Report Page I r-., rl 1. Lodge Preservation Exemption 2. Affordable Housing Exemption (The additional lodge units I allotments and employee units are exempt from GMQS.) 4) Mountain View Plane Review (The Mountain Chalet is exempt from the Wheeler Opera House View Plane because expanded Mountain Chalet will still be lower than the Ritz located behind it) ApPLICATION PROCESS: As a matter of process, the Planning and Zoning Commission is a recommending body to the City Council for Rezoning, GMQS Exemptions, and the Minor PUD portions of this application; however, the Planning and Zoning Commission is the final authority for providing Lodge Preservation (LP) allotments to a project as well as providing exemptions from Mountain View Planes. STAFF COMMENTS: The Applicant wishes to expand the Mountain Chalet which continues to be one of Aspen's unique small lodges. The lodge opened for Christmas in 1954 and has continued to grow and evolve over the years with significant additions occurring between 1955 and 1995. The lodge is located on the southwest comer of Durant Avenue and South Mill Street in the L/TR zone district with a Planned Unit Development (PUD) overlay. The Applicant requests the aforementioned land use approvals to conduct a three phase redevelopment scheme for the Mountain Chalet. Specifically, the three phases are outlined below: Phase 1: This phase involves fourth and fifth floor additions to the central portion of the structure. This phase will add eight new lodge units on the fourth floor and a 1,530 sq. ft. lounge on the fifth floor. Employee generation mitigation for this phase will be accommodated by a temporary off-site deed restricted unit at the Kitzbuhel Lodge. Phase 2: This phase includes the demolition of the lodge's eastern wing (2.5 stories) and replacement with a four story wing containing lodge rooms (7 units per floor) and five sub-grade / garden level employee housing units. Phase 3: This phase three involves only the interior remodeling of the lobby and common areas on the first and second floors, and improvement of the Durant Avenue sidewalk. As mentioned above, the Applicant would like to expand the Mountain Chalet lodge using the City's Lodge Preservation Program. In order to accomplish this expansion, the Applicant is required to rezone the property first, then go through a Minor PUD process, and is eligible for GMQS exemptions for the Lodge Preservation effort as well as providing affordable housing units in the lodge for lodge employees. Mountain Chalet Staff Report Page 2 .J>"" ..-.....--.- f"") t"'\ , At present, the Mountain Chalet contains fifty-one (51) lodge units. This expansion will increase the lodge units by sixteen (16) units for a grand total of sixty-seven (67) lodge nnits. In addition to these lodge units, this expansion will also provide five (5) deed restricted affordable employee units for Mountain Chalet employees. LODGE PRESERVATION ALLOTMENTS The Applicant is requesting to rezone the lodge to add the Lodge Preservation (LP) and PUD Overlays to the already established L/TR zone district. This rezoning will allow the Applicant to take advantage of the Lodge Preservation Program designed to allow for the expansion of Aspen's existing small lodges. According to the provisions in the Lodge Preservation Program, the Planning and Zoning Commission determines whether 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. According to the Lodge Preservation (LP) Growth Summary as of February 2001, there are currently 21 available lodge allotments. The Mountain Chalet redevelopment proposes to use 16 of those allotments leaving 5 allotments in the pool. The LP Lodge allotment pool is automatically refreshed by eleven (II) units every June 1 st. These LP allotruents are granted on a first come / first served basis by the Planning and Zoning Commission. (Please see the Lodge Preservation (LP) Growth Summary as Exhibit F.) The Applicant is eligible for a (GMQS) Exemption for the development of these additional 16 lodge units. Specifically, under the LP Program, development, or redevelopment after demolition, of properties zoned LP Overlay to increase or decrease the number of lodge units, the number of affordable housing units, or the amount of accessory commercial square footage, or the change in use between said uses, shall be exemptedfrom the GMQS competition and scoring procedures, provided that the Planning and Zoning Commission determines, at a public hearing, that certain criteria are met. In this case, Staff finds that the proposed expansion is exempt from GMQS competition and scoring finding that there are sufficient available LP allotments to provide the Mountain Chalet with the units they request for their proposed expansion and that all conditions have been met. AFFORDABLE HOUSING / EMPLOYEE UNITS The Applicant is requesting a GMQS Exemption for affordable housing; more specifically, this lodge expansion includes the provision of five (5) employee dwelling units to be located in the sub-grade / garden level of the Mountain Chalet. According to the GMQS in Section 26.470.070(J) of the land use code, All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt. The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's needfor such housing, considering the proposed Mountain Chalet Staff Report Page 3 r-, (") development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. This exemption is deductedfrom the respective annual development allotment established pursuant to Section 26.470.040 andfrom the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. The Applicant received a unanimous recommendation of approval to the City Council from the Aspen / Pitkin County Housing Authority (APCHA) for the proposed employee units on April 18, 2001. It has been the opinion of the Housing Office that a maximum 0.4 employees per lodge room generation figure be used. Further, the Land Use Code states that mitigation is done at a rate of 60%. Therefore, employees generated by the 16 additional lodge rooms would result in (16 x 0.4 = 6.4) 60% = 3.84 FTEs. Per this request, the Applicant proposes to provide the following units: 380 sq. ft. Studio 1 Unit = 1.25 396 sq. ft. Studio 2 Units = 2.50 447 sq. ft. 1 bedroom 1 Unit = 1.75 699 sq. ft. 1 bedroom 1 Unit = 1.75 Total FTEs = 7.25 As a result, the Applicant is proposing affordable housing units for 7.25 FTEs which is 3.41 more FTEs than is required. Staff agrees that due to exaggerated housing costs in Aspen and the commuting workforce, it is difficult to maintain steady employees. This higher mitigation will go a long way towards maintaining good employees for the Mountain Chalet lodge. PROPOSED HEIGHT In general, this expansion will result in the creation of a fourth floor over the central portion and east wing of the current structure as well as adding a fifth floor lounge. The Applicant is proposing to increase the heights of the Monntain Chalet from the existing as indicated below: To the Midpoint of the Roof To the Ridge 51' N/A 36' 49' Mountain Chalet Staff Report Page 4 ~ ~ A picture ofthe Mountain Chalet on Sheet A3.0 of the application shows the full expanded scheme illustrated by a dashed line indicating the expanded lodge. The current height of the lodge is 36 feet (eight feet taller than allowed); the proposed new height established in the PUD is 49 feet. This proposed height allows for this fourth floor and fifth floor lounge expansion while still remaining lower than the Ritz located directly behind or south of the Mountain Chalet. The Ritz will continue to rise above the Mountain Chalet as shown in the photo on Sheet A3. 0 of the application thereby making it exempt. PARKING Currently, the Mountain Chalet maintains thirty-seven (37) off-street parking spaces and three (3) loading spaces primarily accommodated in a sub-grade parking garage under the Mountain Chalet accessed from South Mill Street. The parking requirement for the L/TR zone district is 0.7 spaces per bedroom. The parking requirement for the LP Overlay is also 0.7 spaces per bedroom unless otherwise established in a PUD. Currently, the Mountain Chalet contains 55 bedrooms which requires 38.5 spaces. The proposed redevelopment will create a total of 76 bedrooms (including the 5 employee housing bedrooms) which by the land use code require the provision of 53.2 off-street parking spaces. Effectively, the applicant would need to provide 16.2 spaces to satisfy the requirement of the Land Use Code; however, the applicant is not proposing any additional parking with this expansion. The applicant wishes to establish a new parking requirement of 0.49 spaces per bedroom as established through the PUD. While the Mountain Chalet has operated in the past with 37 spaces and taken advantage of the Rubey Park Transit Center located across the street, Staffis concerned that an increase in 21 units (16 lodge units and 5 employee units) without any new parking or additional alternative transportation methods to accommodate may result in unforeseen impacts. However, the Lodge Preservation Program and the Aspen Area Community Plan (AACP) are sympathetic to considering transportation alternatives as discussed below. The Lodge Preservation Program was adopted to provide incentives allowing Aspen's small lodges to expand through a more streamlined process so that they may continue to be a viable lodging alternative for Aspen's visitors while staying competitive with the luxury condominium type developments. Due to the fact that an expansion generally refers to a site that is currently built out that wishes to add on to its current structure, on- site parking has most likely been long established on the site with little room for additional spaces. This is certainly the case for the Mountain Chalet. The AACP indicates that much should be done to provide disincentives for visitors / commuters to Aspen to leave their cars at home. One of the main Policies of the AACP regarding transportation is: Mountain Chalet Staff Report Page 5 r-: !'~,);:;;( ~ ("'--..- :J Structure new growth in the community in compact, mixed use patterns that enable and support travel by foot, bicycle, public transportation for all types of trips. The AACP Transportation element also contains the following Goals towards this end: A. Continue to improve traveler's Aspen experience by providing local travel information at bus stops, on the Internet, through brochures, etc. Reduce travel by visitors in automobiles through support of innovative traveler services; B. Consider other innovative transportation modes; C. Provide a wide range offlexible transportation management tools and techniques to reduce single-occupant automobile use. The Applicant indicated during the Development Review Committee (DRC) meeting that he gave out a total of 9 residential parking passes to guests over the course ofthe year 2000. In addition, upon a recent site visit to the lodge during peak capacity, the sub-grade garage remained half full. The Staff has suggested to the Applicant to provide additional alternative and innovative transportation options for guests of the lodge as well as the employees living in the affordable units. It should be noted, that Staff provided the Applicant with successful alternatives proposed by the Hotel Aspen Lodge Expansion in their efforts to deal with a parking shortage associated with a lodge expansion. SUCCESSFUL PARKING ALTERNATIVES The City's Environmental Health Department indicated that the Applicant shall agree to achieve the maximum practical degree of air purity by using all available practical methods to reduce pollution. The applicant needs to implement measures that will minimize traffic increases of the development, or offset the emissions from the project with PM -10 reduction measures elsewhere. More specifically, the standards used by the Environmental Health Department to determine the number of trips generated by new development indicated the following: Using these trip generation figures coupled With reduced trip generation due to the proximity to transit, skiing and commercial facilities, and the presence of onsite employee housing, the project will generate just over 100 additional trips per day. The Environmental Health Department also indicated that the Applicant should implement traffic mitigation measures such as providing carpool/vanpool financial incentives to employees, free bus passes, vanpools, dial-a-ride service, paying for additional RFTA buses and service, private bus service for employees, limiting parking, covered and secure bike storage, or free bike fleets for residents. Whatever combination of measures the applicant chooses to mitigate PM-I0 emissions and trips generated, is acceptable as long as it prevents additional traffic that would significantly impact air quality. The City Environmental Health Department has no preference for which trip Mountain Chalet Staff Report Page 6 .1""': r ,':J n reduction measures are used, and typically an applicant chooses measures that provide an ancillary benefit to the project. STAFF SUMMARY AND RECOMMENDATION It is clear, Aspen's small lodge bed base has declined considerably within the last ten years. The City Council adopted the Lodge Preservation Program as a result of this serious reduction to allow for easier expansion of small lodges given the economic climate which caters more towards the higher end condominium units. Staff finds that the proposed Mountain Chalet lodge expansion is a very strong example of why the Lodge Preservation Program was created. This lodge expansion will allow one of Aspen's most defining small lodges to expand and maintain a competitive presence in Aspen's dynamic lodge base economy. Staff recommends the Planning and Zoning Commission approve the provision of 16 lodge preservation allotments and an exemption for the Wheeler Opera House View Plane and recommend approval to City Council for this request for the requested rezoning, minor planned unit development, GMQS exemptions for affordable housing for the Mountain Chalet with the conditions listed in the Resolution at the rear of this memorandum. RECOMMENDED MOTION "I move to approve Resolution No./}/;;, Series 2001, approving the provision of 16 Lodge Preservation allotments and an exemption for the Wheeler Opera House View Plane and recommend approval to the City Council for a rezoning, minor planned unit development, and GMQS exemptions for affordable housing and Lodge Preservation for the Mountain Chalet Lodge with the conditions placed in the resolution." . ).\ ~}iv . ATTACHMENTS (\? ~ " ~ ~ ~ 1 \1 '" ,~ \ \ \ \ ., \ ~ '" .1 JJ , ~'" ~ " ~ ~ Exhibit A: Minor Planned Unit Development Exhibit B: Rezoning Exhibit C: GMQS Exemptions Exhibit D: Mountain View Plane Exhibit E: Resolution:J..5, Series 2001 Exhibit F: Lodge Preservation Growth Summary Exhibit G: Application !\) 'f.- \n i I I I I I I I I I Mountain Chalet Staff Report Page 7 t) f""'1 EXHIBIT A REZONING 26.310.040 Standards of review. In reviewing an amendment to the official zone district map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding Staff finds that the proposed amendment is consistent with all applicable portions of the Land Use Code. The intended use. of the property is consistent with the Lodge Preservation (LP) zoning; specifically, the proposal is for the expansion of the Mountain Chalet lodge so that more lodge units and affordable employee housing nnits can be provided. Both of these uses are allowed uses in the LP Overlay Zone District. In order to accommodate the requests made in this application, the property will need to be rezoned from its current designation of L/TR to include LP and PUD overlays. The resulting zoning will be L/TRlLP/PUD. This rezoning fits exactly with the purpose of the L/TR and LP zone districts. The purpose of the L/TR zone district is "to encourage construction and renovation of lodges, in the area at the base of Aspen Mountain." Similarly, the Code describes the purpose of the LP Overlay zone district as being: To provide for and protect small lodges on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses . . . 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 Applicant proposes an expansion, which is located in the area at the base of Aspen Mountain. The Mountain Chalet has been located at its current location and used as a lodge since 1954. The LP zoning request provides incentives to enable upgrading of the existing lodge so that it can remain competitive with respect to visitor expectations that have changed since the lodge was originally constructed. The current lodging market demands "up-to-date" facilities and rooming accommodations with more space and choices. The Mountain Chalet still maintains a somewhat uniform supply of room sizes, most of which have outdated facilities. Additionally, due to highly exaggerated cost of housing in the Aspen area coupled with the increases in commuting traffic from the down valley area, the Mountain Chalet has had a difficult time finding and maintaining quality employees. The proposed on-site expansion will ensure the Mountain Chalet's continued viability as a lodge while providing on-site housing for its employees. By rezoning the property with LP and PUD Mountain Chalet Staff Report Page 8 f) (') , overlays, this expansion and upgrading of the Mountain Chalet lodge can be realized in order to allow for the continued existence of the lodge and the additional provision of affordable housing for its employees. Staff finds this standard to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. The proposed amendment is consistent with all elements of the AACP. It will allow for the expansion and continued viability of one of Aspen's few remaining locally owned and operated small lodges and the development of affordable housing for employees. The AACP states that, "It is . . . balance between all sectors ofthe community that we are striving to retain and enhance." This statement refers to a balance between "Aspen the community and Aspen the resort." By expanding this type of bed base, furthering the viability of such a small lodge, and providing affordable housing, this proposed expansion will further promote reestablishing the balance the community has been struggling to retain and enhance. Moreover, the "Growth Action Plan" is intended to "Encourage land uses, businesses and events which serve both the local community and the tourist base." This expansion of the Mountain Chalet lodge and providing affordable housing for its employees will serve the local community and the tourist base. This proposed development will further the "Intent," policies and goals of the AACP's "Transportation Action Plan." The transportation element of the AACP includes: "The community seeks to provide a balanced, integrated transportation system for residents, visitors, and commuters that reduces congestion and pollution;" "...reducing dependency on the automobile requires offering alternatives both for automobile use and storage and other means of transport;" and, "Seek to balance public and private transportation. . . by increasing the number of available transportation choices." The Mountain Chalet is located across the street from Rubey Park Transit Center and the commercial core. Free bus service is available on a regular basis to and from the airport, the three ski areas that are not within walking distance, the music tent, the Maroon Bells, and various other locations. There is no need for customers to have a vehicle at the Mountain Chalet, but for those who do rent or otherwise arrive in their cars, the thirty- seven existing spaces owned by the lodge, combined with the spaces on the surrounding streets, have proven more than adequate. By limiting the amount of available off-street parking to those spaces currently existing, guests and employees of the lodge will be encouraged to utilize these alternative means of transportation to the maximum extent practicable. Upon a recent site visit to the lodge during peak capacity, the sub-grade garage remained only half full. The "Intent" of the "Housing Action Plan," is to "Create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable." This expansion will further the intent by creating affordable employee housing that is dispersed and Mountain Chalet Staff Report Page 9 (\ j f"'""1 appropriately scaled to the neighborhood. The proposed employee housing units will be deed restricted and registered with the Aspen /Pitkin County Housing Authority to ensure their continued affordability. The design of the affordable housing units is appropriately scaled as they will be integrated with the expansion. This requested expansion is consistent with the AACP policy for the development of". . . small scale resident housing which fits the character of the community and is interspersed with free market housing... " The project site is within the original City and Townsite of Aspen. In accordance with the Lodge Preservation Overlay Zone District's encouragement of "affordable housing for employees of the lodge," the proposal promotes the following "Housing Action Plan" policies: "Encourage infill development within the existing urban area so as to . . . allow more employees will be able to live close to where they work;" and, ". . . an employer that builds affordable housing units shall have the right to designate that their employees shall have first right to those affordable units, if they meet the qualifications." The "Intent" of the "Commercial/Retail Action Plan" is to "Provide incentives for managed strategic growth by. . . small lodges." This portion of the AACP explains that, "The community must find ways to maintain these small lodges and the experience they offer to our guests." In addition, the policies of the "Commercial/Retail Action Plan," indicate the following: "Provide incentives to keep small lodge owners in operation;" and, ". . . allow for minor expansion with less mitigation required in order to maintain the small lodge inventory in the community." The proposed sixteen unit expansion is consistent with the goal of managed strategic growth by small lodges. The combination of the LP and PUD Overlays allow for mitigation at the level of incremental increases in impacts due to an expansion, and the proposed employee housing exceeds 100% of the incremental increase in employment that will be caused by the expansion. The proposed layout of the new lodge units and their architecture have been designed to be fully compatible and consistent with the current design. The philosophy of the "Design Quality" section of the AACP explains that, "Modem buildings woven throughout the traditional townsite and along the hillsides create an eclectic design quality that contributes to the small-town uniqueness of our community." The architecture of the existing Mountain Chalet lodge has been described as "Swiss/Mountain Chalet," and it is one of the structures that contributes to the eclectic design quality and small-town uniqueness of Aspen. The expansion will maintain and enhance this design quality in the area at the base of Aspen Mountain. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. The subject site is surrounded to the south and the west by Lot 1 of the Aspen Mountain PUD (AMPUD), which maintains a zoning of L- TR/PUD. The properties to the east, northeast, and north are zoned park, public, and park, respectively. This request will result in the project site being zoned Lodge-Tourist Residential with Lodge Preservation Mountain Chalet Staff Report Page 10 ~ ~ and Planned Unit Development overlays (L/TRlLP/PUD). The underlying L/TR zoning will remain consistent with the neighboring, adjacent properties to the south, west, and northwest. Surrounding land uses include a mix of lodges, retail shops, parks and recreation facilities, bars and restaurants, transportation facilities, and duplex, single-, and multi-family residential. In comparison with other neighborhoods, the subject area is densely developed. Staff finds the proposed amendment is fully compatible with surrounding land uses, zone districts, and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. The rezoning itself will not effect traffic generation or road safety. However, the lodge expansion enabled by the rezoning, will effect traffic generation creating a maximum of 100 additional trips per day according to the Environmental Health Department's analysis. However, this slight increase will be positively affected by the immediate proximity to the Rubey Park Transit Center, skiing, and the commercial core. The increase of vehicle trips over existing conditions for the site will have a negligible impact on surrounding streets. It appears that the surrounding streets can adequately and safely handle the impacts ofthe proposed development, and no improvements to the adjacent streets are required as a direct result ofthe additional traffic volumes that may result from the proposed expansion. By limiting the amount of available off-street parking to those spaces currently existing, guests and employees of the lodge will be encouraged to utilize alternative means of transportation to the maximum extent practicable. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medicalfacilities. The proposed rezoning will not affect infrastructure or infrastructure capacities. With regard to future plans for the property under the proposed L- TRlLP/PUD zoning, adequate water supply and pressure is available to serve the proposed project without additional upgrades to the City's treatment and distribution systems. Fire protection provided by existing hydrants will be adequate and will not be affeCted or interrupted by development. The Applicant is required to install sprinkler systems the entire building. Treatment capacity is available from the Aspen Consolidated Sanitation District (AS CD) to serve the additional demand associated with the proposed project. Historic drainage patterns and rates will be maintained (via the installation of roof drains, downspouts, and dry wells) due to the fact that the amount of impervious spaces will not increase as a result of this expansion. Impacts on parks and schools will be minimal as most of the development is comprised of tourist accommodations. Only five affordable l-bedroom dwelling units are proposed, and these will have little affect on schools or parks; they will contain only one bedroom each and be used by employees of the lodge. There are several parks located immediately Mountain Chalet Staff Report Page II ,......" ^ , across the street. Paepke and Bass Parks are both just a few blocks to the north. These parks provide adequate capacity to adequately serve the proposed development. The roads serving the project site are currently plowed and maintained by the City of Aspen. The site is located ona public street, making it easily accessible for emergency medical and fire protection services. The introduction of sixteen new lodging units and three affordable housing units will not result in demands exceeding the capacity of any public facilities or services. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. This proposed rezoning will not affect the natural environment. The site is already developed and located in a densely developed area. The expansion will not result in any additional land consumption as the slight expansion of the building footprint will involve already developed lands. The property will continue to be served by public water and sanitary sewer systems, and historic drainage patterns will be maintained. The availability of public transportation will help to reduce dependency on individual automobile use by the guests and employees of the lodge, in turn, significantly reducing the project's PMIO generation and affects on air quality. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. This rezoning will not be inconsistent or incompatible with Aspen's community character. In fact, this rezoning enables application for the expansion of the Mountain Chalet lodge which is consistent with the community character as indicated above. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. It is clear, Aspen's small lodge bed base has declined considerably within the last ten years. The City Council adopted the Lodge Preservation Program as a result of this serious reduction to allow for easier expansion of small lodges given the economic climate which caters more towards the higher end condominium units. In the last ten years, a total of264 lodge rooms have been added/constructed while Community Development Department records indicate 317 units have been lost since the start of the 1990s. This proposed amendment is a good step toward counteracting the trend ofthe 1990s resulting in significant losses to Aspen's small lodge and economy/ moderately- priced tourist bed base. Mountain Chalet Staff Report I I I Page 12 r') r') I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. The proposed amendment is in harmony with the public interest as well as the purpose and intent of the Land Use Code. The "Purpose" of the Lodge Preservation Overlay zone includes providing "an incentive for upgrading existing lodges on-site or onto adjacent properties." The LP rezoning will enable the on-site expansion and upgrading of the Mountain Chalet. Therefore, the proposed amendment is in harmony with the purpose and intent of the Regulations and the Lodge Preservation zoning. In addition, it has been repeatedly recognized that the provision of housing for employees in Pitkin County and Aspen is in the public interest and is in harmony with the purpose and intent of the Regulations. I I I I , Mountain Chalet Staff Report I , I Page 13 __-1, t) t) EXHIBIT B MINOR PLANNED UNIT DEVELOPMENT Review Standards: Minor Planned Unit Development. A development application for Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with 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 Please refer to Rezoning (Criterion B) of this Memorandum . 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding Please refer to Rezoning (Criterion C) of this Memorandum. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding With the exception of an increase in traffic generation that the applicant will further mitigate for, the proposed development will not adversely affect the future development of the surrounding area. The surrounding properties are essentially built out. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The Applicant is aware that a total of twenty-nine LP tourist accommodation allotments are currently available. This proposal requires 16 LP allotments. Pursuant to Section 26.470.070(1) of the Land Use Code, the five proposed affordable housing units are exempt from the GMQS scoring and competition procedures. I I I I ~ Mountain Chalet Staff Report Page 14 ,0 "'"' , As a matter of process, the Planning and Zoning Commission decides whether or not to grant the sixteen requested LP allotments. The GMQS Exemptions for the five affordable housing units will be decided by City Council during its review of the Minor PUD. Therefore, in accord with the requirements of this standard, all GMQS allotments and exemptions needed to accommodate the proposed development will be considered in combination with this PUD development plan review. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below and shall comply with the following: Dimensional Requirements Comparison (units measured in feet or square feet) 18,750 See Minimum lot area per One lodge unit One lodge unit per 245 sq. 340 per sq. ft. of dwelling unit lot size ft. oflot size 60 feet 125 feet 60 feet 10 feet 2 feet As per the PUD Plan 5 feet o feet As per the PUD Plan 10 feet 20 feet 10 feet Not regulated Not Regulated No Requirement 28 feet 36 feet As per the PUD Plan 10 feet N/A 10 feet 25% Approximately As per the PUD Plan 11% Not Regulated 7.5' x 6' As per the PUD Plan Rental space limited to a max. of 0.5:1, which can be increased to 0.75:1 ifatleast33113%ofthe additional FAR is approved for Has not been As per the PUD Plan residential use restricted to AH for determined employees of the lodge; non-unit space must account for no less than 0.25: I 0.7 spaces per two bedroom unit; I 0.67 spaces for 0.49 spaces per bedroom space per one bedroom unit 55 bedrooms (37 spaces for 76 bedrooms) 'Setbacks and height vary in the development program. The specific dimensions included in the approved PUD plan define these dimensional standards. . Mountain Chalet Staff Report Page 15 ,~ ~ /"""I, 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 expectedfuture land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding There are no known natural or man-made hazards affecting the project site. There are no waterways affecting the project site or surrounding area. Given the location of the site, it is subject to the same solar access patterns as the majority of downtown Aspen (i.e., morning and afternoon sun until the sun begins setting behind the ridge of Shadow Mountain). The angle of this solar access results in shadows cast almost exclusively on the property itself, with very little shadowing on the public right-of-way. This helps to minimize the development's impacts relative to icing of the street and the sidewalk; that is, very little change with respect to existing shadowing and icing is expected as a result of the expansion. The existing vegetation on the project site is sparse, consisting mainly of that which has been planted within the various planter boxes. It is the Applicant's intention to remove and replace only those trees within the planters that have caliper measurements of less than four inches. All other trees are to remain. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The Applicant proposes increasing the height to accommodate a fourth and fifth floor that is in keeping with the current architecture that has helped to define the Mountain Chalet today. This PUD will allow primarily for the ability to set the parking requirements and height requirements as discussed in this memorandum. Neither the site coverage nor the open space conditions of the site will change from those which currently exist. The massing and scale of the proposed development is consistent with that of the surrounding neighborhood. The expanded structure will provide for a more appropriate and complete backdrop to Wagner Park. This will better help to define the edge of the commercial core and the start of the Aspen Mountain base area neighborhood. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: Mountain Chalet Staff Report Page 16 __ __.,Ji ("'\ :1 A a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The Land Use Code requires 0.7 parking spaces per lodge bedroom unless otherwise established via this standard. A total of 3 7 off-street parking spaces are proposed on the project site (no change). Moreover, the commercial core (one block), the Rubey Park Transit Center (across the street), and Aspen Mountain (1.5 blocks) are all within easy walking distance. Limiting the amount of available off-street parking to those spaces currently existing will serve as a disincentive, encouraging guests and employees of the lodge to utilize alternative means of transportation to the maximum extent practicable, thereby forwarding the community goals expressed in the AACP. However, Staff believes that the Applicant should designate five spaces for the affordable housing units in accordance with the Housing Office's suggestion of 3 to 5 spaces. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The project site benefits from sufficient infrastructure capabilities to serve the proposed development and, therefore, no density reductions are necessary. As a result of the DRC meeting with various referral agencies, all utilities are available to the site and the existing capacities are adequate to accommodate the proposed density. Durant Avenue and South Mill Street are City of Aspen public rights-of-way and, as such, are already plowed and maintained by the City of Aspen. Vacated Dean Street is plowed by the St. Regis Hotel in exchange for the Mountain Chalet's commitment to provide maintenance (i.e., chip sealing in the summer); the two hotels maintain an agreement to this effect. The Aspen Fire District station is a three blocks from the project site, and the Mountain Chalet which is served with ample existing hydrants and is located within the fire protection district. j I I i I I I Mountain Chalet Staff Report Page 17 f""'1 ~ )' 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rockfalls 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 harniful disturbance to critical natural features of the site. Staff Finding The project site is suitable for the proposed development. It is already developed and the proposed expansion will not consume much additional land. It is essentially flat, and all of its area is within the slope classification category of 0-20%. As a result, very little addition impervious surfaces will be created on the property and only minimal impacts to the existing drainage conditions will result. Historic drainage rates will be maintained via the installation of an engineered roof drain, downspout and dry well system. Thus, the proposed development will not be detrimental to the natural watershed and will not result in water pollution. No wood burning devices will be installed. Further, the development will encourage the use of alternative means of transportation such as the buses to/from Rubey Park and walking. This will help to limit the amount ofPM-lO generation attributable to the development. Regardless, the applicant will be required to comply with all requirements of the Environmental Health Department in connection with the issuance of building permits, and this will ensure that affects on air quality are addressed. No additional driveways, roads, or trails are proposed on the project site. There are no critical natural features on the site, and site disturbance will be kept to the minimum required for construction. 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 Mountain Chalet Staff Report Page 18 t"") r1 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 maximum allowable density in the underlying L/TR zone district is regulated via minimum lot area per dwelling unit; otherwise, it is not specifically regulated at all for allowed uses such as lodges. The proposed dimensional requirements, will allow one lodge or residential bedroom per 245 square feet of lot size. The discussion regarding the proposal's consistency with the goals and objectives of the AACP clearly demonstrates that the project will serve to advance many goals of the community, not the least of which address small lodges and affordable housing. Also, as demonstrated in response to the two previous criteria, the site is physically capable of supporting the proposed density. Finally, the proposed development will be compatible with and complimentary to the existing and expected surrounding development patterns, land uses, and characteristics. 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 thefollowing: 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 site does not presently contain any unique natural or man-made features that provide visual interest or a specific reference to the past, but Wagner Park and the Silver Circle Ice Rink are both located directly across the street from the subject property. The Mountain Chalet will maintain its existing street orientations and architectural style. As the proposed elevations demonstrate, the building will continue to exhibit and provide a strong example of the Mountain Chalet style. The roof pitches will be maintained, as will the patterns created by the horizontal wood siding, balconies and shutters. The "Chalet" style detailing will be continued onto the redeveloped east wing as well as the new fourth and fifth floors. The perceived mass will be broken up by the inclusion of several gable ends, many balconies, and a change in exterior building materials between the lower and upper floors. The peak ridge height is reached in only two small areas that are set back in the center of the structure. The structure's height will be significantly less from the Dean Street side Mountain Chalet Staff Report Page 19 1"'\ i"""1 due to the higher grade existing on the south side. Designated and protected view planes from the Wheeler Opera House will not be affected, and views from the commercial core to Aspen Mountain will not be compromised. In fact, only the north St. Regis facade will be obstructed. Further, the proposed overall height of the Mountain Chalet will be similar to, but still lower than that of the St. Regis. Moreover, the heights proposed herein will be perceived as significantly lower than the height ofthe St. Regis and the hotel proposed for replacement of the Grand Aspen since both of these sites are located substantially higher up the hillside created by the base of Aspen Mountain. The existing Mountain Chalet lodge was constructed in multiple (11) phases over a period spanning some forty-one years. As a result, the existing design is somewhat disjointed, with a four story west wing next to a two and one-half (2.5) story center and east wing. Architectural detailing is not consistent on all sides. The completed expansion will provide an overall balance to the structure. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding Only one structure exists on the property and no additional structures are proposed. The peak ridge height of the expansion is clustered into only two small areas that are set back in the center of the structure. Please refer to the response provided for the previous standard for greater elaboration on the proposal's effect on vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding Please refer to the response provided for standard C.l., above. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding The site is surrounded on two of its four sides by public rights-of-way, and by a private street on its third side. Emergency vehicle access will continue as is, primarily from Durant Avenue and vacated Dean Street. The structure is and will continue to be accessible for fire protection. Service and delivery vehicles will continue to use the existing loading areas on vacated Dean Street and Durant A venue. The trash area will remain in its current location, just off South Mill Street at the top of the garage ramp. 5. Adequate pedestrian and handicapped access is provided. Mountain Chalet Staff Report Page 20 ~ ~ Staff Finding The existing detached sidewalks will be maintained around the structure's east, north and south sides. All sidewalks will remain in their current configurations, except the Durant A venue sidewalk will be improved as part of the development's third phase in order to provide a level grade. The improvement of the Durant Avenue sidewalk will greatly help with handicap access. The handicap accessible ramp along the side of the garage ramp will be rebuilt as part of the expansion and will continue to comply with ADA specifications. The elevator access to the upper levels will be maintained throughout the expansion processes. The two handicap accessible rooms (units 108 and 110) will continue to comply with ADA specifications. 6. Site drainage is accommodatedfor the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The project site is already developed and the proposed expansion will consume very little additional land. Therefore, only minimal additional impervious surfaces will be created on the property and, only minimal impacts to the existing drainage conditions will result. Regardless, an engineered roof drain, downspout and dry well system will be installed to ensure that no drainage related impacts will be felt on surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding There are no detached buildings to accommodate spaces between. No new outdoor programmatic functions are associated with the proposed development. The existing courtyard areas will be maintained. 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 There is currently very little landscaping on the property as it is mostly built out to the lot lines with the lodge structure itself except for several planters and a large tree located in Mountain Chalet Staff Report Page 21 f""'\ ~ front of the Mountain Chalet. To date, no landscaping plan has been submitted and for practical reasons, is unnecessary in the subject case. The Applicant intends to replace all existing trees located in planter boxes and having caliper measurements of less than four inches. Otherwise, all existing plllI1tings will be maintained and no additional plantings are currently proposed. 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. Staff Finding Please refer to the response provided for the previous standard. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding For any trees to be protected or otherwise requiring protection, the applicants propose the following methods of ensuring their protection. Prior to construction, all trees to be protected will have orange protective barrier fencing erected which, as a minimum, will be supported by l' x I' or similar sturdy stock for shielding of protected trees no closer than six feet from the trunk or one-half (1/2) the distance of the drip line, whichever is greater. Within this protection zone, there will not be any movement of equipment or storage of equipment, materials, debris, fill, or cut unless approved by the City Forester. During the construction stage, the developer will prevent cleaning of materials or equipment, or the storage or disposal of waste materials such as paints, oils, solvents, asphalt, concrete, mortar, or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. If these methods are deemed by the City Forester as nnsatisfactory or in need of supplementation, the applicant is willing to work with him to arrive at an acceptable plan. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other aUributes 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: Mountain Chalet Staff Report Page 22 11"""\. r\ ,.. i 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 existing Mountain Chalet lodge was constructed in eleven phases over some forty- one years. As a result, the existing design is somewhat disjointed, with a four story west wing next to a two and one-half (2.5) story center and east wing. Architectural detailing is not consistent on all sides. The completed expansion will provide an overall balance to the structure. The expanded structure will provide for a more appropriate and complete backdrop to Wagner Park. The "Design Quality and Historic Preservation" element of the AACP is intended to "Ensure the maintenance of character through design quality and compatibility with historic features." The architecture of the existing Mountain Chalet lodge has been described as, appropriately enough, "Swiss/Mountain Chalet," and it is one of the structures that contributes to the eclectic design quality and small-town uniqueness of Aspen. The expansion will maintain and enhance this design quality in the area at the base of Aspen Mountain. The proposed layout of the new lodge units and their architecture have been specifically designed to be fully compatible and consistent with the existing design. This will ensure that the architecture represents a character suitable for and indicative of the intended use. 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 There is an existing, outdoor swimming pool and hot tub, both of which are partially heated with power generated from the six solar collectors on the roof ofthe building's east wing. If practical, the Applicant intends to reinstaU the existing solar panels or replace them with new ones after the expansion is completed. The reinstalled or replaced solar panels would be moved to the center portion of the building, facing Dean Street in order to make them less visible from the surrounding public streets and sidewalks. All existing and created sub-grade spaces benefit from natural cooling. 3. accommodate the storage and shedding of snow, ice, and water in a slife and appropriate manner that does not require significant maintenance. Staff Finding The functions described in this standard are already accommodated by the existing lodge and will continue to be facilitated in the same manners as presently employed. F. Lighting. Mountain Chalet Staff Report Page 23 o r"; \ } 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 intetference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding No exterior lighting beyond that currently existing is proposed. Nevertheless, the development will comply with Section 26.575.150, Outdoor Lighting, of the Regulations, and specifically with Section 26.575.150(E), Non-Residential Lighting Standards (including mixed use projects). Compliance with said section will ensure consistency with this PUD review standard. No lighting of site features or structures is proposed, and no lighting will cause direct glare on or hazardous interference of adjoining streets or lands. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding Please refer to the narrative provided in response to the previous standard. G. Common Park, Open Space, or Recreation Area. Ifthe proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's builtform, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding No designated parks, open spaces, or recreation areas are proposed as part of the PUD, rendering this standard inapplicable. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (notfor a number of years) to each lot or Mountain Chalet Staff Report Page 24 ^ ! r--. ~ J dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding No common park or recreation areas are proposed. 3. There is proposed an adequate assurance through a legal instrumentfor the permanent care and maintenance of open spaces, recreation areas, and sharedfacilities together with a deed restriction againstfuture residential, commercial, or industrial development. Staff Finding No such areas are proposed; thus, there is no need for a deed restriction against future residential, commercial, or industrial development. 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 thefollowing: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Connections to public water and sewer will be made and the respective capacity of these services will not be exceeded. Historic drainage patterns and rates will be maintained. Impacts on parks and schools will be minimal as most of the development is comprised of tourist accommodations. Only three affordable studio dwelling units and two affordable one-bedroom dwelling units are proposed for use by employees of the lodge, and these will have negligible affects on schools and parks. Given the one bedroom or smaller size of these units, it is not at all likely that school age children will be living on site. Park lands are plentiful in the neighborhood, with Wagner Park, Bass Park, Paepke Park, and the Silver Circle Ice Rink all located nearby. These parks and Aspen Mountain all maintain more than enough capacity to adequately serve the proposed development. The roads serving the project site are already plowed and maintained by the City of Aspen. The site is located on a public street, making it easily accessible for emergency medical services and fire protection. The introduction of sixteen new lodging units and three affordable housing units will not result in demands exceeding the capacity of any public facilities or services. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Mountain Chalet Staff Report Page 25 r"1 ~ \, ",j Staff Finding While no adverse impacts on public infrastructure are anticipated, the Applicants have agreed to bear the costs of any necessary connections, upgrades, and line extensions. Pursuant to Section 26.610.020 of the Regulations, park development impact fees for the new lodge bedrooms (but not the affordable housing bedrooms) will be due at the time of building permit issuance. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the adduionalilnprovelnent Staff Finding It is not believed that any over-sizing of utilities will be necessary, but if such should be required, the applicant will be glad to be reimbursed. In the event that utilities have been oversized in connection with other developments in the area and an agreement for reimbursement is in place, the applicants will pay their proportionate reimbursement fees for connection to such facilities. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding Each unit of the proposed PUD will have direct access to the adjacent streets via the various exits from the lodge. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding As mentioned above in prior sections of this memorandum, the proposed development will not create traffic congestion on the roads surrounding the property. The property is surrounded by streets on three of its four sides. The surrounding streets can accommodate the proposed development without any need for further improvement. Mountain Chalet Staff Report Page 26 1"""1 () J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. Staff Finding The applicants propose three separate phases to complete the development of the PUD. The division of construction into three separate phases is necessary for the Applicants' ability to finance the project. Phase one involves fourth and fifth floor additions in the central portion of the structure. The phase one addition will accommodate the development of eight new lodge units on the fourth floor and a new lounge on the fifth floor. Phase two includes the demolition of the building's existing two and one-half (2.5) story eastern wing and its redevelopment with four stories oflodge rooms and sub-grade/garden level employee housing. The phase two eastern wing will house. seven new lodge units on each of its four floors, as well as five employee dwelling units in the sub-grade/garden level space. Phase three will involve only the remodeling ofthe lobby and common area spaces on the first and second floors, and improvement of the Durant A venue sidewalks. Each of the first two phases will function independently, as a complete development when concluded. All necessary facilities and staff are already in place and will be maintained throughout the various phases of development. When phase one is completed, the lodge will function as normal. Phase two will be a bit more disruptive to operation, but since it involves a distinct wing of the lodge, the unaffected portions will be able to go on operating as usual. Phase three will require some interim measures, all of which will be easily accommodated within the existing structure and during the off season. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. Staff Finding Potential occupants ofthe initial phases will be made aware of when subsequent construction phases will commence, and will have the choice of whether or not to use the affected unites). 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, Mountain Chalet Staff Report Page 27 f") r; construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The proposed phasing plan will be described in detail and guaranteed via the PUD Agreement. The only applicable impact fees will be those associated with Parks, and said fees are required, and guaranteed, at the time of building permit issuance. Building permit and PUD Agreement requirements will also guarantee any necessary improvements to public facilities. As discussed, the Applicant shall provide for employee generation for Phase I by deed restricting rooms at the Kitzbuhel Lodge until Certification of Occupancies are provided for the five employee units in Phase 2. Specifically, it is proposed that a one-bedroom unit in the Kitzbuhel Lodge, owned by the applicant, will be temporarily deed restricted to mitigate for the minor employee generation impacts attributable to the phase one expansion. Mountain Chalet Staff Report Page 28 t"; .") EXHIBIT C GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS 26.070.070(J) Affordable housing. All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt. The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. Staff Finding Section 26.470.070(M) defines, authorizes, and regulates the process for exempting certain types of development in the Lodge Preservation (LP) Overlay Zone District from the competition and scoring procedures of the Growth Management Quota System (GMQS). According to said Section, development of properties zoned with an LP overlay to increase the number of lodge units and the number of affordable housing units shall be exempted from the GMQS scoring and competition procedures, provided that the Planning and Zoning Commission determines, at a public hearing, that the following criteria are met. (1) The proposed development is consistent with the Aspen Area Community Plan. Please refer to the response provided for the same standard under the Rezoning portion of this memorandum, above. (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. With regard to the proposed development's compatibility with the character of existing land uses in the surrounding area, please refer to the response provided for standard "C." of the Rezoning portion of this memorandum, above. In general, please refer to the Rezoning portion of this memorandum. The "Purpose" of the LP Overlay Zone District is to "provide for and protect smaUlodge uses ... to permit redevelopment of these properties to accommodate lodge and affordable housing uses, to provide uses accessory and normally associated with lodge and affordable housing development, to encourage development which is compatible with the Mountain Chalet Staff Report Page 29 r., ~ neighborhood... and to provide an incentive for upgrading existing lodges on-site or onto adjacent properties." The proposed lodge expansion and affordable housing development is being sought specifically to protect the future ofthe Mountain Chalet and its small lodge use. The proposed development's compatibility with the neighborhood has been addressed above, and the proposal involves the upgrading of an existing lodge on- site. Therefore, the proposed development is fully compatible with the purpose of the LP Overlay Zone District. (3) Employee housing or cash-in-lieu will be provided to mitigate for additional employees generated by the development or to mitigate for the demolition of multi- family housing, as required by section 26.530. This shall include an analysis and creditfor 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 consideredfor this standard. No multi-family housing units will be demolished. The new lodge units will be operated as part of the Mountain Chalet, under the same management and using the existing facilities and employees. In accordance with the above standard, employee generation impacts are to be reviewed on the basis of incremental change. The Housing Office has used a generation factor of 0.4 employees per lodge room to evaluate the expected employee housing needs of lodge expansion proposals, and requiring that 60% of the employees generated be provided with deed restricted affordable housing. Such as in the evaluation of the Hotel Aspen expansion. With the 0.4 employees per room factor, the mitigation requirement was still established based on a need to house 60% of the employees theoretically generated. The proposed expansion will theoretically generate 6.4 new employees (16 x 0.4). With a requirement to provide housing for 60% of the employees generated, the development will need to house 3.84 employees (6.4 x 60%). The Applicant has proposed housing for much more than 60% the incremental increase in employment that will theoretically result from the proposed expansion, even using the higher standard of 0.4 employees generated per lodge room. That is, three studio employee housing units and two one-bedroom employee housing units are proposed as part of the redeveloped east wing. Given their location within the lodge and the proximity to customers, the deed restricted units will be rented to employees of the Mountain Chalet only. Also because of these considerations, the units will in no case be sold to employees for fear that the buyer could then resign from working for the lodge but still own an apartment therein. This is consistent with the recent approvals granted to the Hotel Aspen. All five of the new employee units will be deed restricted in accordance with the Housing Guidelines, providing credit for housing 1.75 employees per one-bedroom unit and 1.25 employees per studio unit. This means the applicant will be providing new housing for a Mountain Chalet Staff Report Page 30 I"">! (') total of 7.25 employees ([1.75 x 2] + [1.25 x 3]). The provided housing equates to over 117% of the employees generated by the expansion, or approximately double the amount of housing required. Based on size, the Housing Guidelines would typically require that Employee Apartments 1,2,3, and 4 be deed restricted to the Category I or 2 level, while Employee Apartment 5 be deed restricted to the Category 3 or 4 level. Such limited restrictions would be too confining for the subject case. Instead, the category designation for each ofthese nnits needs to accommodate the salary levels of the Mountain Chalet lodge employees who need to be housed. Therefore, the Applicant requests that it have the ability to, from time to time, adjust the categories as necessary to accommodate the income levels of the employees to be housed. This, too, is consistent with the recent approvals granted to the Hotel Aspen. Regardless of the time-to-time category designations, rental of the units will comply with the APCHA minimum lease requirements. The Applicant also owns and maintains twelve units (with sixteen bedrooms) in the Kitzbuhel Lodge which is currently used to house many of his employees. These units are not deed restricted, nor are they being offered as a means of meeting any permanent housing requirements associated with the expansion proposed herein; however, these units will continue to be available to employees of the Mountain Chalet, including any generated by its expansion. Recognizing that the proposed employee housing units will be built in the second phase of the expansion, the applicant is prepared to mitigate the incremental employee generation attributable to phase one of the proposal by temporarily deed restricting a one- bedroom unit in the Kitzbuhel Lodge. Phase one involves the addition of eight new lodge units. The Applicant proposes, and APCHA agrees, that a one-bedroom unit at the Kitzbuhel Lodge be deed restricted in a manner consistent with the terms described above with the caveat that the deed restriction be permanently dissolved when a certificate of occupancy is issued for the on-site housing to be developed during phase two of the Mountain Chalet expansion. (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. The Land Use Code requires 0.7 parking spaces per lodge bedroom unless otherwise established via PUD review. In the subject case, the number of required parking spaces for the proposed lodge and affordable housing uses need to be established pursuant to Section 26.445, as part of the PUD review. Parking for the existing lodge is located primarily below grade in a garage. Access to the sub-grade parking garage is gained via a ramp off South Mill Street. The vacated Dean Street right-of-way serves as access to the St. Regis Hotel and as a loading/unloading area Mountain Chalet Staff Report Page 31 f*"\ (') for the Mountain Chalet. There is also parking for four vehicles and two loading area spaces, all of which serve the Mountain Chalet and are located in a designated area off the vacated Dean Street right-of-way. Another loading area space for the Mountain Chalet is designated in front of the lodge, on Durant Avenue. Additional on-street parking is available to the public on Durant A venue. In total, the lodge maintains thirty-seven off- street parking spaces and three loading spaces. Vehicular access to parking for the Mountain Chalet will continue to be gained via the parking garage entrance ramp off South Mill Street. The loading areas on vacated Dean Street and Durant Avenue will continue to exist in their current condition, as will the diagonal parking area on Dean Street. All sidewalks will remain in their current configurations, except the Durant A venue sidewalk will be improved as part of the development's third phase in order to provide a level grade. As mentioned earlier, the Mountain Chalet's thirty-seven existing off-street parking spaces for its fifty-five lodge bedrooms, results in an off-street parking to lodge bedroom ratio of 0.67 spaces per lodge bedroom. This ratio decreases only slightly to 0.52 spaces per lodge bedroom with the proposed addition of sixteen new lodge units, and to 0.49 when the five employee housing units are included. The Applicant proposes no additional off-street parking. The Applicants believe the 0.49 spaces per bedroom (including employee housing) will prove to be more than adequate, particularly in consideration of the following. The subject site is conveniently located with respect to downtown, event forums (music concerts), and transit. To employ the same parking to bedroom ratio as would be used for hotels such as the St. Regis (with its restaurants, multiple bars, convention facilities, salons, etc.) or the Inn at Aspen (located at the base of Buttermilk) is difficult. Staff agrees that the need for off-street parking is largely alleviated by the Mountain Chalet's location, which is across the street from both the Rubey Park Transit Center and the commercial core. Free bus service is available on a regular basis to and from the airport, the three ski areas that are not within walking distance, the music tent, the Maroon Bells, and various other locations. There is no need for customers to have a vehicle at the Mountain Chalet, but for those who do rent or otherwise arrive in their cars, the thirty-seven existing spaces owned by the lodge, combined with the ability to issue residential parking permits for nearby spaces and the existence of hundreds of spaces on the surrounding streets, have and will continue to prove more than adequate. In addition, residential parking permits are available through the City for employees of the lodge as well. The proposed expansion is occurring almost completely in an upward direction. This is because the existing structure occupies almost all of the land area available on the property. As demonstrated above, the proposed expansion is in complete harmony with Mountain Chalet Staff Report Page 32 1"""'\, t} the purpose of the Lodge Preservation zone district, and the main goal of the LP program was to enable and ensure the continued viability of Aspen's small lodges by providing the ability to expand. Surely, the ability to protect Aspen's small lodges was never intended to be directly limited by the ability to provide off-street parking. It should be stated that AACP seeks to limit the dependency of Aspen's residents and guests on the automobile and suggests that disincentives to the use of automobiles be implemented as a means of furthering this goal. (5) There exists sufficient GMQS allotments to accommodate the proposed development and the allotments are deductedfrom the respective Annual Development Allotment and Metro Area Development Ceilings established pursuant to Section 26.470.050. There are currently a total of twenty-nine LP tourist accommodation allotments are currently available. The proposed development requires only sixteen LP tourist accommodation allocations. Therefore, there are more than enough allotments available to accommodate the proposed development. Pursuant to Section 26.470.070(1) of the Regulations, the three proposed affordable housing units are exempt from the GMQS scoring and competition procedures. 2. Section 26.470.070(J), Affordable Housing GMQS Exemption Section 26.470.070(J) of the Regulations provides that, "All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt [from the GMQS scoring and competition procedures]." Review is by City Council. The section goes on to state that, The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. The City is certainly in need of affordable housing, not only to mitigate the proposed development, but to help meet the shortfall of affordable housing available throughout the community. The proposed development complies with the "Aspen/Pitkin County 1999 Affordable Housing Guidelines." Five employee dwelling units are proposed on the project site, as described in the foregoing. Each unit will be deed restricted on a case-by- case basis to match the income level of the lodge employee to be housed. For more elaboration of the proposed employee housing, please refer to the narrative provided in response to standard 3 of Section 26.470.070(M), above. Mountain Chalet Staff Report Page 33 ~ (') EXHIBIT D MOUNTAIN VIEW PLANE Section 26.435.01O(C) of the Code provides that development within designated mountain view planes is subject to heightened review so as to protect certain mountain views from obstruction, strengthen the environmental and aesthetic character of the City, maintain property values, and enhance the City's tourist industry by maintaining the City's heritage as a mountain community. The view planes originating from the above mentioned locales are described to project in a manner which would require a surveyor to determine true applicability. The applicant has not hired a surveyor to make such a determination. Nevertheless, the Applicant has responded to the applicable code sections and concedes that mountain view plan review may apply pursuant to Section 26.435.050 of the Code; This section states that, "No development shall be permitted within a mountain view plane unless the Planning and Zoning Commission makes a determination that the proposed development complies with all of the requirements set forth below." 1. No mountain view plane is infringed upon, except as provided in Section 26.435.050(Q(2). [Note: no such Section exists in the Code; presumably the citation is meant to refer to Section 26.435.050(B), Exemption.] When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height otherwise provided for in this title, development shall proceed according to the provisions of Chapter 26.445 as a planned unit development, so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space, and similarly to permit variations in lot area, lot width, yard and building height requirements, view plane height limitations. The Planning and Zoning Commission may exempt any developer from the above enumerated requirements whenever it is determined that the view plane does not so effect the parcel as to require application of PUD or that the effects of the view plane may be otherwise accommodated. When any proposed development infringes upon a designated view plane, but is located in front of another development which already blocks the same view plane, the Planning and Zoning Commission shall consider whether or not the proposed development will further infringe upon the view plane, and the likelihood that redevelopment of the atijacent structure will occur to re-open the view plane. In the event the proposed development does not further infringe upon the view plane, and redevelopment to re-open the view plane cannot be anticipated, the Planning and Zoning Commission shall approve the development. Mountain Chalet Staff Report Page 34 ~ "-,, It is not absolutely clear whether the proposed development will infringe upon the designated mountain view planes. This proposal seeks to use the PUD process to establish the maximum allowable height. The fifth floor portion of the addition occurs in only two small areas that are set back in the center of the structure; otherwise, the predominant form of the building will have a height closely approximating the existing height ofthe structure's west wing. The protected and designated view plane of the Wheeler Opera House will not be at all affected by the proposed expansions, nor will views from the commercial core to Aspen Mountain be compromised. Virtually, only the north St. Regis fa9ade will be obstructed. The proposed overall height of the Mountain Chalet will be similar to, but still lower than, that of the St. Regis. Furthermore, the heights proposed herein will be perceived as significantly lower than the height of the St. Regis and the hotel proposed for replacement of the Grand Aspen since both of these sites are located substantially higher up the hillside created by the base of Aspen Mountain. The proposed development is located immediately in front of another development (the St. Regis Hotel). The height of the St. Regis Hotel is such that its upper portions will still be visible from the points of origin associated with the view planes even after construction of the proposed Mountain Chalet expansion. Consequently, the proposed development will in no way further infringe upon the view planes than already done by the St. Regis Hotel and is therefore exempt. j I j i ;~ Mountain Chalet Staff Report Page 35 ~ \l ("J _ ! NO peJ\NI,nNG, t4~AS/~p... () \-\-C C; 11~ June \5, 200\ 1M. rreli Jannan j\.s~en Cit)' l'\anner \30 south Ga\ena Street ""'" CO ,,6\ \ .. .'" '" S.bd""',n ",'0'. . Chalet j\.~~\lcat\on, ReC\: "" Md'''''''' '0 ,h' "" oun"''' .. p"" ,,,", . . . "'...\ ,n """,,"" '" "" . ~ '0' ",bd\~"oO '" . "0"," h" .<'" ,,"" _,,~ ",,' 4""~,oo '" ,0' ~, ,~"', ,h' Cu,. 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""'0,,,""" 00 ,.." \9- . . with the MCl' haS een 'the ~ro~osa\' s conslstenc'j 22 otthe a~~\icatiOn bOO\<.. . . h h character of existing . .. shall be consIstent WIt t e The proposed subdIVISIOn b """ ,,~ '" ,,. "" ' ",,,, ,h to oseli lie"e\o~rnen . . ",a _,~\b\l\\' 0' ," );, , ", ,,,,,,,-'" 'N"""'" 'the cons1stenc)' . t'^e orea haS been SUll1C1el\; A A A A5 .' \ nli uses 1n ." ~ 1 ^5 ^\', all"""'" . ,,,,,,,,~ 0' "',.", ' , '" oo,,d, 00 ",., 22, 2 " -, . ",,,,,,,,,,,,,o,on\<' ,0' " "" fi'w" "''"'' ,." d subdiVision shall not adverselY a))eC c. The propose surrounding areas. 01"....00 . 6\ 6\ ~Q""~ S\J\'IO \06 . ...51"10\"01. cO\... ~5 1395. S' ",-", . f ...'J.... (910) 9<- . \"01. l'A\\...\... . '91'0) 92.5.16\9 ~'-'O\"ollO. , -------- whic) land "- Option the' . b lSSua . ased ' De On partrnen standar The ft not h .ds. If esItat Yt age. e to Cc Irs trul 'L Y, and l' ~. 1ann' 1\ II)! -:;; ) ;L-/ AIel' pal 'iIle M: , t Ch . aJ ~,,\ t"1 (j RESOLUTION NO. 25 (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE PROVISION OF l(iLODGE PRESERVATION ALLOTMENTS AND EXEMPTION FROM: THElVIOUNrAINVJ:EWPLANEAND RECOMMENDING APPROVAL TO CITY COtJNCIL FOR REZONING TO LiTR WITH LP AND PUD OVERLAYS, MINOR PLANNEDUNI'"fr)EV~k()PMENT, SUBDIVISION, AND GROWTH MANAGEMl!:NT QUOTA SYSTEM EXEMPTIONS FOR AFFORDABLE HOUSING AND LODGE PRESERVATION FOR THE MOUNTAIN CHALET LODGE, CITY OF ASPEN, PITKIN COtJNTY, COLORADO. Parcel ID: 2737-182-45-002 WHEREAS, the Community Development Department received an application from the Mountain Chalet Enterprises (Applicant), represented by Mitch Haas, requesting land use approvals for the provision of 16 Lodge Preservation allotments, an exemption for the Wheeler Opera House View Plane, rezoning, minor planned unit development, subdivision, and GMQS exemptions for affordable housing an.d Lodge Preservation for the Mountain Chalet lodge; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Housing, Environmental Health, and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval for the proposed land use requests for the Mountain Chalet lodge for the provision of 16 Lodge Preservation allotments, an exemption for the Wheeler Opera House View Plane, rezoning, minor planned unit development, subdivision, and GMQS exemptions for affordable housing and Lodge Preservation; and WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval to City Council to approve the proposed five affordable housing units for the employees of the Mountain Chalet lodge; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the City of Aspen / Pitkin County Housing Authority, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Planning and Zoning Commission approved, by a vote of five to zero (5 - 0), the provision of 16 Lodge Preservation allotments, an exemption for the Wheeler Opera House View Plane; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval, by a vote of five to zero (5 - 0), to City Council to approve a rezoning, I I I I f) r"""'\ . .., minor planned unit development, subdivision, and GMQS exemptions for affordable housing and Lodge Preservation; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING ANI) ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THIS 19TH DAY OF JUNE 2001, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for the provision of 16 Lodge Preservation allotments, an exemption for the Wheeler Opera House View Plane, rezoning, minor planned unit development, subdivision, and GMQS exemptions for affordable housing and Lodge Preservation is approved with the following conditions stated herein. I. That the Applicant shall adequately mitigate for employee generation by providing deed restricted employee housing for at least 3.84 FTEs as per the recommendation from the Aspen / Pitkin County Housing Authority. 2. That the Applicant shall submit to the Housing Office prior to the application of building permits reconfigured employee unit square footages which meet the minimum square footage requirements as stated in the Guidelines and agreed to by the Applicant. 3. That the five employee units shall be deed restricted at the Category 2 rental rate, but that since the units are included in the lodge itself, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of Phase 1 to establish mutually acceptable lease terms for employees whose units are attached to the business. 4. That the Applicant complete and record the deed restriction for the units prior to application for building permits, along with a temporary deed restriction for the unit being used prior to completion of Phase 2, which is located in the Kitzbuhel Lodge. Housing Office Staff shall approve the Kitzbuhel unit prior to the acceptance of this unit for deed-restricted purposes; this unit shall be restricted at a Category 2 rate with no limitations on income or assets. The deed restriction on this specific unit will be released upon approval of the Certificate of Occupancy for the five employee units provided for in the Mountain Chalet. 1""\ ~ 5. That the Applicant provides deed restriction language, which addresses the issue of controlled rents arising from the Telluride Case and such language, shall meet with the approval of the City and Housing Offices' Attorneys. 6. That the Applicant will conduct a site visit with housing office representatives to inspect the deed restricted units prior to the issuance of the Certificate of Occupancy for each unit. 7. That the Applicant shall implement the following traffic mitigation measures to mitigate for PM-IO emissions and trips generated: 1) provide free bus passes to employees, 2) limiting parking, 3) provide covered and secure bike storage, and 4) provide a free bike fleet consisting of five bikes for employees and guests of the lodge. In addition, and as required by the Planning and Zoning commission, the Applicant shall mitigate for the lack of parking and provide a courtesy van or "vouchers" for guests of the Mountain Chalet lodge to begin following the completion of Phase 3 of this development. 8. That the Applicant submit to the Environmental Health department a fugitive dust control plan which includes, but is not limited to fencing, watering of disturbed areas, continual cleaning of adjacent paved roads to remove mud that has been carried out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. This shall be required prior to the submittal for building permits. 9. That the Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the state to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 10. If changes are planned for food preparation areas, a review of plans and specifications by the Environmental Health Department is required by Section 10- 401 of the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado. The Department should be consulted before preparation of plans and specifications. The Aspen Consolidated Sanitation District must be contacted for their recommendation on the proper size of the grease trap. II. That the Applicant shall provide a foundation drainage system that is separate from site storm drainage system. Rain and snow melt runoff must be detained and routed on site. These facilities must be shown on drainage plans and submitted for approval as part of the application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report I"") n demonstrates that the percolation rate and the detention volume meet the design storm drain. 12. That the Applicant shall designate and install all public sidewalks, curbs, and gutters in accordance with the City of Aspen Design Standards which are available in the City Engineering Department. 13. That the Applicant shall install a sprinkler system and a fire alarm system throughout the entire Mountain Chalet lodge as required by the City of Aspen Fire Marshal. 14. That the Applicant investigates the opportunity to join the City's free Transportation Options Program (TOP). As a TOP member, the Mountain Chalet will receive updated road construction information, free emergency transportation for employees, 'RFTA marketing materials and other services that will help both employees and guests to use alternative transportation. For assistance, contact transportation staff at 920-5038; 15. That the Applicant shall provide for accessibility for all the basement units. All of these units will be Type B, Ref Chapter II and the lounge area on the 5th floor shall also be accessible, as required by the City of Aspen Building Department. 16. That the Applicant shall submit a site improvement survey dated within twelve months of the submittal date for building permit application. The improvements survey shall be reviewed by the City of Aspen Engineering Department, and must that include monuments (found and set), setback lines, easements, and be entitled "Improvement Survey." 17. That the Applicant shall agree that there will be no construction material stored on the public rights-of-way. In addition, the Applicant shall submit a full set of construction management plans as part of the building permit application, and the management plan shall include a noise, dust control, and construction traffic management plan which addresses, at a minimum, the following issues: A. Signal traffic control devices; B. Press release - Radio - Local TV; C. Defining the construction debris hauling routes and impact on local streets; and D. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to parked in the area around the site. The city encourages that personal be shuttled in from the airport parking area. 18. That the Applicant shall submit, as part of the building permit application, a full drainage and erosion plan to prevent mud getting tracked into the streets and demonstrating that roof drainage will not be discharged onto the sidewalks or into drain chases through the sidewalks. t"""1 r'1 19. That the Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as required by the City of Aspen Water Department. 20. That the Applicant agrees that there will be no clear water connections such as roof drains, foundation drains or storm water connections. All clear water connections are prohibited as required by the Aspen Consolidated Waste District. 21. That the Applicant shall submit and record a "Final Plat," Final PUD Development Plans, and a PUD Agreement indicating all current and proposed improvements and conditions of approval for the entire Mountain Chalet lodge property. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. Approved by the Commission at its regular meeting on June 19,2001. APPROVED AS TO FORM: PLANNING COMMISSION: AND ZONING City Attorney Robert Blaich, Chair ATTEST: Jackie Lothian, Deputy City Clerk H:\My Documents\Current Cases\PUD and LP Projects\Mountain Chalet PUD\Memos\Mountain Chalet Memo.doc = 8 ~ 0 Q.,N ~ ~ -< ~ ~ Q ,,0 .... U Q C!$ IS IS = 00 -= - ~ Q ;., ~ ~ e = Q .... - C!$ e ~ ~ ~ ;., =-- ~ ~ 't:l Q ~ ;,; Q; .... i .:J .. = ~ == < ~ o '" '" < '" .... .. = ~ Q; bJi '1:l o ~ ~ ~ -0 o p., Cl 0) 8 "0 - "' ] .~ Of) 'J:: o "' ..... 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"K )t,J u./t ~:e: (~ e,J,. otb I- €--'- f)\1; \ ' v' ~- r) J.". f d'.IcJ- h vi', ,I- /s'~- RE: MOUNTAIN CHALET LODGE PRESERVATION PROJECT PROJECT SUMMARY: The Applicant, Mountain Chalet Enterprises, represented by Mitch Haas, requests appropriate land use approvals in order to conduct a three phase expansion ofthe Mountain Chalet Lodge in a Lodge Preservation project. Specifically, the land use requests include: 1) Rezoning from Lodge / Tourist Residential (L/TR) to L/TR with Lodge Preservation (LP) and Planned Unit Development (PUD) Overlays or (L/TR / LP / PUD); (Rezoning will allow the Applicant to take advantage of the Lodge Preservation program designed to allow small lodges to expand via available Lodge Preservation allotments. ) 2) Minor Planned Unit Development; (Lodge Preservation projects are required to go through a Minor PUD process to set their dimensional requirements for the project as well as respond to compatibility criteria. ) 3) Growth Management Quota System (GMQS) Exemptions; 1. Lodge Preservation Exemption 2. Affordable Housing Exemption (The additional lodge units / allotments and employee units are exempt from GMQS.) f ~t --- 4) Mountain View Plane Review (The Mountain Chalet is exempt from the Wheeler Opera House View Plane because expanded Mountain Chalet will still be lower than the ~ located behind it) s) i.-P tyjlol",mh )t--. ~.'~ _ ApPLICATION PROCESS: As a matter of process, the Planning and Zoning Commission is a recommending body to the City Council for Rezoning, GMQS Exemptions, and the Minor PUD portions of this application; however, the Planning and Zoning Commission is the final authority for providing Lodge Preservation (LP) allotments to a project as well as providing exemptions from Mountain View Planes. pic .J.-- STAFF COMMENTS: The lodge is located on the southwest comer of Durant Avenue and South Mill Street in the L/TR zone district 1'.;.1 Pl!ll.mea. Unit.Q~ :' 'FIlle1.t (PlJ@~. The Applicant requests the aforementioned land use approvals to conduct a three phase redevelopment scheme for the Mountain Chalet. Specifically, the three phases are outlined below: Phase 1: This phase involves fourth and fifth floor additions to the central portion of the structure. This phase will add eight new lodge units on the fourth floor and a 1,530 sq. ft. lounge on the fifth floor. Employee generation , ~"! t""""l " i r) mitigation for this phase will be accommodated by a temporary off-site deed restricted unit at the Kitzbuhel Lodge. Phase 2: This phase includes the demolition of the lodge's eastern wing (2.5 stories) and replacement with a four story wing containing lodge rooms (7 units per floor) and five sub-grade I garden level employee housing units. Phase 3: This phase three involves only the interior remodeling of the lobby and common areas on the first and second floors, and improvement of the Durant Avenue sidewalk. In order to accomplish this expansion, the Applicant is required to 1. Rezone the property first, 2. Then go through a Minor PUD process, 3. Is eligible for GMQS exemptions for the Lodge Preservation effort as well as providing Affordable Housing units in the lodge for lodge employees. At present, the Mountain Chalet contains fifty-one (51) lodge units. This expansion will increase the lodge units by sixteen (16) units for a grand total of sixty-seven (67) lodge units. In addition to these lodge units, this expansion will also provide five (5) deed restricted affordable employee units for Mountain Chalet employees. PURPOSE OF THE LP PROGRAM To provide for and protect small lodges on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses . . . 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 Applicant proposes an expansion, which is located in the area at the base of Aspen Mountain. The Mountain Chalet has been located at its current location and used as a lodge since 1954. The LP zoning request provides incentives to enable upgrading of the existing lodge so that it can remain competitive with respect to visitor expectations that have changed since the lodge was originally constructed. LODGE PRESERVATION ALLOTMENTS )> This rezoning fits exactly with the purpose of the LlTR and LP zone districts. The purpose of the L/TR zone district is "to encourage construction and renovation of lodges, in the area at the base of Aspen Mountain." Similarly, the Code describes the purpose of the LP Overlay zone district as being: r' ~ J t""", ,j ~ \,. :; To provide for and protect small lodges on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses . . . 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. ~ This rezoning will allow the Applicant to take advantage of the Lodge Preservation Program designed to allow for the expansion of Aspen's existing small lodges. ~ The Planning and Zoning Commission determines whether 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. ~ According to the Lodge Preservation (LP) Growth Summary as of February 2001, there are currently 21 available lodge allotments. (plus 11 that makes 32) The Mountain Chalet redevelopment proposes to use 16 of those allotments leaving 5 allotments in the pool. (16 in the pool) The LP Lodge allotment pool is automatically refreshed by eleven (11) units every June I ". These LP allotments are granted on a first come / first served basis by the Planning and Zoning Commission. (Please see the Lodge Preservation (LP) Growth Summary as Exhibit F.) The Applicant is eligible for a (GMQS) Exemption for the development of these additional 16 lodge units. AFFORDABLE HOUSING / EMPLOYEE UNITS ~ The Applicant is requesting a GMQS Exemption for affordable housing; more specifically, this lodge expansion includes the provision of five (5) employee dwelling units to be located in the sub-grade / garden level ofthe Mountain Chalet. ~ The Applicant received a unanimous recommendation of approval to the City Council from the Aspen / Pitkin County Housing Authority (APCHA) for the proposed employee units on April 18, 2001. Therefore, employees generated by the 16 additional lodge rooms would result in (16 x 0.4 = 6.4) 60% = 3.84 FTEs. ~ As a result, the Applicant is proposing affordable housing units for 7.25 FTEs which is 3.41 more FTEs than is required. Staff agrees that due to exaggerated housing costs in Aspen and the commuting workforce, it is difficult to maintain steady employees. This higher mitigation will go a long way towards maintaining good employees for the Mountain Chalet lodge. , " t""'\ , C) PROPOSED HEIGHT ~ In general, this expansion will result in the creation of a fourth floor over the central portion and east wing of the current structure as well as adding a fifth floor lounge. The Applicant is proposing to increase the heights of the Mountain Chalet from the existing as indicated below: he Ridge N/A 38' 51' ~ A picture of the Mountain Chalet on Sheet A3.0 of the application shows the full expanded scheme illustrated by a dashed line indicating the expanded lodge. The current height of the lodge is 36 feet (eight feet taller than allowed); the proposed new height established in the PUD is 49 feet. This proposed height allows for this fourth floor and fifth floor lounge expansion while still remaining lower than the Ritz / St. Regis located directly behind or south of the Mountain Chalet. The Ritz will continue to rise above the Mountain Chalet as shown in the photo on Sheet A3.0 ofthe application thereby making it exempt. PARKING ~ Currently, the Mountain Chalet maintains thirty-seven (37) off-street parking spaces and three (3) loading spaces primarily accommodated in a sub-grade parking garage under the Mountain Chalet accessed from South Mill Street. The parking requirement for the L/TR zone district is 0.7 spaces per bedroom. The parking requirement for the LP Overlay is also 0.7 spaces per bedroom unless otherwise established in a PUD. ~ Currently, the Mountain Chalet contains 55 bedrooms which requires 38.5 spaces. The proposed redevelopment will create a total of 76 bedrooms (including the 5 employee housing bedrooms) which by the land use code require the provision of 53.2 off-street parking spaces. ~ Effectively, the applicant would need to provide 16.2 spaces to satisfY the requirement of the Land Use Code; however, the applicant is not proposing any additional parking with this expansion. The applicant wishes to establish a new parking requirement of 0.49 spaces per bedroom as established through the PUD. ~ While the Mountain Chalet has operated in the past with 37 spaces and taken advantage of the Rubey Park Transit Center located across the street, Staffis concerned that an increase in 21 units (16 lodge units and 5 employee units) , r-. ~ ... without any new parking or additional alternativ~ transportation methods to accommodate may result in unforeseen impacts. However, the Lodge Preservation Program and the Aspen Area Community Plan (AACP) are sympathetic to considering transportation alternatives as discussed below. )- The Lodge Preservation Program was adopted to provide incentives allowing Aspen's small lodges to expand through a more streamlined process so that they may continue to be a viable lodging alternative for Aspen's visitors while staying competitive with the luxury condominium type developments. )- Due to the fact that an expansion generally refers to a site that is currently built out that wishes to add on to its current structure, on-site parking has most likely been long established on the site with little room for additional spaces. This is certainly the case for the Mountain Chalet. )- The Applicant indicated during the Development Review Committee (DRC) meeting that he gave out a total of 9 residential parking passes to guests over the course of the year 2000. In addition, upon a recent site visit to the lodge during peak capacity, the sub-grade garage remained half full. SUCCESSFUL PARKING ALTERNATIVES The City's Environmental Health Department indicated that the Applicant shall agree to achieve the maximum practical. degree of air purity by using all available practical methods to reduce pollution. The applicant needs to implement the following methods: 1) provide free bus passes to employees, 2) limiting parking, 3) provide covered and secure bike storage, and 4) provide a free bike fleet consisting of five bikes for employees and guests of the lodge. STAFF SUMMARY AND RECOMMENDATION )- It is clear, Aspen's small lodge bed base has declined considerably within the last ten years. The City Council adopted the Lodge Preservation Program as a result of this serious reduction to allow for easier expansion of small lodges given the economic climate which caters more towards the higher end condominium units. )- Staff finds that the proposed Mountain Chalet lodge expansion is a very strong example of why the Lodge Preservation Program was created. This lodge expansion will allow one of Aspen's most defining small lodges to expand and maintain a competitive presence in Aspen's dynamic lodge base economy. . r"'1 i} , ~ Staff recommends the Planning and Zoning Commission approve the provision of 16 lodge preservation allotments and an exemption for the Wheeler Opera House View Plane and recommend approval to City Council for this request for the requested rezoning, minor planned unit development, GMQS exemptions for affordable housing for the Mountain Chalet with the conditions listed in the Resolution at the rear of this memorandum. APR. 20. 200i 8:39AM ASPEN HOUSING OFC ",....." I" /) NO. 395 P.i r'\ ,/ MEMORANDUM t1~! /2&wl) J- d0') .4vjh~. 1; "i it TO: ' ~ FROM:! I, t Fred J'CU'tnan Cindy Chrlste/lllen , DATE: " j: I AS: April 20. 2001 MotINTArN CHALEr PVD exPANSION 333 east Durant ZSSlJE: The applicant is reqllesting rezoning, GMQS exemption, mountain view plane and a , minor planned llnit development (PUb) approval for the remodeling and expansion of the if Mountain Chalet through a partial demolition and redevelopment. The Board Is required to I' ma~ a recommendation to City Council on the mitigation requirements, on the type and size ': of the unrts, and on the category OT the units. Z. Phase two incllldes the demolition of the building's existing 2i story egstern wing and its' redevelopment with four stories of lodge rooms and Slubgradelgarden level emPloyee housing. This phase will house sevel'l new lodge units on each of 1'1"$ four floPrs as well as five employee dwelling units in the subgrade/garden level space. " " I , 3. Phfse three will involve only the remodeling of the lobby and common area spaces on the first and second floors, and Improvement of the Dllrant Avenue sidewalks. i 'i MitigGtiO#: The first isslle to deal with is the mitigation requiremel'lts for the proposed H expansion, J:n the past, the HOllSlng Office has IlSed 0 generation foetor ranging from i: 0.245 top.4 employees per lodge room. The last 'two referrals used the maximum 0.4 :, employ.., per lodge room generation figure, The City Code also states that mitigation is u i ;: J f: oj I' . l~, ~ ! i', 1 A~.20.2001 : 8:39AM I ASPEN HOUSING ore I) NO. 396 P.2 () done elt a rate of 60%. Therefore, employees generated by the 16 additiol1Ql lodge units would amount to 16 X .4 = 6.4 X 60% = 3.84 FTE's. The applicant Is proposing to construct the following units: 11 *ThiS column shows the numbl!r of FTE's housed by each type of dWl!lIing as Sl!t forth in the i HOllsing ~'fdelinl!S, Part vn, Section 12, Tabll! V, ()eeupaMY Sft/fl(/Qrv/8 by Vnlt Type, on :1 page 42. I 380 sq. ft. Studio 1.Z5 FTE's'" X 1 Unit = 1.25 m's 396 sq. ft. Studio 1.25 FTE's X 2 Units = 2.50 FTE's 447 sq. ft. 1-bedroom 1.75 FTE's X 1 Unit = 1.75 FTE's 699 sq. ft. 1-bedroom 1.75 FTE's X 1 Unit = 1.75 FTE's Total FTE's 7.25 FTE's "' ii :1, " ;' The five proposed units morl! than satisfies the mitigation requirement of 3.84 FTE's. !; , For your inforl1\Qtion. these affordable housing units are deducted from the annual , development allotment established in the City Code. The current ceiling is 989 units, with , the base jlllotment per year at 43 affordable housing units. Section Z6.710.320 states that I in the Lodge Preservcltion Overlay (LP), affordable housing for employees of the lodge Is a permittedl use. Section 26,445.050J, Phasing of the I:)eveloptnent Plan, states: TIw pI'tIJ>>ftd phafllg pllZII _ ~ -88tII'Y (If' pNpvtlMtlttl ItnIwVBfflelrtl tt1 ~It: felllflu, ptlytW/f fJf /1rIptH;t ",_ tmd ftIn-in-li,u, CMltl'UetllZll fJ" tmy' #11m. to M UHd JlJintly by f'fI8/rknf$ Iff .,.". Nb, ~lfJfIlJf tmy IWfUII'IId fIfNI dJlbJ. 1rwsf1Ig, ftM allY ",fflgtItlIZII ~II _ fWllztld CIZIIC/H'r'eITt fJf' /If'It1r ,... tWpUtIve /1rIptH;f8 _krttId with .,.". phul. liThe ph~ one portion involves adding eight lodge llnits and the lounge area. This phase I generQta' Q total of 5.76 employees. The QPplicQllt is proposing to dud rl!Strict a one- \: bedroom l'ff.site llnitat the Kit:1:buhel Lodge until phase two Is completed. This would I' provide 111, ligation for 1.75 employ... This Is only a shortfoll of .17 FTE's. !I I Unit Sf., Cllld CClteoorlul , t, i i' Table n,IMlllimlll1/ NM Llvabls Stf/It1N F.t fr Etz~h t/nlt Type and ~ t:Qftlgrlry. states th. minimum squQre footage for Ccltegory 1 and Z studio units is 400 square feet. i: For the oWle-bedroom units, the minimum square footage for Category 1 Qncl 2 i. 600 .quare I' feet. Th.refore, three of the units do not meet the minimum tnreshold for Category 1 and ;( " , I , 'j 2 U I .1 I :.i : I I 'i , " jl f' If i APR. 20. 2001 . 8:39AM ASPEN HOUSING ore (') NO.396 P.3 (""'\ II , ,I 11 2.'Tl1e Gul~ellnes do, however, allow for a 20% reduction of the category minimum under the following condition.: ' i 1, si4lificant storage 2. AbQve average ncrturallight 3. Efficient and flexible le!yout 4. Site amenities 5. Location within the project (above ground versus ground level or below ground) 6. If the applicant can achie,ve hIgher density of deed restricted units with this variance 'Tl1e applicant has stated that he will readdress the size issues prior to the construction to meet the minimum requirements stated in the GUidelines. " REt:OMMENlJATZON: 'Tl1e Housing Soard met on this Isslle on April 18, 2001, and i recommend approval of the proposed development under thl folloWing conditions: I' 4. i' !i '.; I, .' iI 5. ;.1 I' ,\ I, i i. " :i , i; I 1, i' , 'I 1 l' d " i, " ; ~ 1. The mltlllation required is 3.84 PTE's and has beln satisfied 011 site. ;; 1f' 2. The five units will be reeonfigured to meet the minimum square footage requirements as lstated in the GIlidelines and agreed to by the applicant. ! 3. Th. employee units shall be deed restricted at the Category 2 rental rate, but that sl~~e the unit. are ineluded in the lodge itself, the employees' income and assets be WaIved. Staff will meet with the applicont prior to completion of Pnase 1 to work on th. lease period that Is satisfactory for the Housing Office and for employers whose eniployee unitll are attached to the business. The deed restriction for the units should be completed and recorded prior to buJlding permit approval, along with the deed restriction for the unit being used prior to';completion of Phase 2, which is located in the Kit1:buhel Lodge. Staff shall approve the unit prior to acceptance of this unit for deed-restricted purposes. This unl~ shall be deed restricted at a Category 2 rl:lte. The dlled rllstriction on this Sp~lfic unit will be released upon approval of the Certificate of Occupancy for the five employee dwelling units required for this expansion. !.o/1guoge from the attorney's office should be incorporated Into the re]l,trlction, which will cover the controlled rents due to thll Telluride case. " 1 I I deed j. 3 " '.-' 'I .1 I A~.20.2001 ,8:39AM ASPEN HOUSING OFC ~ NO. 396 P.4 . . t'"\ I: 6. I, I 7. A .lte visit of all of the deed-~estricted llnits is completed prior to Cc~tifj"'te of Occllpancy. ' WIth the redevelopment of the lodge, the applicant is short 14 parking spcxees. None of the existIng pa~king spaces a~e designated for any of the employee units. The applicant shall provide some alternatives for the lack of available parking for employees. The alternatives could be to designate three to five parking spaces for If th" employee units, provide bus passes, or provide on-street parking permits if I: allowed in this aNa. I i: 8. Thl-e is not a specifIc timeline for the phasing of the project. A tim.line should be I; prJ~el1ted at the tIme of buildIng permit approval. !' Iwordteferrelm1nchalelmiJ,t/cc :: I, , ,-, I , " n r " f i ,J, J 'i1.. I' ii I W I I , " II I, i: , , I 4 r '. r " ,j 1 I; , I :.1 APR.l~.2001 12:37PM ~,A_ .' ":.-< ',I ASPEN HOUSING ore ~ NO. 322 P.3 n MEMORANDUM to: Housing Board FROM: Cindy Christensen [I-tRU: l>ATE: Mary Roberts I Al'rilI8,2001 , I RE: 1 MOllNTAIN CHALET PlJt) EXPANSION 333 East Durant " '! ~: The applicant is requesting rezoning, GMQS exemption. mountain view plane and a "'inor planned unit development (PUD) approval for the remodeling and expansion of the ~ountain Chalet through a partial demolition and redevelopment. The Board is required to ~ a reeommendation 1'0_ City_fowneil on the mi!!9!Iti~n re'tuireme.nts. on the type and size elf the units~!lnd_<m.JhLe.a1ego~the units. I ./ IACK6ROUI:iI2: The Mountain Chalet presently has 51 lodge units. Twenty of the existing I~dge rooms will be demolished and thirty~six new units will be built. This adds a total of 16 ',"dge 1'0011I$. The applicant is also proposing to eonstruet five deed restricted employee ~welling uni~s, The redevelopment will include a reeonfiguration of the lobby area, the ijevelopment of a new fourth floor and a fifth floor common area in 1'1112 eenter of the ~uilding. All of this development is proposed in three phases. TI1e phases are broken down " : qs follows: t , ;~ ff i 1. Phase one involves the fourth and fifth floor additions. This will include eigM new lodge units on the fourth floor and a new common area on the fifth floor. 1 ;; I ) 2 :\ . ii J '! ii Ij , 3. PI1as8 three will involve only the remodeling of the lobby and common area spaces on II the ~irst and second floors, and improvement of the Durant Avenue sidewalks. II ~itigation; The first issue to deal with is the mitigation requirements for the proposed ~xpansion. :, In the past, the Housing Office has used a generation factor ranging from II ,,' I. I' II 11 Phase two includes the demolition of the building's existing 21 story eastern wing and its ~edevelopment with four stories of lodge rooms and subgrade/garden level empl~ee housing. This phase will house seven new lodge units on each of Its four floors as well as five employee dwelling units in the subgrade/garden level space. ~ . , ;) APR. 16.2001 12: 37PM ~ I 'I' ASPEN HOUSING OFC 1""1 NO. 322 P.4 :"""1 ~, ) II , .(.; 1,: , Q.245 to o.t employees per lodge 1'0011\. The last two referrals used the maximum 0.4 ~ployees ~'! i 10d~e rgom generation figure. The City Code also states that mitigation is done Qt a rate of 60"0. Therefore, employees generQted by the 16 additional lodge units would Qmourit to 16 X .4 = 6.4 X 60% = 3.84 FTE's. This mitigation figure is for the lods-e units only. There is also additional space being added to the lodge. Some of the Qdditional sPQce involves remodeling and relocQting the office Qfld reception, Which would not add any additiollCll mitigation requirement. However, the applicant does plan on adding a 1,530 square foot lounge areQ On the fifth floor. In the Design Review Committee Meeting that was held on Wednesday, May 11, 2001, the applicant stated that they might use that area for wedding receptions and other private venues. The Employee Generation Table does not specifically mention the LP zone district and what type of employees would be associated with this area. the most comparable designation stated in the Guidelines would be the Commercial Lodge ~nd Other use. This states that 3.5 employees are generated for every 1,000 net leasable ~9UQre feet: " By USing this Cll'lIount, additional mitigation of 1/530 -!- 1,000 = US3 X 3.5 = 5.36 >id 60% = 3.211 FTE's. Therefore, total mitigation for this proposed project would be 3.21 + 3}84 = 7.05 ~TE's. 1 ! \re applicant is proposing to construct the follOWing units; I if ;1 " CY 380 sq. ft. Studio <::0396 sq. ft. Studio \i CD 447 sq. ft. I-bedroom 0699 s4. ft. 1-bedroom - 5 ; Total FTE's 1.25 FTE's'" X 1.25 FTE's X 1.75 FTE's X 1.75 FTE's X 1 Unit 2 Units 1 Unit 1 Unit = 1.25 FTE's 2.50 FTE's 1.75 fTE's 1..75 FT~~ 7.25 FTE's - - Ii ;j I. ,i ii" *ifhis column shows the number of FTc's housed by each type of dwelling as set forth in the H~llSing Guidelines, Part VII, Section 12, Table V, Occupancy S'/'t/ndtJrds by Uni.,. Type, on ppge 42. . ., , il - - - - 1jl1e five proposed units satisfy the mitigation t"'equirement of 7.05 FTE's. " ~r your . infQrmation, these affordable hOUSing units.E!:!.. deducted ft"'om the annual dlfvelopment plfotl'l1ent established in the City Code. The current ceiling is 989 units, with t~e base a!!:o';znt per year at 43 affordable hOUSing units. Section 26.710.320 states that i~the Lodge ;l'reservation Overlay (LP), affordable housing for employees of the lodge is a p~rmitted use. Section 26.445,050J, Phasing of the Development Plan, states: i-' 'i :; t', ;'! " " 2 ') " i: 'I I' I " f APR. 16.2001 12:38PM .- r i ! ASPEN HOUSING ore r") () NO. 322 P.5 The ~ pMBI1/g plan ~fI&IIrU the _usary tJf' pIWJfJrti~ ltr/fJf'#vementt: ffJ publlt: ftMlI/'f'lu, PflYlllellt vi /mptu:t ~ tIf'Id feu-In-lieu, Ct1II8trlxffM of (In>, ftMili'/iu ffJ be used .Jointly by ruidents of tIm PUt>, CfJIIStructfon of any f'ef/Ufl'ed a~~ hwsl1/g, tIf'Id any ",itigrJtkm mt1tJwrt!$ tIf'I f'eflllzed t:fJlIWf'f'ent tJf' prltJr ffJ the IWp6ctf'M fn/ptIcts _fafwt/ with the pM8~. ,.he phase one portion involves adding eight lodge units and the lounge area. This phase ..~~!:9t~.a.li!.!ll~Lof ~.76 employees. The applicant is proposing to deed restrict a one- bedroom off-site unit at the Kitzbuhel Lodge until phase two is completed. This would *ovide mitigation for 1.75 employees, short 4.01 FTE's. However, if the lounge WQS not ~unted un" 1 :'1'~ completion of the project, the applicant would be short only .17 FTE's. Unit Sizes and~Cltegories; 'I 'Tiable II, Mt"l",um Net LlVtlble SfJtn1re Feet fDr &ch t/1tif Type tUttI IflCfH1/e CtltegDry, states the minimum square footage for Category 1 and 2 studio units is 400 square feet. rpr the one-bedroom units, the minimum square footage for Category 1 and 2 is 600 square f.et. Therefore, three of the units do not meet the minimum threshold for Category 1 and , 2, The Guidelines do, however, allow for a 20% reduction of the category minimum under the f9110wing conditions: ,i' Signitlcant storage Above average natural light Efflcf,8nt and flexible layout Site amenIties I Location within the project (above ground versus ground level or below groLlnd) If the applicant can achieve higher density of deed restricted units with " VariL:,IE; ! , 1. j 2 " . , 3 I . ; 4. '115; " 6 Ii . ~ ~ J T:re studio units ore only about 5% less than the minimum square footage. One of the one- bedroom units is around 30rD under the minimum square footage and the other one-bedroom u~it is one fOl)t less than the minimum square footage for Category 3 and 4. ,', 1'1 r /iFCOMMENPATroN: Stoff recommends approvol for the Growth Management Exemption u~der the follOWing conditions: " p 'I 'I 1. The mitigation required include the 10Llnge area. /i '. i 2. The five units of affordable housing satisfies the mitigation I'equirement. iJ , 11 " I'i \1 ; 1;1 ~ this . 'Ii 3 I i ~: APR.l~.2001 12'38PM ASPEN HOUSING arc " : ; !~ ! J 3. 1 I) -"~O.322--P.6 n The ~'....ployee units shall be deed restricted at the Category 2 rental rate, but that sinc,J:he units are included in the lodge itself, the employees' income cmd assets be waived. However, the rents should remain at the Category 2 level with Q six-month lease period since these units are for mitigation. 4, The deed restriction for the units should be completed and recorded prior to building permit approval, along with the deed restriction for the unit being used prior to completion of Phase 2, which Is located in the Kit%buhel Lodge. Staff shall approve the unit prior to acceptcmce of this unit for' deed-restr'icted purposes. This unit shall be deed res'l'ricted at a Category 2 rete. The deed restriction on this specific unit will be released upon approval of the Certificate of Occupancy for the five employee dwelling units required for' this expansion. i i 5. i i~ " 16. I @ :{ !17. I I ..; ii LangllClge from the attorney's office should be incorporated into the deed restriction, which will cover the controlled rents due to the Telluride case. . A site' visit of all of the deed-restricted units is completed pr'ior to Certificate of Occup?ncy. i With the redevelopment of the lodge, the applicant is short 14 parking spaces. None of the eXisting parking Spaces are deSignated for any of the employee units. The appllccmt shall provide some alternatives for the laek of available parking for employees. The alternatives could be to deSignate three to five parking spaces for . the ell1ployee units. provide bus passes, or provide on-street parking permits if allowed in this areel. I "i :8. I " There!s not a speeifie timeline for the phasing of the project. A timeline should be presented at the time of building permit approval. ;: ANoirt~fe"almlnchsJetmit. doc , ....~..'."F ",,,<,,,,::,,,-,;:J ~'*~'!i'W".""<';~';*...." ",~'i;,f!:;;"~,\,~.I.,'~ :^" 'j." . '. '."' ._,.c. ',,,..'. ~-lr --.~ --,..-:."",,-, ~., .".. !}- .. " . .. , , ~ ',' , i I ..; I I 4 , i i ^ . ... /. () Aspen Consolidated Sanitation District Sy Kelly ~ Chairman Paul Smith * Treas Michael Kelly * S~cy John Keleher Frank Loushin Bruce Matherly, Mgr April 12, 2001 Fred Jarman Community Development 130 S. Galena Aspen, CO 81611 Re: Mountain Chalet PUD Dear Fred: The Mountain Chalet is currently served by our District. We currently have sufficient treatment capacity to serve the proposed expansion of the Chalet. If downstream collection system constraints are encountered, they will be eliminated through a system of additional proportionate charges. Service, as usual, is contingent upon compliance with the Distri9t's rules, regulations, and specifications which are on file at the District office. As represented in the application, all clear water connections, such as roof drains, mUst be directed to dry well or the city stonn sewer. Clear water connections to the public sewer system are prohibited. We will be able to estimate the fees for the expansion once detailed plans become available and a tap permit is completed at our office. We request, as a suggested condition of approval, that all District fees be paid prior to the issuance of a building permit. Please call if you have any qUestions. Sincerely, rz -~,-. ~ ~'____ /'J- ~-1 ~ () Bruce Matherly District Manager 565 N. Mill St.,Aspen, CO 81611/ (970)925-3601/ FAX (970) 925-2537 ("l ~ ~. 0' ..., >- :;) o ..., 0.. '" cr - " :r: o " en ~. y >- :;) o a. ~ " :r: o " en ~. '" (JQ eo. 0' 3 " '" - '" ~ '" g. - ~ " 0.. 0' 3 - ::r- " 2::: " - ..., o >- @ '" o <3 S ::r- 2::: '" '" ~ " a " '" - en " :1 " 0.. cr '" en ;;;. cr '< - ::r- " ." 0; S S' (JQ I') y y y ;1 " r ." r o 0.. (JQ " 2:: - o 3 " '" - ." o 2.. r ." r o 0.. (JQ " 2:: 0' 3 " '" - '" '" @ (JQ ..., ~ Ci;' 8- o '" '" ::n ..., '" - S' (") @ '" '" " 0.. cr '< " " <: " '" ~ (JQ OJ '" [ o '" '" ::n ..., ;!l. 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(JQ " N .--. 00 '-' -l'o 0\ o -, \0 \0 \0 \0 W N N ;;- :::;: ~. '" - ~ ~ N --.) o ..., 0<;' S' eo. eo. 0' - a " '" - '1:l o 2.. >- [ " 0.. ." " 2- S' (JQ o a. S' '" 5 " "C N ~ " '" o >- ~ a. " 0.. > '" '" o r> > = ~ = "C " '" 0.. S' (JQ -. - '" L: o - III '" .. t"" ~ t"" o c.. ~ III ~ = _. - '" ~ Q Q.. (J"Q ~ "'ti "'l ~ '" ~ ~ ~ .... .... Q = '8 "'ti '-' C1 "'l Q ~ ..... =- rJ1 = a a ~ ~ ~ .... 'Tj~ g.. Q 2 ..., ~ ~ N"Cl g ~ - = ...., f! ) ~ LODGE PRESERVATION PROGRAM CITY OF ASPEN The character of Aspen is embodied in the small lodge experience. Many repeat visitors advocate the uniqueness of these lodges dispersed throughout Aspen's neighborhoods. In fact, many local residents also advocate the character of these small lodges as differentiating Aspen from other more ubiquitous resorts. Many of these small lodges have provided visitor accommodations as long as Aspen's ski lifts have been operating and allow visitors to celebrate the simplistic pleasures of old Aspen. Important too, is the economic impact these lodge have on Aspen's economy. Aspen's small lodges attract a true diversity of visitors complementary to range of activities, shopping, and dining available in the area. Changes in the lodging market and the financial attractiveness of converting small lodges to other land uses challenge this rich character and defining element of Aspen. Aspen experienced a dramatic reduction in the small lodge bed base in the decade of the 1990's. In 1997 and 1998, several small lodges converted to luxury residential units. In an attempt to counteract this trend, the City of Aspen recently adopted a series of incentives for these small lodges to stay in the lodging business, expand, and adapt to the current marketplace. The City Planning Department held a series of work sessions with small lodge operators, reservation specialists, and civic leaders helped to tailor these new regulations. This "Lodge Preservation ProQram" provides a sim ler rocess for lod es to ac uire allotments throu h the Growth Mana ement S stem and more nin constraints for Ide 0 erators to desi n additions to their lodae. These incentives represent a philosophical shift from the more stringent growth regulations associated with Aspen and Pitkin County. It has been widely accepted, however, that growth in this sector is "good growth" as it directly addresses the character of the town and of the uniqueness of Aspen. This Lodge Preservation Program has seen success. Since adoption of the new program no "small lodge beds" have been lost to conversion and six lodges have come forward with development applications representing 23 lodge units approved and 17 additional units pending approval. The lodge expansions range from simple additions to provide affordable housing assisting the lodge operation to significant expansions to accommodate new lodge rooms. St. Moritz Lodge Preservation expansion of 8 rooms and 2 affordable housing units C"rG mE M<9UNTAINCtlALfT A LODGE PR~Sc~&~t\TIJ2"N,_.~"...",.. APPLICATI<2N SU13lvtITTEV 13Y HAAS LAND'PLAN1<JING,.'LCC 201 NeRTtllvtILL STRFfT, SUITE 108 ASPEN ceLeRAVD 816...1. 1..... . ....., ',' '. " .. ... .. .....n ",_" .,,', (970) 925 -7819.. Ff13RUA RY, 2001 , AN APPLICATION FOR APPROV AL OF A LODGE PRESERV ATIQN (LP) REDEVELOPMENT/EXPANSION FOR THE MOUNTAIN CHALET Submitted by: Mountain Chalet Enterprises 333 East Durant Avenue Aspen, CO 81611 Prepared by: HAAS LAND PLANNING, LLC Planning Consultants 201 North Mill Street, Suite 108 Aspen, CO 81611 (970) 925-7819 fax: (970) 925-7395 mhaas@sopris.net PROJECT CONSULT ANTS pLANN't:R Mitch Haas, AlCP Haas Land Planning, LLC 201 North Mill Street, Suite 108 Aspen, CO 81611 (970) 925-7819 ARCHITECTS David Gibson, AlA Gibson Architects 201 North Mill Street, #101 Aspen, CO 81611 (970) 920-3007 SURVEYOR River City Surveys, L.L.c. David Cooper, P.L.S. P.O. Box 213 Glenwood Springs, CO 81602 (970) 945-6019 MOUNTAIN CHALET TABLE OF CONTENTS PAGE I. INTRODUCTION................ ............ .................................... ............1 II. PROJECT SITE & NEIGHBORBOOD (EXISTING CONDITIONS)............2 III. PROPOSED DEVELOPMENT........... ........... ... ...... ....... ...... ........ .... ...5 . Table One: Dimensional Requirements Comparison.........................8 N. REVIEW REQUIREMENTS................................ ..... ............ ... ....... ..17 A. Rezoning.... .... ...... .............................. .............................. .17 B. GMQS Exemptions..... ........... ......... ..... ...................... ...... .... ...26 1. Lodge Preservation GMQS Exemption.................................26 2. Affordable Housing GMQS Exemption................................33 C. Planned Unit Development (PUD). ......... ....... ......... ...... ........ ....34 1. General Provisions. ......... ........................................... .....34 2. Review Standards: Minor PUD........ ..... .............. ...... ..... ....35 D. Mountain View Plane Review...................... ..........................50 V. Vested Property Rights............................... .... ......... ...... ............ .....52 EXHIBITS Exhibit #1: Land Use Application Form Exhibit #2: Pre-Application Conference Summary Exhibit #3: Proof of Ownership Exhibit #4: Letter of authorization to Represent the Owner/ Applicant Exhibit #5: List of Property Owners Within 300 Feet of the Subject Property Exhibit #6: Signed and Executed Fee Agreement I. INTRODUCTION: The Mountain Chalet began when 30 year old, Ralph Melville came to town on a ski trip from Dartmouth College, broke his leg, and dreamed of building a ski lodge. Unable to spend his days on the slopes, Ralph ended up shopping for real estate. Soon . aft~ l?uilding the loqge, Ralph married Mari\l.n Headley and for the last 46 years, they have worked together to keep the Mountain Chalet a place where friends feel welcome and return. The goal at the Mountain Chalet is to keep their guests happy and comfortable at all times. A warm, friendly atmosphere where guests can meet new friends either around the breakfast table or sitting by the fire in the lobby is encouraged. Employees are encouraged to be outgoing and spend time chatting with and getting to know the guests. Ralph and Marian seek to provide all of their guests with a place where they can feel relaxed and make themselves at home. The Mountain Chalet is one of Aspen's longest standing hotels. It opened Christmas of 1954 with only three rooms for rent. Since then, the Mountain Chalet has continued as a work in progress, continually improving upon what it was and increasing the number of rooms. In 1955, six more rooms were added, and another six came in 1957. In six more phases, between 1958 and 1969, the lodge expanded to include 48 . . rooms. The last exterior addition was completed in 1990, and a restaurant was remodeled into three deluxe rooms in 1995. This brought the Mountain Chalet to its current condition with 51 rooms. The time, once again, has come for the Mountain Chalet to evolve and improve. "';:, This application requests rezoning, GMQS exemptions, mountain view plane, and minor planned unit development (PUD) approval for the remodeling and expansion of the Mountain Chalet through a partial demolition and redevelopment. The existing Mountain Chalet is located at 333 East Durant Avenue on the north half (Lots E-I) of Block 84 in the City and Townsite of Aspen. The property that is the subject of this application is currently zoned LTRJPUD, Lodge/Tourist Residential with a Planned Unit Development Overlay, and this application involves a request to rezone it to include a Lodge Preservation Overlay (LTR/LP/PUD). GMQS exemptions will be required for the new lodge units as well as the project's proposed employee housing. It is also requested that vested property rights status be granted along with the project's various land use Mountain Chalet Application Page 1 approvals. (See Land Use Application Form and Pre-Application Conference Summary, Exhibits #1 and #2, respectively.) The application is submitted pursuant to Sections 26.445, 26.470.070(M) and (J), 26.470.080(B)(3)(c), 26.710.320, 26.310.040, 26.308.010, and 26.435.050 of the Aspen LandU$e CotJe by Moulltain Chalet Enterprises (hereimlfter "applicant"), the owner of the property (see Title Insurance Commitment, Exhibit #3). Permission for Haas Land Planning, LLC, Planning Consultants, and Gibson Architects, LLC, to represent the Applicant is attached as Exhibit #4. A list of property owners located within three- hundred feet of the property and an executed application fee agreement are attached as Exhibits #5 and #6, respectively. The application is divided into four sections. Section I provides a brief introduction to the application, while Section II describes the existing conditions of the project site and neighborhood. Section III of the application outlines the applicant's proposed development, and Section IV addresses the proposed development's compliance . with the applicable review criteria of the Land Use Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., proof of ownership, etc.) are provided in the various exhibits attached at the end of the application. While the applicant has attempted to address all relevant provisions of the Regulations, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require further information and/or clarification. The applicant will provide such additional information as may be required in the course of the application's review. n. PROJECT SITE & NEIGHBORHOOD (EXISTING CONDmONS): The existing Mountain Chalet resides on the easterly side of the north half of Block 84 (Lots E-I), located on East Durant Avenue between South Mill and South Monarch Streets. Lots E-! have a total area of approximately 18,750 square feet (150' x 125'). The site is bounded by Durant Avenue to the north, South Mill Street to the east, Lot 1 of . the Aspen Mountain PUD and then South Monarch Street to the west, and vacated Dean Street to the south. There is 150 feet of frontage on Durant Avenue and 125 feet of frontage on South Mill Street. The centerline of vacated Dean Street provides the boundary between the subject property and Lot 1 of the Aspen Mountain PUD (hereinafter AMPUD). 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""", """',, "':::: .2 0> ~ ,0 -- ~ ;;; O' ~ \-> ~ "" .it: o " 0 e . 0 .;; o :O~ ~.' ...'-',0: :: ~g"" __ 0 o . CO ..... ~ :'\ :") ;~ 1-' " ~; y -=...:~-------- u) j 113M .l.HOn " !Hal, >-::!::;: 3li:s ~~! w< l .J N I ~ I " r.:l I lliffii '" I >-::Ec: /" <: I 0", :r: '1 ~~" 0- :.- ~~; .__l.!:!,< Z I 0 ~ - w E-< ~ - < 0 " ~ 0 ~ , ~ <: 0 Q T- , E-< ;; " L z " '>,,, r.:l ~ [- 0:;: ::< :::- '" " '''....-" r.:l ~ ~ L.. '" <: >Q ~ " z w ~ {J] w ~ < m ~ z ~ ~ ~ I w L__ -------------l I ------------- - -'II I I ~IHI-~~rt i I J .. n "''i; ~ i ~ ! ... \0 ,...., <c: e " ~ o. Q3\! "- i .."....~ I"'.' ~ I 1\I~500' The site is just south of and directly across the street from Wagner Park, and just west of and directly across the street from the Silver Circle Ice Rink. The commercial core is one block to the north, and the Ajax! Aspen Mountain base area is just two blocks to the east. The property is next door to and across the street from the St. Regis Hotel (Lot 1 of AMPUD), diagonally across South Mill arid Dean Streets from the Grand Aspen Hotel (Lot 5 of AMPUD), and diagonally across South Mill and Durant from the Rubey Park bus station. From the Rubey Park bus station, access is readily available to and from the airport, the Maroon Bells, the music festivals, all four ski areas, and virtually any location in the Roaring Fork Valley. The subject property's topography is essentially flat from east to west, but has an approximately eight or nine foot rise from north to south. The existing structure is built into this slope to maintain an even roof line from front to back. The existing roof has a peak height of approximately thirty-eight feet and a mid'point height of approximately thirty-six feet. The building has a total area of roughly 23,360 square feet and contains fifty-one lodging units. These fifty-one lodge units provide a total of 150 pillows. Two of the existing units, numbers 108 and 110, are handicap accessible. In addition to the 23,360 square feet of existing space, the lodge also includes several sub-grade amenities, such as parking for thirty-three vehicles, a kitchen and conference facilities, a sauna and steam room, an exercise room, a game room, an outdoor courtyard, and an outdoor swimming pool and hot tub. Parking for the existing lodge is located primarily below grade in the aforementioned garage. Access to the sub-grade parking garage is gained via a ramp off South Mill Street. The vacated Dean Street right-of-way serves as access to the St. Regis Hotel and as a loading/unloading area for the Mountain Chalet. There is also parking for four vehicles and two loading area spaces, all of which serve the Mountain Chalet and are located in a designated area off the vacated Dean Street right-of-way. Another loading area space for the Mountain Chalet is designated in front of the lodge, on Durant Avenue. Additional on. street parking is available to the public on Durant Avenue. In total, the lodge maintains thirty-seven off-street parking spaces and three loading spaces. The need for on-site parking is minimized by virtue of the lodge's exceptional location across the street from the commercial core and the Rubey Park bus station. The existing lodge site is well landscaped with sod, trees, and a multitude of planter boxes. There is an outdoor swimming pool and hot tub, both of which are partially Mountain Chalet Application Page 3 heated with power generated from the six solar collectors on the roof of the building's east wing. From a Dean Street vantage point, the swimming pool and spa area are in a courtyard located 1. 5 stories below street level, at the rear of the lodge, and another courtyard area is located 15 stories below street level, at the westerly side of the lodge. Appropriately enough, the lodge structure is built in the "Mountain Chalet" style (circa mid-twentieth century), with primary exterior materials composed of stucco and darkly painted/stained wood. The front, or Durant Avenue, elevation is two and one-half (2.5) stories above grade with a four story wing on the west side (visible from the front/Durant and rear/Dean). Along South Mill Street, the building is two and one-half (2.5) stories above grade at the Durant Avenue (north) side and just two stories above grade at the Dean Street (south) side. The main, or central portion of the lodge has two stories above the Dean Street level with another story and a half (1. 5) containing the outdoor swimming pool and courtyard area below street level. There is also a three and one-half to four (3.5 - 4) story elevator shaft on the Dean Street frontage. All roof pitches are consistent and modest with a slope of approximately 3:12. The lodge is surrounded by sidewalks on all street frontages. A five foot wide concrete sidewalk exists along the Durant Avenue frontage, although this sidewalk slopes from the South Mill Street side up to the middle of the lodge (its front door) and back down to the westerly property line adjoining Aspen Sports. This sidewalk is some forty- two inches higher than the matching sidewalk on the other side of Durant Avenue and, as such, requires stairs (four steps) down to the street edge. There are eight foot wide, brick sidewalks along both. the South Mill Street and vacated Dean Street frontages. The . parking garage ramp and trash access area are located in the South Mill Street right-of- way, between the sidewalk and the lodge structure. There is also a one-hundred square foot (10' x 10') brick pad with a bicycle rack and fire hydrant in the right-of-way at the corner of Durant and Mill. The existing lodge structure resides approximately five feet from the easterly property line, with roof overhangs that are only a foot or so from said property line. The front of the lodge is set approximately five feet back from the Durant Avenue right-of-way line in the central portion, but its west wing is only two feet or so from the front property line. Since the rear property line is the center of the vacated Dean Street right-of-way, the rear setbacks are nearly twenty-five feet at a minimum. The four story west wing of the lodge encroaches approximately 2.5 feet into the adjoining property, but maintains an easement for the life of the improvements. Mountain Chalet Application Page 4 All necessary and typical utilities are in place. There are sewer and water lines in both Durant Avenue and South Mill Streets. There is a fire hydrant on the corner of Durant and Mill. Gas and electric lines are also located in said streets, and a storm sewer was installed in Mill Street with the development of the Ritz Carlton (now the St. Regis). . In addition, the Aspen Fire P'r6tectiol1 Disttf<:t and the Aspen p{)fice Department are located just a few blocks to the north. Surrounding land uses include a mix of lodges, ret<J.il shops, p<J.rks and recreation, bars and restaurants, transportation facilities, and duplex, single-, and multi-family residential. In comparison with other neighborhoods, the subject area is densely developed. The architectuml styles used on the surrounding buildings vary as much as their uses, with styles ranging from Victorian and Neo- Victorian to (Frank Lloyd) Wrighti<J.n, from Neo-Classical to mining era design (tipples, trestles, mills, etc.), and from Modernist/Intern<J.tion<J.l to Swiss/Mountain Chalet. Building materials found throughout the neighborhood v<J.ry, exhibiting a range of finishes from painted clapboard to brick, and from timbers to stucco. Roof forms vary from flat and shed roofs to steeply pitched roofs. Buildings in the neighborhood h<J.ve more of a vertical emphasis than any place else in town, with some of the tallest structures . found here; for instance, the surrounding structures range in height from one to four-and- one-half (I - 4.5) stories above gmde. Just uphill and to the south of the subject property, <J.cross vac<J.ted Dean Street, the St. Regis Hotel is a full four stories above grade with <J. four and one-half (4.5) story section at the corner of Dean and Monarch Streets. m, PROPOSED DEVELOPMENT: The <J.pplicant proposes to expand the Mountain Chalet through a partial demolition <J.nd redevelopment. Twenty of the existing lodge rooms will be demolished and thirty-six new units will be built. Thus, the proposal involves a net gain of sixteen lodge units, as well as five deed restricted employee dwelling units, over three phases of development. The redevelopment will <J.lso include a reconfiguration of the lobby area, the development of a new fourth floor, and a fifth floor common area in the center of the building. The new roof-top <J.dditions will result in a measured roof height of approxim<J.tely forty-nine feet on the fifth floor and forty-one feet on the fourth floor, where the current peak height is thirty-eight feet. More specifically, Mountain Chalet Application Page 5 .:. Phase one involves fourth and fifth floor additions in the central portion of the structure. The phase one addition will accommodate the development of eight new lodge units on the fourth floor and a new common area on the fifth floor. Employee generation resulting from phase one will be mitigated via the temporary deed restriction of an off-site unit at the Kitzbuhel Lodge, as further explained herein. .:. Phase two includes the demolition of the building's existing two and one-half (2.5) story eastern wing and its redevelopment with four stories of lodge rooms and sub- grade/garden level employee housing. The phase two eastern wing will house seven new lodge units on each of its four floors, as well as five employee dwelling units in the sub-grade/garden level space. .:. Phase three will involve only the remodeling of the lobby and common area spaces on the first and second floors, and improvement of the Durant Avenue sidewalks. .:. The room count will go from the fifty-one existing rooms to sixty-seven rooms when all three phases have been completed, for a net gain of sixteen lodging units. Twenty of the existing rooms will be demolished while thirty-six new rooms are added in their stead. There will also be five new deed restricted employee dwelling units added where none currently exist. The result will be a net gain of approximately 14,040 gross square feet of floor area (roughly 3,060 square feet of which will be located subgrade or at garden level) from that which currently exists. In order to accommodate the requests made in this application, the property will need to be rezoned from its current L-TR (Lodge-Tourist Residential) designation to include Lodge Preservation (LP) and Planned Unit Development (PUD) overlays. The resulting zoning will be L-TR/LP/PUD. Such a rezoning is in perfect harmony with the purpose of the L- TR and LP zone districts. The purpose of the L- TR zone district, as described in the Code, is "to encourage construction and renovation of lodges, in the area at the base of Aspen Mountain." Similarly, the Code describes the purpose of the LP Overlay zone district, to which this application requests a rezoning, as being: [TJo provide for and protect small lodges on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses. . to encourage development which is compatible with the neighborhood and respective of the Mountain Chalet Application Page 6 manner in which the property has historically operated, and to provide an incentive for upgrading existing lodges on-site or onto adjacent properties. This application proposes a renovation of the Mountain Chalet lodge, which is located in the area at the base of Aspen Mountain. The Mountain Chalet has been located at its curr~nt locatiojl. anc! used as a lodge sinc~ 1954, when its. first rooms were built. The LP zoning is needed because it provides incentives to enable upgrading of the existing lodge in a manner that will allow it to continue to meet market demands with regard to client expectations that have changed since the lodge was originally constructed. Today's market desires and demands up to date facilities and rooming accommodations, more space, and more choices. The Mountain Chalet has had difficulty keeping up with these changes and still maintains a somewhat uniform supply of room sizes, most of which have antiquated decor and facilities. Furthermore, with the sky-rocketed cost of housing in the . Aspen area and the increases in commuting traffic from the down valley area, the owners have experienced increasing difficulty in finding and maintaining quality employees. The proposed on-site redevelopment will ensure the Mountain Chalet's continued viability and, thus, existence as a lodge while providing on-site housing for employees. With the L- TR/LPIPUD rezoning, the Minor PUD process will be used to define the dimensional requirements, including parking, for the proposed development. As such, it will be possible to expand the lodge in terms of height and floor area, possibilities that do not exist without the LP and PUD overlays It will also be possible to provide affordable housing at a rate consistent with the needs generated by the expansion. At staff's suggestion (see Pre-Application Conference Summary, Exhibit #2), the otherwise required Special Review to establish the affordable housing parking requirements will be combined, pursuant to Section 26.304.060(B), with the PUD review. While the PUD will define the affordable housing, dimensional, and parking requirements associated with the redeveloped project site, this application refers to the . existing lodge inasmuch it is tied to the operational, employment; and parking needs of the proposed expansion and such information is necessary to evaluate the incremental impacts. In other words, this application describes the existing operational, employment, and parking characteristics of the Mountain Chalet for comparison with the expected conditions after the expansion/redevelopment. Both logically and in accordance with the Lodge Preservation regulations, these characteristics should be reviewed on the basis of incremental change/impact. Mountain Chalet Application Page 7 For purposes of comparison, the dimensional requirements associated with the underlying L- TR zone district (as they would apply to the subject lot), the existing conditions, and the proposed dimensional requirements for the PUD are depicted in Table One, below. All square footages are rounded to the nearest ten square feet. TABLE ONE: DIMENSIONAL REQUIREMENTS COMPARISON 1. Minimum Lot Size: . In the L- TR Zone: 6,000 square feet. . Existing Condition: 18,750 square feet. . Proposed for LPIPUD: 6,000 square feet. 2. Minimum Lot Area per Dwelling Unit: . In the L- TR Zone: 55,000 square feet1 . Existing Condition: 340 square feet2 . Proposed for LPIPUD: No requirement'- 3. Maximum Allowable Density: . In the L- TR Zone: regulated via mmlmum lot area per dwelling unit; otherwise, not specifically regulated. . Existing Condition: one lodge bedroom per 340 square feet oflot size2 . Proposed for LPIPUD: one lodge or residential bedroom per 245 square feet oflot size 4 4. Minimum Lot Width: . In the L- TR Zone: 60 feet. . Existing Condition: 125 feet. . Proposed for LPIPUD: 60 feet. 5. Minimum Front Yard: . In the L- TR Zone: 10 feet. . Existing Condition: 2 feet. . Proposed for LPIPUD: Per the approved Final PUD Development Plans5 6. Minimum Side Yard: . In the L- TR Zone: 5 feet. . Existing Condition: 0 feet. . Proposed for LPIPUD: Per the approved Final PUD Development Plans 6 Mountain Chalet Application Page 8 7. Minimum Rear Yard: · In the L- TR Zone: 10 feet. · Existing Condition: 20 feet. · Proposed for LPIPUD: 10 feet. 8. Maximum Site Coverage: · In the L- TR Zone: Not regulated. · Existing Condition: Not regulated. · Proposed for LPIPUD: No requirement. 9. Maximum Height: · In the L- TR Zone: 28 feet. · Existing Condition: 36 feet. · Proposed for LPIPUD: Per the approved Final PUD Development Plans7 10. Minimum Distance Betweeu Buildings on a Lot: · In the L- TR Zone: 10 feet. · Existing Condition: Not applicable (only one existing building). · Proposed for LPIPUD 10 feet. 11. Minimum Percent Open Space Required for the Site: · In the L- TR Zone: 25%. · Existing Condition: Approximately 11%. · Proposed for LPIPUD: Per approved Pinal PUD Development Plans. 12. Trash Access Area: · In the L- TR Zone: not regulated. · Existing Condition: 7.5' x 6' (45 square feet in S. Mill Street R.O.W.). · Proposed for LPIPUD: Per approved Final PUD Development Plans. 13. Allowable External Floor Area Ratio (FAR): · In the L-TR Zone: 1: I. · Existing Condition: 1.25: 18 · Proposed for LPIPUD: 2:1 including the basement addition, and 1.84:1 without including the basement addition9 14. Allowable Internal Floor Area Ratio: · In the L-TR Zone: Rental space limited to a maximum of 0.5:1, which can be increased to 0.75: I if at least 331/3 % ofthe addition;11 floor area is approved Mountain Chalet Application Page 9 for residential use restricted to affordable housing for employees of the lodge; non-unit space must account for no less than 0.25:1. · Existing Condition: Has not been determined. · Proposed for LPIPUD: Per approved Final PUD Development Plans. 15. Minimum Off-Street Parking Spaces: · In the L-TR Zone: 0.7 spaces per bedroom, of which 0.2 spaces per bedroom may be provided via payment-in-lillu. · Existing Condition: 0.67 spaces per bedroom (37 spaces and 55 bedrooms). · Proposed for LPIPUD: 0.49 spaces per bedroom (37 spaces and 76 bedrooms, including the five employee housing bedrooms). 16. Other Dimensions Determined Necessary to Establish Through the PUD Process: · In the L- TR Zone: None applicable. · Proposed for LPIPUD: Per approved Final PUD Development Plans. Table One Notes: I: The minimum lot area per dwelling unit provisions of the L- TR zone district require that lodges which include units that have kitchen facilities comply with the minimum lot area requirements for multi-family dwellings There are fifty-five bedrooms in the existing Mountain Chalet lodge and some of the units include kitchen facilities. The minimum lot area per dwelling unit requirement for multi-family dwellings is one bedroom per 1,000 square feet oflot area, where studio units are considered one bedroom units. 2: Calculated by dividing the existing lot size of 18,750 square feet by the number of existing bedrooms (55), per note one above, and rounding to the nearest ten square feet. No lot area reductions, such as those attributable to the presence of slopes and vacated rights-of-way, have been accounted for. Thus, 18,750 square feet represents the lot size, not the lot area, as defined by the Code. 3: A requirement for minimum lot size per dwelling unit should not be applied to a property containing a mix of uses, especially when most of the uses are not residential. The proposal instead addresses the effect of such a dimensional requirement through the maximum allowable density provision. 4: The expanded lodge will include seventy-one lodging bedrooms and five employee housing bedrooms, for a total of seventy-six bedrooms on the 18.750 square foot lot. The proposed requirement is based on lot size since no lot area reductions are being accounted for. Mountain Chalet Application Page 10 5: A requirement of "per the approved Final PUD Plans" will not only accommodate the proposed remodel, but will also eliminate the existing nonconforming status of the Mountain Chalet building with respect to its setback from the Durant Avenue right-of- way. (See the paragraph below these notes for an explanation as to why this is desirable.) The commercial zoning in place at the time of original construction through the 1969 addition allowed for zero front yard setbacks. 6: A requirement of "per the approved Final PUD Plans" will not only accommodate the proposed remodel, but will also eliminate the existing nonconforming status of the Mountain Chalet building with respect to its setback from Lot I of AMPUD. (See the paragraph below these notes for an explanation as to why this is desirable.) The commercial zoning in place at the time of original construction through the 1969 addition allowed for zero side yard setbacks. 7: A requirement of "per the approved Final PUD Plans" will not only accommodate the proposed remodel, but will also eliminate the existing nonconforming status of the Mountain Chalet building with respect to its height. (See the paragraph below these notes for an explanation as to why this is desirable.) Also, note that the Mountain Chalet had approvals in 1964/65 to expand up to eight stories in height. 8: No lot area reductions, such as those attributable to the presence of slopes and vacated rights-of-way, have been accounted for. Thus, the 1.25:1 ratio represents floor area-to- lot size, not floor area-to-Iot area, as such terms are defined by the Code. 9: Since no lot area reductions, such as those attributable to the presence of slopes and vacated rights-of-way, have been accounted for, the proposed 2:1 (with new basement) and 1.84:1 (excluding basement) ratios represent floor area-to-Iot size, not floor area-to- lot area, as such terms are defined by the Code. Otherwise, the requirement could be established as "per the approved Final PUD Plans." As indicated above, the applicants propose to maintain the mInImum lot size, minimum lot width, minimum rear yard setback, and minimum distance between buildings on a lot requirements of the L- TR zone district. In addition, the above proposed . dimensional requirements will effectively eliminate the multiple 'Yays in which the existing Mountain Chalet structure is nonconforming. For instance, the existing lodge is nonconforming with respect to the requirements for minimum lot area per dwelling unit (density), minimum front and side yard setbacks, maximum height, minimum percentage of open space, maximum external and possibly internal floor area ratios, and minimum off- street parking. The redeveloped Mountain Chalet will effectively conform to the dimensional requirements associated with the approved final PUD plans, as proposed above. As a result, any future changes involving these previously nonconforming situations could be reviewed under the Insubstantial PUD Amendment process rather than Mountain Chalet Application Page 11 through the far more complex Substantial PUD Amendment or zonmg variance procedures. Table One indicates that approximately 11% of the existing site meets the City's definition of open space. Note, however, that this percentage may not be precisely accurate since it was not calculated by a suweyor or a Cbmptiter. In accordance with the definition, this percentage does not include such open areas as the vacated portion of Dean Street that is now within the property boundary, the courtyard containing the swimming pool area, or the courtyard in the southwest corner of the property. The proposed . redevelopment will not significantly decrease the amount of area currently meeting the Code's definition of open space. Therefore, the proposed requirement for open space is "per the approved final PUD development plans," but the actual percentage of the site that will meet the City's definition of open space after completion of the expansions proposed herein will be approximately 10%. Similar to the open space, the setbacks of the existing lodge, while nonconforming under the existing conditions (except rear), will not change as a result of the proposed redevelopment. Thus, in order to eliminate the nonconforming status and accommodate the proposed redevelopment without the need for any variances, it is proposed that the minimum front and side yard setbacks be established per the approved final PUD development plans. This will allow the proposed balconies and roof overhangs on the east side of the structure to extend to the property line. It is also proposed that the existing rear yard setback requirement be maintained. The building will maintain its existing street orientations and architectural style. As the proposed elevations demonstrate, the building will continue to exhibit and provide an excellent example of the Mountain Chalet style, circa mid-twentieth century design. The roof pitches will be maintained, as will the patterns created by the horizontal wood siding, balconies and shutters. The "Chalet" style detailing will be continued onto the redeveloped east wing as well as the new fourth and fifth floors. The perceived mass will be broken up by the inclusion of several gable ends, many balconies, and a change in exterior building materials between the lower and upper floors. The forty-nine foot height of the fifth floor is reached in only two small areas that are set back in the center of the structure; otherwise, the predominant form of the building will have a height of approximately forty-one feet, closely approximating the existing Mountain Chalet Application Page 12 --- .- 0 11919 o ClV(!0'10J 'N3.dSV " ~ 0 @ 3.11N3.A V J..NV(!llClo3. obbb ;: ~ .;;. ~ ,. " NO lJ..l Cl ClV 3.-8ClO'1 J..3.'1VHJ NWJ..NllOW , ." s 8 0'" .- ,00 - u ::: vi ~ u w ~ 6 '" <! ~ :: ~ ~.:~ ~~~ t <;. ","j':;:l"?:a:<l ~s8~~~~ ~ = .:; .~ I ~<:'~:. :1Il~ s"'s :\ ~ ~ ~ ,,~ ~ ~ "":.:!: .... 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'" '" ~ '" U '" '" ~\ 0 ... "' "' U z 0 0 A '" ... ~ !:: ~ '" '-' 0 ~~ '-' 0 0 '" '" ... Z Z A -<: -' 0: '" " ... ~ '" '" 0 '" '" -<: ~ '" -' 0;: "" '" z ::> z z -' '-' '" "" >:.;] '" '" '" '-' 0: '-' "' "' '" u '" -' ..; ..0 -' Z '" ~ "" '" " -' ~\ 0: 0: ~ "'\ 15 '" ... "" ~ ;OS ... ... 0. " " "" ,:: ~ ... i 0 '" '" 0 '" ... ~\ ... b '" 0. ., '" ... 0. Z o Z ... 0 0 X ~ '" ~ - '" ... ... ... '" -- '" Z '" - t-J r~l ~ ~ ~ 0:: u ,:; U '" ~ ~ ;j ...;t S vi 5 .,," ~;~~ ~ t:oo~::: .... ::t:<Il(llI--=> -- u ~t/) ~ <Il;;:;"'" M ~~ :Jog~ z..... ;:;U60 o8o~:iS~ (/l;>.....Z"'-l~,..., E9<::3.oe;g~ OOON<~e. - ,,", 11919 Ouva010J ' N3:dSV 0 (<0) 3:flN3:A V J..NVafl<r3: "f.:f.:f.: z NOIJ..IUUV 3:f.)U01 J..3:1VHJ NIVJ..NflOW ~~ . . ~ 0 0 () ! )~ ,~ ~ ~ ;; ,. " "' 0 v; ~~ ~!~~ ~~ ~).gO:> ~~ , . ~ 0 ,",~g~d,g , % ('(") () <: ;w~~{e;;: ~ f $.3.i~~~ w " ~ ~ t;tb&:6\ol~ , -< :r: ~::'~ ~~ 7. U '~ ~ ~ S; g " 0" . ~ 0 ....1'" . 0 E ffi 00 ~ '" g, 00 5 ~ :I: 2 ~ .-....-....---- .-'" ..~,..- ~._._--.-,-...._-- ~ ~ 0 ~ ~ ~ ~ Z 0 ~ 8 \:l 0 5J:z ~ r--\ ~Q :i1 ~ ~t:: 2 ,,-is 8 r--\ :z<( 00 ~ 0 p", <(00 "" >0 "- H ~~ 0 ~ <t :I: 0 "" ~~ ti; :z"" <( '" ~ ",0 f5 0:I: 0'" 3 0 s~ 0-' 0 0 ~@ ~ f-':I: 0 00", 00 x<( ~ "'0 ~ ~ ~ ~ <t ~ u ~ Z ;l ~ ~ ~ ~ ~ ~ ~ 0- f-' ~ ~ Z 0 <( 0 ~ "" ~ ~ :i1 0 "- ~ ~ 5 u ~ ~ [a '" 0 til ~ :c 0 t;2 ~ 0 ~ :z "- '" f5 0 3 6 -' 0 0 ~ ~ f-' ti; 00 ~ - f;l I I I I ':. , ".'" , "'" 'i . height of the structure's west wink These heights will be significantly less from the Dean Street side due to the higher grad~ existing on the south side. The protected and deSignlate~ vie",pla~e of Aspen Mountain from Wagner' Park I . and the Wheeler Opera House wlIlnotbe,at all~~ecte~by the prop?sed expansions" n?r . will views from the C01'i1mercial~qt~ tp Aspen Mountain be compr6mlsed. In fact, little other than the St. Regis favadekilI be obstructed. The proposed overall height of the Mountain Chalet will be similar tb,b:Jt stilI lower than, that of the St. Regis. Furthermore, the heights proposed herein win he percei~ed as signiflcantly lower than the height of the St. Regis and the hotel proposeifor replacement of the Grand Aspen since both of these sites are located substantially ~igher up the hillside created by the base of Aspen I Mountain. Ii .',:. ,. ,> ::.: '" The existing Mountain Chalet lodge was constructed in multiple phases (eleven to be exact) over a period spanniAg forty-one years. As a result, the existing design is somewhat disjointed, with a forit story west wing next to a two and one-half (2.5) story center and east wing. Architectdtaldetailing is not consistent on all sides, and a feeling of refinement is lacking. The co~pleted expansion will provide an overall balance to the structure. The expanded struc~ure will provide for a more appropriate and complete backdrop to Wagner Park This Svill better help to define the edge of the commercial core I" and the start of the Aspen Mountain,base area neighborhood. . J The L- TR zone district ts!aninternal 'floor area ratio requIrement,. but the LP overlay district does not contem~late such a provision. Having worked with internal FAR requirements, it has become clJa.r that very few people understand the implications or workings of such a requiremenf1anclsimply find them to be more confusing than justified by their worth. Rather than JroJose a convoluted or confusing set of internal FAR limitations, it is proposed that the requirement be established as "per the approved final PUD development plans." This!",ill al10w for the development to proceed as proposed, but require further review of by subsequent requests to reconfigure the developed lodging and non-unit spaces. I: The existing Mountain clal~t structure d~es not comply ""itl1the current external FAR provisions of the L- TR zbn6 district. The proposed expansion will increase the amount of floor area above that :which currently exists. As such, it is necessary for the PUD approval to establish an ~ AR limit that will accommodate the proposal, with a Ii Mountain Chalet Application I Page 13 review. I 1 i I I Ii reasonable margm of error, but not ail()w for subsequent expansIOn without further I .1.. " . .. . The fourth floor addition to be c?mpleted with phase one will include a gross area of approximately 4,050 square feet, of which roughly 2,935 square feet will be net livable space within the units and the re&aihaer wihbe usedt'or circlilationcorridors, wails, and similar features The fifth floor cbll1ll1o~area to be b~ilt as part of phase one ",ill have an area of approximately 1,530 squJr:.feet(including stairs) Another 170 square feet or so will be used for miscellaneous .additiOnS to be colllpleted with phase one, such as the straightening of a wall on the rlrst, second, and third floors. In total, phase one will include approximately 5,750 square feet of new floor area The building footprint will not change as a result of the phase ode. Phase two involves the Jdevelopment of the buildlng'~'eastern wing The existing east wing has a total floor areabfipproximately 6,720 square feet, and the redeveloped east wing will have a total floo~ area of approximately 11,950 square feet. Thus, the resulting net gain in floor area Jill be approximately 5,230 square feet. This figure does . not include the new garden levellbasementspace, which will include a total of approximately 3,060 square fe~tt~ accommodate limited support facilities and five employee dwelling units. The bJilding footprint will change only slightly as a result of the redevelopment The third phase !invo!ves only the reconfiguration of existing spaces, with I . no net gain in floor area. 1 I. In summary, the total ~ew! floor area to be developed above grade is roughly I., 10,980 square feet, with an additi()nal 3,060 square feet of subgrade space to be developed as well. Thus, the ~edeveloped lodge structure will include a grand total of roughly 37,400 square feet offldor~rea, including the subgrade space The existing lodge structure has an area of apprJximately 23,360 square feet. All three phases of the proposed redevelopment represdnt a n:t gain of approximately 14,046 square feet of gross floor area above that which cJmintly exists. In terms of floor area-to-Iot area ratio (FAR), the existing conditions~ep;'eset\t an FAR of roughly 1.25:1 (23,360 divided by 18,750). The new FAR will be lapproximately 1.84:1 without including the new subgrade space, and 2:1 with the new sub~rade space. Parking for the eXisting!tdJeislocated prilIl~rily below grade in a garage. Access to the sub-grade parking garagJ is gained via a ramp off South Mill Street. The vacated Dean Street right-of-way se!-ves' as access to the St. Regis Hotel and as a I ,. I I I Mountain Chalet Application Page 14 I I I I loading/unloading area for the Niou?tain Chalet There is also parking. for four vehicles and two loading area spaces, allbf which serve the Mountain Ch~let and are located in .a designated area off the vacated de~1l Street right-of-way Another loading area space for the Mountain Chalet is designat~d in front of the lodge, on Durant Avenue Additional on-street parking is available t6 the public on Durant Avenue. In total, the lodge maintains thirty-seven off-streef~aikil'1g sp~tes arrd thrtle loading spaces. Employeespf the lodge have the option of usidg City-issued residential parking permits to park nearby, and these permits may also be us~d by patrons, if desired. Vehicular access to parkiLfortheMountain Chalet \Villcontinue to be gained via the parking garage entrance rarrlp off South Mill Street. The loading areas on vacated Dean Street and Durant A venueMll continue to. exist in their current condition, as will the diagonal parking area on Dean s~re~t.. Access for trash pick-up is and will continue to be from top part of the parking garJge ~amp on South Mill Street. Snow removal along both Durant and South Mill is alread~ h~ndled by the City and will continue as such Snow removal on Dean Street is handl~d by the St. Regis Hotel, and the applicant maintains an agreement ensuring that this arrJn.g6rneIlt will continue All sidewalks will remain in their current configurations, except t~f])g~a?t 6vellue sidewalk will be improved as part of the development's third phase in order to provide a level and safe grade. li<i No additional off-stree(lp~tklllg is proposed as the combination of the existing , parking lot, the designated head-in spaces on vacated Dean Street, and the on-street spaces in the adjacent streets pttvide more than enough parking. the need for off-street parking is largely alleviated by t~e Mollntain Chalet's location, which is across the street from both the Rubey Park Tradsit 'Center and the commercial core. Free bus service is available on a regular basis to abd from the airport, the three ski areas that are not within walking distance, the music tentl, the Maroon Bells, and various otherlocations. There is no need for customers to have a!v~hicl~ at the Mountain Chalet, but tor those who do rent or otherwise arrive in their ca:)s, the thirty-seven existing spaces owned by the lodge, . combined with the hundreds of Is paces on the surrounding street~, have and will continue I..... to prove more than adequate. .1......., Th, proP"'''' ""P'^'o. ,L~rrffig ,1m"" ,ompie"',;, m opw,,' "co","" This is because the existing strubt\lr~ occupies almost all of the land area available on the property. As demonstrated!abo,ve and throughout this application, the proposed expansion is in complete ham\ony with the purpose of the Lodge Preservation zone district, and the main goal ofihe LP program was to enable and ensure the continued I Mountain Chalet Application i Page 15 I I I ) I j , I I viability of Aspen's smallIOdgeS!b~~roviding the ability to expand. Surely, the ability to protect Aspen's small lodges wa~ never intended to be limited by the ability to provide off- street parking The Aspen ArealcornJJ1unityrlan (AACP) seeks to limit the dependency of Aspen's residents and guests Ion the automobile and suggests that disincentives to the I use of automobiles be implement~d as a means of furthering this goal. Given the purpose of theh'zonedistri~t~nd program and the goals ~f the AACP, it would be a direct contradictioh t~ deny the ability of the Mountain Chalet to expand as proposed herein because of (l pa~kin~ shortfall Tpat is, especially in light of the mitigating . circumstances described abovel (location, convenience of public transportation, and I availability of on-street parking), it would be a shame to allow automobile usage and parking to dictate and compronlise this proposal's ability to further the goals of the LP I:' pw",::~ ~:::" ",,~t~b;"il g"'i;;';o~f",,,,,, ,m\"o,rwm 0.2" '0 0.4 employees per lodge room to~vahlate the expected employee housing needs of lodge expansion proposals, and requin~gthat 60% of the employees generated be provided with deed restricted affordable housing. 'The proposed expansion of the Mountain Chalet lodge involves a net gain of sixteen 108girig units. Thus, based on the factors just described, the expansion will theoretically gerler~tebet\Veell~92 and 6.4 ne\V, employees (16 x 0.245 and 16 x 0.4, respectively). With a requirement to provide housing for 60% of the employees generated, the deJel~pment will need to house between 2.35 and 3.84 I employees (3.92 x 60% and 6.4 x 60%, respectively). I In reality, very few empfoyees will be generated by the expansion since the existing . employeeS'will help to service t~e new units. Nevertheless, the applicant will be providing housing for much more than '60% the incremental increase in employment that will , theoretically result from the pr6pdsedexpansion, regardless of which generation factor is used. That is, two one-bedr68rif elllployee housing units and three studio employee housing units are proposed as! part of the redeveloped east wing. All five of the new employee units will be deed'iestfictedin accordance with the Housing Guidelines, providing credit for housing J175'elllployees perone-bedroom unit and 1.25 employees per studio unit. This means thelapplicant will be providing new housing for a total ~ employees ([1.75 x 2] + [1.25 ~3]). Even using the higher generation factor, the provided housing equates to over 117%.of the employees generated by the expansion, or approximately double the amo~llf2f housing required. Put another way, the proposed mitigation is more than 195% ~fthat minimally required. I I Mountain Chalet Application Ii Page 16 I I I I ~ I , I I IV, REVIEW REQUIREMENTS: I: The proposed develop~e~t 'l"eqGir~s the receipt of sixteen LP tourist , accommodation development allotments ~nd,five afforda?le housing allotments, all exempt . from the Growth Manageme+ ?uota System (GMQS) scorlng and competition procedures pursuant to Sections 26.470070(M), 26.4700S0(B)(3)(c), and 26.470.070(J) of the Regulations. As discussed pie'liously in this application, the proposal also requires a rezoning from L-TR to L-TIVLPJPUD pursua:nft6 Section 26.310.040. In turn, under the new zoning designation, fAt proposal will be sGbject to review under Sections 26710190, Lodge-Tourist Residential Zone j)istrict; 26.710320, Lodge Preservation Overlay Zone District; and, Sebtion 26.445.050, Review Standards: Conceptual, Final, Consolidated, and Minor PUD.1 While not certain about the actual applicability, the applicant concedes that mountaih view plan review may be applicable pursuant to Section 26.435.050 of the Code; thus, I tespoIlses to the standards of said section are provided I below. I.. This section of the appljc~tlonis organized by applicable review standards, with each set of standards (e.g., rez8ning, GMQS exemptions, PUD, etc) provided as a sub- section hereto. Under each suJ-section, every individual review criterion is presented in I . . indented and italicized print and is followed by a response demonstrating compliance with and/or satisfaction of the given Jtandard. . I A. Rezoning 1 . The applicant hereby requests that the project site, as descl"ibed in the Section II. of this application, be rezoJed' to include Lodge Preservation and Planned Unit Development overlays, resulti~g; in a designation of L-TRlLPlPuD. The Lodge Preservation overlay is requiredtoallo",: the expa~sion and, in turn, requires that a PUD overlay be established as weIll the existing tviountain Chalet is zoned Lodge-Tourist Residential Since the adoPte~9) a~d~UDregulations require that the dimensional requirements associated with a Iprdject be established as part of the PUD review process, there is no need to request thail th~ underlying zoning of the project site be amended, nor is there a need to request a.hyvariances from the dimensional requirements of the underlying zone district. 'I I I I I I Mountain Chalet Application I Page 17 I I I I . Chapter 26.310, AmendnlentsTo TheLand Use ltegulations And Official Zone District Map, of the Regulations brovides, at Section 26.310.040, nine (A-I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the official zone district map,~sf6110ws Ii! ..... A ::::e~7:: the proposedfm~rr~~)11tlflriCbnj7ia poriipns of The proposed amendmJ is' fully consiste~(withailportio~softl1eRegulations I. The intended use of the property is consistent with the Lodge Preservation (LP) zoning with regard to its purpose and ~lIo~ed.,uses The proposal is for the expansion of the Mountaill Chalet lodge to provide morell~its and affordable housing, both of which are allowed uses in the LP Overlay tonk District I...::..., I . I In order to accommodate' the requests made in this application, the property will need to be rezoned from its ch~ntL-pf(Lodge-TOurist Residential) designation to include Lodge Preservation (L~) a~dPlanned Unit Development (PUD) overlays. The resulting zoning will be L-TR/L~JPtJD. Such a rezoning is in perfect harmony with the . purpose of the L- TR and LP zblle'. districts. The purpose of the L-TR zone district, as described in the Code, is "to e~sourage construction and renovation of lodges, in the area at the base of Aspen Moun~aiJ." Similarly, the Code describes the purpose of the LP Overlay zone district as being: .. [TJo provide for and prJieCisnuJlllodges on propiirties historically used for lodge accommodations, I to permit redevelopment of these properties to accommodate lodge arid affordable housing uses . . . to encourage development which is coMpdtible with the neighborhood and respective of the manner in which the prbperty has historically operated, and to provide an incentive for upgradinge'xisting lodges on-site or onto adjacent properties. This application propot.~renovation ofthe~o~ntain Chalet l()dge, which is located in the area at the base O:f ~spen Mountain. The Mountain Chalet has been located at its current location and useda~a l?dge since 1954, when its first rooms were built. The LP zoning is needed becau~e it provides incentives to enable upgrading of the existing lodge in a manner that will an6~.'it to, conti~ue to meet market demands with regard to . client expectations that have c~anged since the lodge was originally constructed. Today' s market desires and demands' Jp to date facilities and rooming accommodations, more space, and more choices. Th~,'~?untainChalet has ha~difficulty keeping up with these changes and still maintains a s~rnewhat uniform supplyofroom sizes, most of which have I .. . ... ..... Mouutaitl Chalet Application I Page 18 I I I I I I 1-. 1 I.., antiquated decor and facilities FhrtJermore, wit~ the sky-;ocketed cost of housing in the Aspen area and the increases in~Ol11~uti~g traffic from the down valley area, the owners have experienced increasing difficulty in finding and maintaining quality employees, The proposed on-site redevelopmentfill'ensuretheM:?untainEhalet's continued viability and, thus, existence as a lodge while providing on-site housing for employees. I ' By rezoning the subjectII)ai6elt()inC1~de<LI'a~dJ?UD o\lerlays, the on-site expansion and upgrading of the~o~ntain Chaletlodge ise~abled, thereby promoting and protecting the continued eXistedce.ofthe Mountain Chalet lodge and development of affordable housing for its emplo~ees. As demonstrated in the foregoing (see Section II.) and in response to the PUD retiew standards (following), the proposed site plan and I', ., .", ' . architecture have been designed to be compatible with the neighborhood. I B. Whether the proposed aJeh!iment consislent wiih all elemenls of the Aspen Area Community Plan. ,'.t._ ',. -,'-,', The proposed amendmel)t is consistent with all elements of the AACp as it will allow for both the expansion ahdcqntinuedviabiIity of one of Aspen's few remaining locally owned and operated, lonk-time (over 46 years of operation) small lodges, and the development of affordable housihg for employees. However, the proposed development is not possible given the existing L~TRzoning pro~isi()ns unless said zoning is supplemented with the addition ofLP and pUrl (}~erlays The stated "Vision" )theComl11ynity Plan provides. that, "II is .. balance between all sectors of the comlhun~ty that we are striving to retain and enhance." This. statement refers to a balance bJtw6en the "Aspen the community and Aspen the resort." As described in detail in respon1se to standard "H.," below, this balance has been eroded over time by significant losses.ln b?th the,moderately-priced, small lodge bed base and attainable housing for employ eeL ~y expanding ypon this type of bed base, furthering the viability of such a small lodge, and providing affordable housing, the proposed . development will make strides~oward reestablishing the balance the community has been struggling to retain and enhance!. . f . i busines~~:~:: ~V:~l~S :~~~:s1rVJc~J~h ~~;n;~C~I' ~~;t~tl~oa~ff;Z:~::~;stl:Z:e .~se;~ obvious ways, expansion of thf ~ountain Chalet lodge and the provision of affordable housing for its employees will sbrve the local community and the tourist base, but this will I i I i I Mountain Chalet Application I Page 19 I I I i I only be possible if the proposed tdning is approved Therefore, the proposedr~zoning is consistent with the "Intent" oft~eiiGrowthAction Plan." The proposed deveIOpmL,'wl1iChWill. be enabled oIllyby approval of the requested. rezoning, will furthJrthe"Inte~t,"golicies a~d goals ~f the AACP's "Transportation Action Plan" <:ts~el1. Said portiCillof the AACPjrtcliWe~ U1e folldwing statements: "The community s~eks to provide a balanced, integrated transportation system for residents, visitors, ahdcommuters that reduces congestion and pollution;" "reducing dependency on th~~uton1Obile requires ()f!ering alternatives both for . automobile use and storage andbther means of transport;" and, "Seek to balance public and private tramportation .Iby increasing the number of available transportation choices."I i The Mountain Chalet lodge across the street from both the Rubey Park Transit I. .... , Center and the commercial core'. . Free bus service .is. available on. a regular basis to and from the airport, the three ski ate~s.. th~t are not within walking distance, the music tent, the Maroon Bells, and various o\her locations. There is no need fo[customers to have a vehicle at the Mountain Chalet,J.utt'o~those who do rent or ?therwise arrive in their cars, the thirty-seven existing spacesi owned by the lodge, combined with the hundreds of spaces on the surrounding streek have and will continue to prove more than adequate. I'. . . .. ... . By limiting the amount of available off-street parking to those spaces currently existing, , guests and employees of the lodge will be encouraged to utilize these alternative means of transportation to the maximum e~tel1tpraCticable I: The "Intent" of the "JousiflgACtionPlan," \\1hich is to "Create a housing . environment which is disperlei appropriately scaled to the neighborhoods and affordable," will be promoted ~yapproval of the requested rezoning inasmuch as the rezoning makes the proposed dev~16pment possible. The proposed employee housing units will be deed restricted ~d registered with the APCHA to ensure their continued affordability. The design of the laffordable housing units is appropriately scaled in terms of bulk, height, mass and volume ~s iheywillbe integrated with the expansion. In this way, the proposal is also consistent' with the AACPpoJicy calling for the development of ". . . small scale resident houSi~g which fits the character of the community and is k interspersed with free market housing..." I . The project site is withih tlJeoriginal City and Townsite of Aspen. In accordance with the Lodge Preservation I Overlay Zone District's encouragement of "affordable I.' 1 . Mountain Chalet Application I Page 20 I ! i , I , ,'.j 1 I I . hoo"08 foe =pl"y~' ""he J~.1B~~i:~~)a "' ,pemi;,,;, O~. "' "P"'~' '" simply "affordable housing" beil1g li~ted as a cOl1ditional use}, the proposa.l promotes the following "Housing Action Plan;' policies: "Encour(1~ ilifill development within the existing urban area so as to . .~Il~lVn;ore en;ployees.;Jf1 be able to live close to where they work;" and, ". . . an emplbyer that builds affordable housing units shall have the right to designate that their emp~oYels sl1allhave first right to those afforddble units, if I they meet the qualifications." I The "Intent" of the "corJlTle~ciai/R.etaiIACtlO~ Plan"isto "Providemcentivesfor managed strategic growth by . .!.sMCllllodges." This portion of the AACP explains as part of its underlying philosophy'tha.t, "The community must .find wtryS to maintain these small lodges and the experiencelthey offer to our gtJests." In addition, the policies of the "Commercial/Retail Action Plan~" call for the following: "Provide incentives t6 keep small lodge owners in operat/bn;'; and, i'. . . allow for minor expansion with less mitigation required in order to1fndintainthe small lodge inventory in the community." The proposed sixteen unit expaJsiO? from fifty-one to sixty-seven units is consistent with the goal of managed strategic gtbwth by small lodges. Approving the requested rezoning and development will allow fori ke~ping the Mountain Chalet in operation and thereby maintaining the experience it off~rsouc guests. The joint LP and Pun Overlay provisions allow for mitigation at the leverl ()flncr~mental increases in impacts' due to an expansion, and the proposed employee ~ousing exceeds 100% of the incremental increase in . employment that will be caused tythe exp~rlsion L , Finally, the "Design Quality and Historic Preservation" element of the AACP is intended to "Ensure the mdtntel1ance' of character through design quality and I I' compatibility with historic featJres." Construction of the original Mountain Chalet lodge commenced in the 1950s. Whdenot spe~ificallydesignated as an historic structure, the Historic Preservation Commissibnhas shown interest in the designation of structures from this era Regardless, the Mourltain Chalet has a history of more than forty years in the community and, as such, is anlhisforic feature The proposed layout of the new lodge units and their architecture ha~ebeen specificallyclesigned to be fully compatible and consistent with the existing desi~n. . The philosophy of thel.,JeSignQuality" section of the AACP explains that, "Modern buildings woven thrdughout the traditional townsite and along the hillsides create an eclectic desigtl qualYiy'that contrtbutes to the small-town uniqueness of our community." The architecture bf the existing Mountain Chalet lodge has been described '1 r.>i.Z><< ... .... Mountain Chalet Application I Page 21 I I I I I I I -i-- :,.... ; '-;;:J I I I i as, appropriately enough, "swisslLntain Chalet," and is one of the structures that contributes to the eclectic desigh' qJality and small-town uniqueness of Aspen. The . expansion will maintain and enhahc2 this design quality in the area at the base of Aspen Mountain. '.1 I.. ." ..... . the foregoing has amply' demonstnlted ho"" t~.e ptdPb~~dari1~ndlll~!lt Vlill promote and further the goals, objectives, and intent of the Aspen Area Community Plan and is consistent with all element~ ()f"the same. I>" . ... ...................... C Whether the proposed amendment is compatible with surrounding zone districts and land uses, considerlngiexisting land uses and neighborhood characteristics. I .. The subject site is surro~nded to the south and the west by Lot 1 of the Aspen Mountain PUD (AMPUD), whidhfuai~tai~sa zo.ning of L-TRJPUD. . The properties to the east, northeast, and north ar~ z()ned park, public, and park, respectively. The request herein proposed will result in th~prbject site being zOl1edLodge- Tourist Residential with Lodge Preservation and Plann~dtJllitD~velopment overlays (L-TR/LP/PUD) The underlying L- TR zoning will re*ain consistent ",ith the neighboring, adjacent properties to the south, west, and northwedt. The proposed PUD overlay will be consistent with the overlay associated with the ~ubproperti~s to the south and west. Surrounding land uses Lu~ea rnix . ()t lodges, retail shops, parks and recreation facilities, bars and restaurants, Itrahsportation facilities, and duplex, single-, and multi- I family residential. In compariso'nwith other neighborhoods, the subject area is densely developed. . As such, the propoke~'~endment is fully compatible ~ith surrounding land uses, zone districts, and neighb()~hood characteristics. I..! D. The effect of the prop6sedamendmenton traffic generation and road safety. The proposed code amehdlllentwillhOt, in and of itself, have any effect on traffic generation or road safety. With regard to the development proposal enabled by the amendment, only a slight increa~e df vehicle trip-ends per day is anticipated, largely due to the location of the site relative to . the Rubey Park transit center, skiing, and the commercial core. The increasebr~ehicletrips over pre-existing conditions for the site will . have a negligible impact on sU10~nding. streets. There is no doubt that the surrounding streets can adequately and safely handle the impacts of the proposed development, and no improvements to the adjacent str~~ts are r~qJired as a direct result of the additional traffic volumes that may result from trte proposed expansion. By limiting the amount of available off-street parking to those spa~~sicJrtelltJy existing, guests and employees of the lodge I Mountain Chalet Application I Page 22 I r r'< I. I I I I I will be encouraged to utilize al&l-native means of transportation to the maximum extent practicable. 1 .i I.. ................... .' ...... E Whether and the extendotvhl~hthe proposed~nierlcl111~nt~ould result in demands on public facilitiks, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transpor'tatiorl faciTities, se'f/'age facilities, water supply, parks, drainage, schools, and em~rgellcy medical facilities. Again, the proposed aJ~Jll1ent,inandofitsel(\'Iill n6tin any way affect infrastructure or infrastructure ~apJcities. With regard to future plans for the property under the proposed L- TR/LP;J>UIlZ?ning, adequate water supply and pressure is available to serve the proposed p~oject without additional upgrades to the City's treatment and distribution systems. Fire p~ot~ction provided by existing hydrants will be adequate and will not be affected or inte&pted by development. Treatment capacity is available . from the Sanitation District tosbrVethe additionaldemand associated with the proposed project. Historic drainage patte~s and rates will be maintained via the installation of roof .1 ..... . . ... drains, downspouts, and dry wells, as needed. Impacts on parks and Lh161sV/inh~ minImal ~.~ O1ost of the development is comprised of tourist accommodati~11.s Only three affordable I-bedroom dwelling units are proposed, and these will ha~bl16affecton schools or parks; after all, they will contain only one bedroom each and be Jsed by employees of the lodge. Park lands are plentiful in the neighborhood, with the ~i1v~r Circle Ice Rink and Wagner Park both located immediately across the street. .r~~Pke and Bass Parks are both just a few blocks to the north. These parks all maintain more than enough capacity to adequately serve the I proposed development. i , . The roads serving the pjoject~ite are already plowed and m~il1t~il1ed by the City of Aspen. With regard to the imp~ctrto the surrounding roads, please refer to the response .to standard "D.," above. The.~teislocated on a public street, ll)aking it easily accessible for emergency medical servicJs' alld fire protection. The introduction of sixteen new lodging units and three afforda~le'h()using units win notresult in demands exceeding the capacity of any public facilitiesbr ~eI"Vices. 1< F Whether and the extent to which the proposed amendment would result in significantly adverse imftacts on the natural environment. I.....,..., Again, the proposed ame~~ment, in .and of itself, will not in any way affect the natural environment. With re~ard to the development plans for the property under the I Mountain Chalet Application Page 23 ; proposed L-TR/LP/PUD zoning, th~ natural en\Tirol1ment wiIl adversely affected. The site is already developed and~ located in 11 densely developed area. The expansion will not result in any additional land.. c??sumption . as the slight expansion of the building footprint will involve already devbloped lands. The property will continue to be served by public water and sanitary sewers~st~ms,arid historic drainage patterns will be maintained The availability of public transpiJ!i'ation will help to recfuce dependency on individual automobile use by the guests and employees of the lodge, in turn, significantly reducing the project's PMto generation an1~%ects~?air quality. I G. Whether the proposed 1me/"ldm~ntis .consist~nt and compatible with the community character in th~ City of Aspen. I; . Placing Lodge Preservation (LP) ami Planned Unit Development (PUD) overlays on the property's existing L-T~ ~oning classification will have no affect on Aspen's community character and is certainly not inconsistent or incompatible with the same. The rezoning enables application fdrt?eexp~nsion of the Mountain Chalet lodge. As explained in the foregoing, the oh-siteexpansion of the Mountain Chalet is consistent with the community character (see reJponse to standard "C.," above). I H. Whether there have been'changed conditions affecting the subject parcel or the surrounding neighborhoo~ which support the proposed amendment. While not specific to JJJbje6tparcelblltstill impo~ant from a surrounding neighborhood and community-wlde'perspective, there has been a considerable reduction in Aspen's small lodge bed base.~oi instance, since 1990 a total of 264 lodge rooms have been added/constructed (7 at L'AlIberge and 257 at the Ritz/St Regis) to Aspen's lodging bed base while Community DevJlopment Department records indicate the following losses .L to the Aspen lodging bed base lc~the start ofthe.1990s Alpine Lodge 11 units Copper Horse 13 units i~~~n;JS~iHaus ;~ ~~:~: Fireside Lodge 20 units Northstaf . 22 units Aspen duntry Inn 84 units I Aspen Mimor 21 units Bell MotJnt~lnLodge 22 units Brass Bed Inn 29 units Alpina H~usLodge 40 units BUCkhOiLtdge, 9 units Mountain Chalet Application I Page 24 I I I i I !. !' ! i I Carriage H6use 10 units TOT AI. ! 317 units These numbers do not Jcg~nt for changes in: (l)the lodgihg bed base of the unincorporated Metro Area of Pi~kin County (such as the Heatherbed Lodge - 40 units lost, the Highlands Inn - 46 units \?Sj'O~ the. Maroon Creek Lodge - 11 units lost), which is believed to represent a net loss! too; nor, (2) facilities such as the Bavarian Inn (15-20 units converted to residential use)[theRed RoofInn, a/l<Ia Truscott (50 units converted to residential use), the Ullr (27 units being converted to residential use), the Christiania Lodge (34 units used for resid~ntial purposes), or the Beaumont Inn (3 I units being converted to employee housing)t?athave been included in ?ther similar counts/analyses. Consequently, it is believed thatther'!lll~ers provided in the above tabulation represent a very conservative estimate. GivJn the numbers above, there have been 264 lodging units added in Aspen since 1990 while1at'Ieast 317 units (and up to 540 units) have been lost, resulting in a net loss of at least 531qdging units and as many as 276 lodging units Perhaps more importantJjofthe h()telunits lost (including the 150 units to be demolished at the Grand Aspen)lwete in the economy-to-rnoderate categories while all of the Ritz/St. Regis rooms are inIhe deluxel1uxury category. . Similarly, an "Aspen Area Pillow Count Survey" was completed by the Aspen Chamber Resort Association (ACRA) and Aspen Central Reservations!in.}.1archof1999. Said sUrvey included the. following . findings (quoted from a Diane ~oore memorandum to the ACRA Board of Directors dated March 2, 1999): ~ "..the number of pillows~vailabl~ for s~ortterm occupancy have decreased over the past few years by apJrOJiirnatelyl00-200 pillows. While.. [their information] reflects that 393 pillow~ (economy properties) have been lost, there have been some gains in the nurriber of pillows via property management companies, specifically with the rel1.ta.l 'of single family homes The loss of 393 pillows is significant because these!rodmswere probably more accessible and affordable than IT a single family home rent,al." ~ "Conversations with lobal. property management companies indicate that the I.. .., owners of condominium~. ar~ reducing the number of days that their condo's are available for short term Jacationrentals." ~ "All of the properties thdthave been converted from lodge use to another use were ! economy properties" i I' I Mountain Chalet Application i 'i Page 25 I , , I, <AJ ,_.,' .. ..... ".,," -','.".:',-, '.;,':,:':.::'/...":::u.'.""/",..'..:-::..,'.'.:.:....,.::.;""..'.,' ~ 'There is increased pressll~etoconVertolder,' econ~my properties' to affordable housing units due to the sttong need for employee housing." ~ "Only a few properties, sJchast~eL'~uberge de Aspen and the Beaumont Inn, have added rooms to theIr properties (total of 16 additional pillows). Both of these properties are consi~ered moderate lodging:" The above-described aJyse~ explain significant changes in conditions affecting the community and which suppoH th~. ~rop~sed arnendment.. Inasmuch as the proposed rezoning will ( a) support the coJtinued viability of the Mountain Chalet as a small lodge serving the economy to moderat~ cbsttouristlllarket, and(~) prevent its conversion to another use, the proposed amen~me~t is a necessary step toward counteracting the trend , of the 1990s resulting in significant losses to Aspen's small lodge and economy/ moderately-priced tourist bed ba~e. . I Whether the proposed Jem.lme"twould be in conflict with the public interest, and is in harmony with thd purpose and intent of this title. The narratives providedl iJ1'reSponse<t6' the pr~vious review standards for a rezoning have provided more th~~.~ufficientevidence as to why the proposed amendment is in harmony with the public inier~st aswellas the purpose and intent of the Land Use Code. For instance, the "purJcse" of the Lodge Preservation Overlay zone includes providing "an incentive for 'hjJgrading existing lodges on-site or onto adjacent properties." The LP rezoning1will enable the on-site expansion and upgrading of the Mountain Chalet. In this way, ~he proposed amendment is in perfect harmony with the purpose and intent of the Reg41<ltions, in general, and the Lodge Preservation zoning, specifically. In addition, it has ~een repeatedly recognized that the provision of housing for employees in Pitkin Countykncl Aspen is in the public interest and is in harmony with the purpose and intent of the IR~gulations. The proposed amendment will foster the creation of additional, deed resthcted housing for employees of the lodge. I . B. GMQS Exemptions I> 1. Section 26.470. 070(ih, i~dgeE'reservati()nGMQS Exemption I . Section 26470070(M) .'defines, a~thorizes, and regulates the process for . exempting certain types of de~efopment in the Lodge Preservation (LP) Overlay Zone District from the competition a~d 'scoring procedures of the Growth Management Quota System (GMQS). According t4 said Section, development of properties zoned with an LP overlay to increase the number;of'\odge units and the number of affordable housing units M""",,", Ch&ct Appli,""", r "'" 26 i I L F i , , c' I I . . shall be exempted from the GMQS scoring competition procedures, provided thatthe Planning and Zoning Commissidn determines, at a public hearing, that the following criteria are met. I . . (1) The proposed developmejis20~sisten{lviththeA;peh Area Commuhity Plan. Please refer to the respot)r()Vided.fClr the same standard under the Rezonillg portion of this application, above.''' (2) The proposed developmeJlsco111Patible with the characterofexisting land uses in the surrounding area ctnd with. the purpose of the Lodge Preservation (LP) Overlay Zone District!;}l).> .. ...i>>. ......, ..>> >.. . . ...... " ..... WIth regard to the proposed development's compatibIlIty wIth the character of existing land uses in the surro4n?ing. area, . please refer to the response provided for standard "c." of the Rezoning p1ortJon of this application, above. In general, please refer to the Rezoning portion of this1appJication, above, since the responses provided for the 1 standards of Rezoning combine to address all aspects ofthis criterion. The "Purpose" of the Lpl8Jerlayzone District is, in relevant part, to 'provide for and protect small lodge usesl.... to permit redevelopment of these properties to accommodate lodge and afjorddble'housing uses, to provide uses accessory and normally associated with lodge and afjoFd~blehO~Sing development, to encourage development which is compatible with the neighborhood ... and to provide an incentive for upgrading existing lodges on-site or ontol adjacent properties. " If not for knowing better, the language of this "Purpose" statelneht would seem to have been written with the Mountain I. Chalet expansion proposal specifically in mind. I I 1 .. . . . That is, the proposed lodge expansion and affordable housing development is being undertaken specifically aJ a~eal1s of protecting the future of the Mountain Chalet and, thus, its small lodge ust The proposed development's compatibility with the neighborhood has been address1edabove, and the proposal involves the upgrading of an existing lodge on-site. Therefo~e, the proposed development is fully compatible with the purpose of the LP Overlay Zonh:>lstrict. (3) Employee housing or lh~zn-lteU will be providedt; mitigate for additional employees generated by the development or to mitigate for the demolition of multi-family housing, as required by section 26.530. This shall include an analysis and credit for e~isiing employee generation and the incremental impact I . 1 Mountain Chalet Application I Page 27 ~ . ,.,' I "'J> I 1 I I between the existing del;,elopment and the proposed development. A recommendation from the' Aspen/Pitkin County Housing Authority shall be consideredfor this standard . I I No multi-family housing Jnits will be demolished The new lodge units will be operated as part of the Mountaib.s?al~t,~nde~ the..sa~e ma~~?~~e.~~and using the existing facilities and employee{..II1a,"EC()1"1~I1C~With th~~R90~~!l1'l.g~rd, employee generation impacts are to be reviewedonthebasis of incremental Change: The Housing Office has led a generation factor of 0.245 employees per lodge . room to evaluate the expected em~loye~hO~Singneeds ofIodgeexpansion proposals, and requiring that 60% of the employees generated be provided with deed restricted affordable housing. For instance, this eJ1l~loyee generation factor was usee! in evaluating and approving the Boomerang LodgJ expansion a~d the St. Montz lodge expansion. The proposed expansion of the Mountain Chalet loe!ge involves a net gain of sixteen lodging units. Thus, based on the factors'just described, the expansion will theoretically generate I 3.92 new employees (16 x 0.245)' With a requirement to provide housing for 60% of the employees generated, the developlnettwillneedto house 2.35 employees (3.92 x 60%). I i Since the review of the Boomerang and St. Moritz expansions, the Housing Office used a higher employee generatidn factor of 0.4 employees per lodge room in evaluating I" . the Hotel Aspen expansion application. With the 0.4 employees per room factor, the mitigation requirement was still'e#~plished ~ased on ~. ~e:d t? house .60% of the employees theoretically generat~d. I Thus, based on this higher factor, the proposed I expansion will theoretically gener~t~.6~newemployees (16 xO.4). With a requirement to provide housing for 60% of the elnpioyees generated, the development will need to house 3.84 employees (64 x 60%).1 In reality, very few emPlo~ee~ will be generated by the expansion since the existing employees will help to service the new units There ""ill be no change in front desk, management, or administrative p~rsonnel. One new maid may be needed to service the additional units. There may be sbrri~added maintenance e!uties and some additional time may be incurred by the kitchenl.statf forthe ~orning breakfast and apres-ski service. However, the current maintenan~e person and food service employees are working part- time and can pick up a few additifna1h~urs, ifneeded 1>,<> ". ." ........ .... . Nevertheless, the applicant will be providing housing for much more than 60% the I. . . incremental increase in employment that will theoretica.lly result from the proposed I Mountain Chalet APPlicationi Page 28 I [. i i I 1 I expansion, even using the higherlstabardOf Cl4 employees generated per lodge room. That is, three studio employee hbusing units and two one-bedroom employee housing units are proposed as part of the1reclevelopedeast wing. Gi\lelltheir location within the lodge and the proximity to custom~rs; the deed restricted units will be rented to employees ::s~h~e~:~dn:~ne~;~~~n%r fJhh~1Ct~:~~;e:hZ~JI~otNthe::::~dsir:~.~~:~i~I~~~ t~~ lodge but still own an apartmenltherein. this is consistent with the recent approvals granted to the Hotel Aspen. .1;; ..... .' I. ! All five of the new emPlote~lihits ~illbe deed restricted in accordance with the Housing Guidelines, providing cr~dit for housing 1.75 employees per one-bedroom unit and 1.25 employees per studiodnit.. This means the. applicant will be providing new housing for a total of 7.25 empldyees ([1.75 x 2] + [1.25 x 3]). The provided housing equates to over 117% of the en1ployees generated by the expansion, or approximately double the amount of housing req~ired I'ut another way, the proposed mitigation is more than 195% of that minimally requ&ed' I: I ; As shown on the floor pl~ns, Employee Apartment 1 is a studio unit containing approximately 380 net livable sqJare'feet Employee Apartment 2 is a one-bedroom unit I with approximately 450 net livable square feet Employee Apartment 3 is a studio unit with roughly 365 square feet of Aetlivable area Employee Apartment 4 is also a studio unit, but with approximately 3915 square feet of net livable area. Finally, Employee Apartment 5 is a one-bedroom unk~ith some 700 square feet of net livable space. Based on size, the Hout~JGuiclelines would typically require that Employee Apartments I, 2, 3, and 4 be deedrestrictedtothe Category 1 or 2 level, while Employee Apartment 5 be deed restricted {Clthe Category 3 or 4 level. Such limited restrictions would be too confining for the subject case. Instead, the category designation for each of these units needs to accommo~ate the salary levels of the Mountain Chalet lodge employees who need to be houJed'tl1erefClre, the applicant requests that it have the ability to, from time to time, abjust the categories as necessary to accommodate the income levels of the employees Ito be housed. This, too, is consistent with the recent approvals granted to the Hot~r Aspen. '. Regardless of the time-to-time category I . designations, rental of the uriits will comply with the APCHA minimum lease requirements. I I I Mountain Chalet Application i Page 29 ..1 I I i : t, I I I I I I I Over and above the fivJelnployee housing units proposed as part of the redeveloped east wing, the applicant owns and'maintainstwdve units ,(with sixteen bedrooms) in the old Kitzbuhel ~?dge which he uses to house many of his employees These units are not deed restricted, nix are they being offered as a means of meeting any permanent housing requirement~.dssociate? witri,theexpansion pr?posedherein Neveltheless, these writs will c4till~e to be available to employees of the Mounfain Chalet, including any "generated" by its expansion. i Recognizing that the pro]5bsed9mPI~yeehOuSingUnit~ wiUhe built in the second phase of the expansion, the applilcant is prepared to mitigate the incremental employee generation attributable to phase oJe()fthe proposal by temporarily deed restricting a one- bedroom unit in the Kitzbuhel Lodge. Phase one involves the addition of eight new lodge units. Given the substantial discf&pahcy between the employee generation factor used in reviewing the Boomerang LOdgeJnd~t Moritz expansions as compared with that used in the review of the Hotel Aspen ekp~sion, it would seem fair that a one-bedroom unit housing 1.75 employees be accep~edastemporary mitigation of the phase one expansion. That is, phase one could be exptc;tgd to generate a housing mitigation requirement of between 1.18 employees and 1.92Ielllployees, or an average of 1.55 employees. I, ". o . . i It is proposed that a one-b~drbo~uriitatthe~it~bYrel~Odgebed6ed restricted in a manner consistent with the t~rm's described above with' the caveat that the deed restriction be permanently dissolvbd when a certificate of occupancy is issued for the on- I" . ,'.. .... site housing to be developed durIng phase two of the Mountain Chalet expansion. This will provide housing for 1.75 erilployees until phase two is completed. The difference between 1.92 employees and 1. 751 employees (0.17 employees) will be more than made up for when the five employee units dt phase two a.re completed and occupied. (4) Adequate parking spaceslm~publicfClcilities exist, '-.viii be provided for the development, or that adeqUate mitigation measures will be provided. An existing deficit of required parking kay be maintained through redevelopment. The Land Use Code re~uires07 parking spaces perlCldge bedroom unless otherwise established via PUD reiiew: In the subject case, the number of required parking spaces for the proposed lodge andaffordable housing uses need to be established pursuant to Section 26.445, as part ofthe~tID re~iew. . J. I. , Parking for the existing lo&ge'is located primarily below grade in a garage. Access , to the sub-grade parking garage i's gained via a ramp off South Mill Street. The vacated I.. ,. I . . . .' Mountain Chalet Application I Page 30 .1 , ':! , , Dean Street right-of-way servelis;access the St. Regis Hotel and as a loading/unloading area for the Mo~ntain Chal~t. There is also parking for. four vehicles and two loading area spaces, all of which serve the Mountain Chalet and are located in a designated area off the vacated De~nStr~~t right~of-w~y.' Ar;~ther loading area space (or the Mountain Chalet is deSignatedill'fr~~;.?ttt~ lodge,.o~ .f)~~~nt. Avenu~ Additi?n~I on-street parking is available to I the publi~ o~ Duran,t. Ayel1l.je. In total, the lodge maintains thirty-seven off-street paki~g spaces and three loading spaces. I . , Vehict!lar aCgess to parkinifortheMountain C;hal~twill continue to be gained via the parking garage entrance rampl off South Mill Street. The loading areas on vacated Dean Street and Durant Avenue wlllcontinue .to exist intheir culTent condition, as will the diagonal parking area on Dean Strbet ,~cc~~~ for. trash. pick-up is' and will continue to be from top part of the parking garagb ral11pon South Mill Street. Snow removal along both Durant and South Mill is already 'ha~c1lec1bythe City and will continue as such. Snow , . removal on Dean Street is handled by the St. Regis Hotel, and the applicant maintains an agreement ensuring that this arrankerrient will continue. All sidewalks will remain in their current configurations, except thep\lrant Avenue sidewalk \ViIl be improved as part of the development's third phase in ordet to provide a level grade I,.'.::i i., The Mountain Chalet' s thirt)'~seven existing off-street parking spaces for its fifty- five lodge bedrooms, results in anbff-str~etgarking to lodge bedroom ratio of 0.67 spaces per lodge bedroom. This ratio d~creases only slightly to 0.52 spaces per lodge bedroom with the proposed addition of sixderiheW' foc1ge~niis, aIldto049 when the five employee I . housing units are included. No ad~itionaf off-street parking is proposed as the combination of the existing parkihg iot, the designated head-in spaces on vacated Dean Street, the ability to issue resid~ntial. parking permits, and the on-street spaces in the 'I... adjacent streets provide more th~llenougl1 parking. Further, the applicants believe the 0.49 spaces per bedroom (inclu4ing ell1ployee housing) will prove to be more than adequate, particularly in considera~ion of the following. i: The ratio of existing off-st'reet parking spaces to existing lodge bedrooms is based on thirty-seven spaces for fiftY-fi~~bedrooms, or 0.67 spaces per bedroom. With the addition of sixteen new lodgin~ bedrooms, the ratio decreases to 0.52 spaces per bedroom, and further to 0.49 sJacespet bedroom with the inclusion of the employee I housing units. While this may at first appear low, it must be considered that the 0.7 spaces I, per bedroom requirement has alw~ys'been understood to include the provision of parking for accessory uses including reJtaurants, bars, salons, convention facilities, etc., and I I i Mountain Chalet Application Page 31 "1' I I i I I , I represents a uniform requirement f~gd~dleSsoflocation. Only limited accessory uses exist and these are not proposed for e~pJnsion. Moreover, the subject site is conveniently located with respect to downtown,lev:n1 rOfllms (music concerts), and transit. To employ the same parking to bedroom rati()l~s~~~Id~~ used for ~()telssuch as the St. Regis (with its restaurants, multiple bars, cO?V7hti~p facilitie~,s~~ps,etc) ....~~...the..lnn . at . Aspen (lo-cated at the base of Buttermilk) 'woUld be irtatiohiil. It is also illlPtjttanf to factor in the following additional considerationsl. I The need for off-street plrklhg i~ larg~lya.li~~iatedbY the Mountain 'Chalefs location, which is across the strebtfrolllboththe~ubeYPdrk Transit Center and the . commercial core. Free bus servic~ is ayail~ble ()n a r~gular basis to and from the airport, the three ski areas that are not within walking distance, the music tent, the Maroon Bells, and various other locations. Th~re t~ ho need for customers to have a vehicle at the Mountain Chalet, but for those who do rentor 6therwise arrive in their cars, the thirty- seven existing spaces owned by t.~e lodge, cOlll~ipecl with the ability to issue residential parking permits for nearby spa~b~!~pd the. exist~pce .of hupdreds of spaces on the surrounding streets, have and will.. ?ontinue t~ PrQve. lllore than adequate. In addition, residential parking permits are av~ilaple through the City for employees of the lodge as well. i I Approval of the proposed IpI~~~illpr06Jtethl"AA.ch,,,transP()rtation Action Plan," which includes the follbwing statements: "..reducing dependency on the automobile requires offering alte~nahves both for automobile use and storage and other I means of transport;" and, "See~ to. balance public and private transportation . . . by increasing the number of available transportation choices." By limiting the amount of available off-street parking to tho~e ~pJc~scurr6htly existing, guests ofthe lodge will be . encouraged to utilize these alter1a:tlyerheans of trapsportatioh . to the maximum extent practicable, thereby forwarding' the community goals expressed in the AACP. Furthermore, ownership of vehibles by those employees that wilI be housed in the proposed on-site units will be gredtly discouraged. I . I.' .... The proposed expansion is occu~ing almost co~pletelY in an upward direction. This is because the existing structUreocclJpies alrhost all or the land area available on the property. As demonstrated abov~: theproposedexPdnsion is in complete harmony with the purpose of the Lodge Preserv~tip!n~gIl~~istI1~t, ~d thelllain goalorthe LP program was to enable and ensure the con\inued viability of Aspen's small lodges by providing the ability to expand. Surely, the ability'to protect Aspen's small lodges was never intended Mountain Chalet Application I' Page 32 I I i i I I I I (i:.J I I I I , to be directly limited by the abilitt ifprbvicle off-street p~rl<ing< After aU, the AACP seeks to limit the dependency of' Aspen's resiclents and guests on the automobile and suggests that disincentives to th~ude oIautomobi1es beimplementecl as a means of furthering thIs goal . .. . ..I!!/;>i;ii)i.i;...... ......i;.;ii.i......i! Given the purpose of the Lt' zOne diStl-i~itlrd progtam ancl the~oaJs ofi!J.eMCf', . it would be an unfortunate contrddictic)fi to deny the ability. of the Mountain Chalet to expand as proposed herein becausd or'a parking shortfall. That is, especially in light of the mitigating circumstances describeda~Qye(loqltiC)fi, convel1ience of public transportation, and availability of on-street parkink), 'it would be a shame to allow automobile usage and parking to dictate and compromis1e this proposal's ability to further the goals of the LP I program and the AACP'lr.. 1'-'-" L....::.-:...:', (5) There exists sufficient G,MQS allotments. toaccomm()<late the proposed development and the allotments are deducted from the respective Annual Development Allotment ahci..Metro Area Development Ceilings established pursuant to Section 26. 470.b50. I. Based on a January 30, 1061, conversation with Aspen's Senior Long Range Planner, Chris Bendon, the appliJa~t~. ~nderstanclthat a t~talof twenty-nine LP tourist accommodation allotments are cJrrehtly available. . The p~oposed . development requires only sixteen LP tourist accommb~atio~/ allocations Th~ref?re, there are mo:e. than enough allotments available to ~bc?lnmOdattlt~e.proposeddtlvelopment Pursuant to Section 26.470.070(1) of the ReJlations, the three proposed affordable housing units are exempt from the GMQS scoring a.ha competition procedures. I/i 2. Section 26.470, 070(J), Afford~bleiIousing GMQ.S Exemption I ,.... .. ... Section 26470.070(J) of~h~l~.egulations provicle~ tIlat,"All affordable housing deed restricted in accordance with'the~ousing guidelines of the City Council and its housing designee shall be e1empt [from the GMQS scoring and competition procedures]" Review is by City touncil. TIle section goes on to state that, I The review of any requestXr exemption of housing pursuant to this Section shall include a detemlination of the City's need for such housing, considering the proposed development's co'mpliance with an adopted housing plan, the number of dwelling units proposed aha. their location, the type of dwelling units proposed, specifically regarding the I number of bedrooms in each unit, the size of the dwelling unit, the rental/saie 71l1x of the proposed development, and the proposed price categories to which t~e dwelling units are to be deed restricted I' .. I I I I I I Mountain Chalet Application Page 33 ~ ../ I I I I I I. The City is certainly in 4eed of affordable housing, not only to mitigate the proposed development, but to hglp 'meet tl1esl1ortfal(ofaf1'ordablehousirig available throughout the community. TheJropOs~dde~~iopirieni: bOlTIpli~s withtlie"Aspen/Pit1dri County 1999 Affordable HOuSing?~i?elig;s.".FiveeT~IOyeed\\,elling units are proposed on the project site,. as desgibed ilith.e'\~2eg;oin~. .E')7~ l!~it\\,.ill ,~e .<ie~r5.st~ed 011 a case-by-case basis to match the iJcorhe level of the lodge employee to be housed. For more elaboration of the proposed Jmployee housing, please refer to the narrative provided in response to standard 3 of Sectioh 26470 070(M), above. IT" "" ...... , C. Planned Unit DevelopmeJt (l>UI>) I I ,.T'>.. ,.. ...... . , In accordance with Section 26.445.030(B)(3) of the R.egulations, due to the i., .....> limited extent of the issues involved, a development application requesting approval as a' I.", Planned Unit Development on a parcel of land located in the Lodge Preservation (LP) Overlay Zone District shall be probessed pursuaritto the t<~~ms and proced~res of Minor Planned Unit Development reviewl(Niin~r PUo)'TJ1is two-step process does not require approval of a conceptual develo~fuent plan, but . only review and approval of a final . development plan by the Planning a.rid Zonirig Commission and the City Council, with public hearings occurring at both. I 1. Section 26.445.040, Genb~~Privfsions I:T"....,. '" '. ""T>> Section 26.445.040(A) holds dlat the land uses permitted in aPUD shall be limited to those uses allowed in the apPlicJbl~'zo~~district i~.which th.e property is located. With approval of the rezoning reque~te~., herein. (LP . Overlay), . the proposed lodge and affordable housing uses will be Jermitted. . No use variations are either requested or required to accommodate the prop&seddevelopment. I...... TT Section 26.445.040(B) statestliat, "Unl~;s6therwise established pursuant to a Final PUD Development Plan, thJ maximum aggregate density shall be no greater than I>.. ...,. .., that permitted in the underlying zone district, considering the inclusions and exclusions of Lot Area, as defined, and the m~'ftdatorydensityr(/duCtiorlsJorslopes . ." The subject site is essentially flat, with a total'ele~ation gaIn of some eight feet from north to south I.. over a distance of approximately 125 feet. Thus, the slope of the site equates to approximately 6.4%. Since all ofttesite isvvitlii~theO-20%. slope classification range, no lot area or density reductions are abplicable. . . . !. i , i Mountain Chalet Application Page 34 Section 26.445.040(C) exp requirements a PUD are to be established withlih~ adoption ?f a :final PUD. development plan. The underlying zone district is to be us~d ~s a guid~ in determining the appropriate dimension for each provision. A description lof 'the proposed dimensional requirements is provided :::;.~:~~~~:',bd'W ~~':r(QS~;~~t0~X""".oY~0l 2. Section 26.445,050, ReV1rw .Sta",11lfrd~,:'kfi";Q,rPTJJ? I Development applications1for Minor Pun must comply with the following I standards and requirements. I A. General Requirements., 1. The proposed develofJ~,'eht shalrz,e consisie~t with the Aspen Area Community Plan. I Please refer to the respon~ep:rovided for the same standard underth~ Rezoning I portion of this application, above. >1 i 2. The proposed developm~nt 'shall be consistent with the character of existing land uses in the surrounding area. I Please refer to the fOllOWi~g: responses provided for standard "C." otth~ Rezoning portion of this application; the responses provided for standard "2." of the GMQS Exemptions portion ofthis1application; SectionII,Proje2tSit~&::Ndgh!Jorllood; and, Section IlL, Proposed Develobrriel1t. I I,: ," ,.:., '" 3. The proposed development shall not adversdy affect the future development of the surrounding area.! " ,,' , . ! The proposed development' will not adversely affect the future development of the surrounding area in any way. Th~ surrounding properties are . 'essentially built out. If anything, positive affects on the Jbtential for future re/deveIopment' of tile surrounding area might occur since any nece~sarYutility upgrades or extensions completed by the applicant would serve to aid in and better facilitate the re/development of the surrounding neighborhood. I . i I I ;f' Mountain Chalet Application I Page 35 I I I I f" -----' 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. Based on a January 30, 2001, conversation with Senior Long Range Planner, Chris Bendon, the applic"nt ,mderstanqs that a total of twellty.nirre LP tourist aGCdmrnodatipn allotments are currently available. The proposed development requires only sixteen LP tourist accommodation allocations. Therefore, there are more than enough allotments available to accommodate the proposed development. Pursuant to Section 26.470.070(J) of the Land Use Code, the three proposed affordable housing units are exempt from the . GMQS scoring and competition procedures. Whether or not to grant the sixteen requested LP tourist accommodation allocations will be decided upon by the Planning and Zoning Commission while they consider their recommendation to City Council with regard to the PUD application. The GMQS Exemptions for the five affordable housing units will be decided by City Council during its review of the Minor PUD. Therefore, in accord with the requirements of this standard, all GMQS allotments and exemptions needed to accommodate the proposed development will be considered in combination with final PUD development plan review. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD ... The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. Please refer to pages 7-14 of Section III., Proposed Development, for an explanation of the proposed dimensional requirements and the rationale behind them. Section III. of this application also includes a description of the proposed dimensional requirement's compatibility with surrounding land uses and existing development patterns. 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 fit/ure land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. Mountain Chalet Application Page 36 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. The proposed site plan's compatibility with eXlstmg and expected (via zoning designation) land uses in the surrounding area has been demonstrated throughout this application as well as in response to specific, similar review standards associated with the . rezoning and GMQS exemption requests. In addition, the proposed development's compatibility with existing and proposed man-made characteristics of the property and surrounding area with regard to traffic, transit, pedestrian circulation, parking, and historical resources have also all been addressed throughout the preceding portions of this application, particularly in Section III., Proposed Development, and Section IV.A., Rezoning. There are no known natural or man-made hazards affecting the project site. Natural and man-made hazards may affect the properties to the south, but not the proposed development. There are no waterways affecting the project site or surrounding area. Given the location of the site, it is subject to the same solar access patterns as the majority of downtown Aspen (i.e., morning and afternoon sun until the sun begins setting behind the ridge of Shadow Mountain). The angle of this solar access results in shadows cast almost exclusively on the property itself, with very little shadowing on the public right-of-way. This helps to minimize the development's impacts relative to icing of the . street and the sidewalk; that is, very little change with respect to existing shadowing and icing is expected as a result of the expansion. As explained earlier in this application, existing vegetation on the project site is sparse, consisting mainly of that which has been planted within the various planter boxes. It is the Applicant's intention to remove and replace only those trees within the planters that have caliper measurements ofless than four inches. All other trees are to remain. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Satisfaction of and compliance with this standard has been more than adequately demonstrated in the foregoing (please refer to pages 11-12, above). Neither the site coverage nor the open space conditions of the site will not change from those which currently exist. The massing and scale of the proposed development is consistent with that Mountain Chalet Application Page 37 of the surrounding neighborhood. The expanded structure will provide for a more appropriate and complete backdrop to Wagner Park. This will better help to define the . edge of the commercial core and the start of the Aspen Mountain base area neighborhood. 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. . The Land Use Code requires 0.7 parking spaces per lodge bedroom unless otherwise established via this standard. A total of thirty-seven off-street parking spaces are proposed on the project site (no change). The applicants believe the existing spaces along with the on-street parking will prove to be more than adequate. For further . explanation as to how and why these spaces are adequate, please refer to the above- provided response to standard 4., of Section IV.S., GMQS Exemptions. In addition, the commercial core (one block), the Rubey Park transit center (across the street), and Aspen Mountain (15 blocks) are all within easy walking distance. Limiting the amount of available off-street parking to those spaces currently existing will serve as a disincentive, encouraging guests and employees of the lodge to utilize alternative means of transportation to the maximum extent practicable, thereby forwarding the community goals expressed in the AACP. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection. snow removal, and road maintenance to the proposed development. The project site benefits from sufficient infrastructure capabilities to serve the proposed development and, therefore, no density reductions are necessary. All utilities are available to the site and the existing capacities are adequate to accommodate the proposed Mountain Chalet Application r' Page 38 density. Durant Avenue and South Mill Street are City of Aspen public rights-of-way and, as such, are already plowed and maintained by the City of Aspen. Vacated Dean Street is plowed by the St. Regis Hotel in exchange for the Mountain Chalet's commitment to provide maintenance (i.e., chip sealing in the summer); the two hotels maintain an agreement to this effect. The Aspen Fire District station is a mere three blocks from the project site, which is served with ample" existing hydrants and is already within the fire protection district. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically. the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudjlow, rockfalls 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 hannful disturbance to critical natural features of the site. The project site is suitable for the proposed development. Indeed, it is already developed and the proposed expansion will not consume much additional land. It is essentially flat, and all of its area is within the slope classification category of 0-20%. As such, very little addition impervious surfaces will be created on the property and, therefore, only minimal impacts to the existing drainage conditions will result. Historic drainage rates will be maintained via the installation of an engineered roof drain, downspout and dry well system. Thus, the proposed development will not be detrimental to the natural watershed and will not result in water pollution. No wood burning devices will be installed. Further, as explained earlier in this application, the development will encourage the use of alternative means of transportation such as the busses to/from Rubey Park and walking. This will help to limit the amount of PMIO generation attributable to the development. Regardless, the applicant will be required to comply with all requirements of the Environmental Health Department in connection with the issuance of building permits, and this will ensure that affects on air quality are addressed. Mountain Chalet Application Page 39 All proposed structures will be located on flat ground. No additional driveways, roads, or trails are proposed on the project site. There are no critical natural features on the site, and site disturbance will be kept to the minimum required for construction. 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. It is not clear that the proposed dimensional requirements request an increase in maximum allowable density. The maximum allowable density in the underlying L- TR zone district is regulated via minimum lot area per dwelling unit; otherwise, it is not specifically regulated at all for allowed uses such as lodges (so long as the lodge units do not include kitchens). The proposed dimensional requirements, by contrast, will allow one lodge or residential bedroom per 245 square feet of lot size. Since these address density through differing means of measurement, they cannot be truly compared. For this reason, it is not clear that the proposal represents an increase in allowable density. Nevertheless, the discussion regarding the proposal's consistency with the goals and objectives of the AACP clearly demonstrates that the project will serve to advance many goals of the community, not the least of which address small lodges and affordable housing (see response to second review criterion for Rezoning). Also, as demonstrated in response to the two previous criteria, the site is physically capable of supporting the proposed density. Finally, it has been demonstrated throughout this application that the proposed development will be compatible with and complimentary to the existing and expected surrounding development patterns, land uses, and characteristics. C. Site Design: The pwpose 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 Mountain Chalet Application Page 40 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. The site does not presently contain any unique natural or man-made features that provide visual interest or a specific reference to the past, but Wagner Park and the Silver . Circle Ice Rink are both located directly across the street from the subject property. The Mountain Chalet will maintain its existing street orientations and architectural style. As the proposed elevations demonstrate, the building will continue to exhibit and provide an excellent example of the Mountain Chalet style, circa mid-twentieth century design. The roof pitches will be maintained, as will the patterns created by the horizontal wood siding, balconies and shutters. The "Chalet" style detailing will be continued onto the redeveloped east wing as well as the new fourth and fifth floors. The perceived mass will be broken up by the inclusion of several gable ends, many balconies, and a change in exterior building materials between the lower and upper floors. The peak ridge height is reached in only two small areas that are set back in the center of the structure. The structure's height will be significantly less from the Dean Street side due to the higher grade existing on the south side. Designated and protected view planes from the Wheeler Opera House will not be affected, and views from the . commercial core to Aspen Mountain will not be compromised. In fact, little other than the St. Regis facade will be obstructed. Further, the proposed overall height of the Mountain Chalet will be similar to, but still lower than, that of the St. Regis. Moreover, the heights proposed herein will be perceived as significantly lower than the height of the St. Regis and the hotel proposed for replacement of the Grand Aspen since both of these sites are located substantially higher up the hillside created by the base of Aspen Mountain. The existing Mountain Chalet lodge was constructed in multiple (1 1) phases over a period spanning some forty-one years. As a result, the existing design is somewhat disjointed, with a four story west wing next to a two and one-half (2.5) story center and east wing. Architectural detailing is not consistent on all sides, and a feeling of refinement is lacking. The completed expansion will provide an overall balance to the structure. The expanded structure will provide for a more appropriate and complete backdrop to Wagner Park. This will better help to define the edge of the commercial core and the start of the Aspen Mountain base area neighborhood. Mountain Chalet Application k Page 41 2. Stn/ctures have been clustered to appropriately preserve significant open spaces and vistas. Only one structure exists on the property and no additional structures are proposed. Nevertheless, as explained in response to the previous standard, the peak ridge height of the expansion is clustered Into only two small areas that are set back in the center of the structure Please refer to the response provided for the previous standard for greater elaboration on the proposal's effect on vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or n/ral context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Again, please refer to the response provided for standard C.l., above. 4. Buildings and access ways are appropriat.ely arranged to allow emergency and sen,ice vehicle access. The site is surrounded on two of its four sides by public rights-of-way, and by a . private street on its third side. Emergency vehicle access will be continue as is, primarily from Durant Avenue and vacated Dean Street. The structure is and will continue to be accessible for fire protection. Service and delivery vehicles will continue to use the existing loading areas on vacated Dean Street and Durant Avenue. The trash area will remain in its current location, just off South Mill Street at the top of the garage ramp. 5. Adequate pedestrian and handicapped access is provided The existing detached sidewalks will be maintained around the structure's east, north and south sides. All sidewalks will remain in their current configurations, except the Durant Avenue sidewalk will be improved as part of the development's third phase in order to provide a level grade. The improvement of the Durant Avenue sidewalk will greatly help with handicap access. The handicap accessible ramp along the side of the garage ramp will be rebuilt as part of the expansion and will continue to comply with ADA specifications. The elevator access to the upper levels will be maintained throughout the expansion processes The two handicap accessible rooms (units 108 and 110) will' . continue to comply with ADA specifications. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Mountain Chalet Application Page 42 Again, the project site IS already developed and the proposed expansion will consume very little additional land. As such, only minimal additional impervious surfaces will be created on the property and, therefore, negligible impacts to the existing drainage conditions will result. Regardless, an engineered roof drain, downspout and dry well system will be installed to ensur\C tl1lli no drlj.itJage related impacts will be felt on surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmaticfimctions associated with the use. There are no detached buildings to accommodate spaces between. Nevertheless, no new outdoor "programmatic" functions are associated with the proposed development. The existing courtyard areas will be maintained. 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 designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. A landscape plan is unnecessary in the subject case. That is, it is the applicant's intention to replace all existing trees located in planter boxes and having caliper measurements ofless than four inches. Otherwise, all existing plantings will be maintained and no additional plantings are currently proposed. 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. Please refer to the response provided for the previous standard. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. For any trees to be protected or otherwise requiring protection, the applicants propose the following methods of ensuring their protection. Prior to construction, all trees to be protected will have orange protective barrier fencing erected which, as a Mountain Chalet Application Page 43 minimum, will be supported by l' xI' or similar sturdy stock for shielding of protected trees no closer than six feet from the trunk or one-half (1/2) the distance of the drip line, whichever is greater. Within this protection zone, there will not be any movement of equipment or storage of equipment, materials, debris, fill, or cut unless approved by the City Forester. During the construction stage, the developer will prevent cleaning of materials or equipment, or the storage or disp6sal of wasternaterials such as paints, oils, solvents, asphalt, concrete, mortar, or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. If these methods are deemed by the City Forester as unsatisfactory or in need of supplementation, the applicant is willing to work with him to arrive at an acceptable plan E. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a buildingfor 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 and 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. The existing Mountain Chalet lodge was constructed III eleven phases over a period spanning some forty-one years. As a result, the existing design is somewhat disjointed, with a four story west wing next to a two and one-half (2.5) story center and east wing. Architectural detailing is not consistent on all sides, and a feeling of refinement is lacking. The completed expansion will provide an overall balance to the structure. The expanded structure will provide for a more appropriate and complete backdrop to Wagner Park. This will better help to define the edge of the commercial core and the start of the Aspen Mountain base area neighborhood. The "Design Quality and Historic Preservation" element of the AACP is intended to "Ensure the maintenance of character through design quality and compatibility with historic features." This PUD review standard seems to have the same intention. The architecture of the existing Mountain Chalet lodge has been described as, appropriately enough, "Swiss/Mountain Chalet," and it is one of the structures that contributes to the Mountaiu Chalet Applicationt Page 44 eclectic design quality and small-town uniqueness of Aspen. The expansion will maintain and enhance this design quality in the area at the base of Aspen Mountain. The proposed layout of the new lodge units and their architecture have been specifically designed to be fully compatible and consistent with the existing design. This will ensure that the architecture represents a character suitable for and indicative of the intended use. 2. IncOlporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access. shade, and vegetation and by use (jf non- or less-intensive mechanical systems. There is an existing, outdoor swimming pool and hot tub, both of which are partially heated with power generated from the six solar collectors on the roof of the building's east wing. If practical, the applicant intends to reinstall the existing solar panels or replace them with new ones after the expansion is completed. The reinstalled or replaced solar panels would be moved to the center portion of the building, facing Dean Street in order to make them less visible from the surrounding public streets and sidewalks. All existing and created sub-grade spaces benefit from natural cooling. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. The functions described in this standard are already accommodated by the existing lodge and will continue to be facilitated in the same manners as presently employed. FLighting: 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 shal/ be accomplished: 1. AI/lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. No exterior lighting beyond that currently existing is proposed. Nevertheless, the development will comply with Section 26575.150, Outdoor Lighting, of the Regulations, and specifically with Section 26.575.l50(E), Non-Residential Lighting Standards (including mixed use projects). Compliance with said section will ensure consistency with this PUD review standard. No lighting of site features or structures is proposed, and no lighting will cause direct glare on or hazardous interference of adjoining streets or lands. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of Mountain Chalet Application Page 45 site jeatures, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited jor residential development. Please refer to the narrative provided in response to the previous standard. G. Common Park, Open Space, or Recreation Area: If the proposed development inch/des a .common park, open space, 'Or recl't!dliofJ area jor the mutual benefit oj all development in the proposed PUD, the jollowing criteria shall be met: I. The proposed amount, location, and design oj the common park, open space, or recreation area enhancesthe character oj the proposed development, considering existing and proposed structures and natural landscape jeatures oj the property, provides visual reli~f to the property's built jorm, and is available to the mutual benefit oj the various land uses and property users oj the PUD. No designated parks, open spaces, or recreation areas are proposed as part of the PUD, rendering this standard inapplicable. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not jor a number oj years) to each lot or dwelling unit CJWner within the PUD or ownership is proposed in a similar manner. No common park or recreation areas are proposed. 3. There is proposed an adequate assurance through legal instrument jor the permanent care and maintenance oj open spaces, recreation areas, and shared jacilities together with a deed restriction against fi/ture residential, commercial, or industrial development. No such areas are proposed; thus, there is no need for a deed restriction against future residential, commercial, or industrial development. H Utilities and Public Facilities: The purpose oj this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public jacilities associated with the development shall comply with the jollowing: I. Adequate public infrastructure jacilities exist to accommodate the development. Please refer to the responses provided for previous standards related to infrastructure. Connections to public water and sewer will be made and the respective capacity of these services will not be exceeded. Historic drainage patterns and rates will be maintained. Mountain Chalet Application Page 46 Impacts on parks and schools will be minimal as most of the development is comprised of tourist accommodations. Only three affordable studio dwelling units and two affordable one-bedroom dwelling units are proposed for use by employees of the lodge, and these will have negligible affects on schools and parks. Given the one bedroom or smaller size of these units, it is not at all likely that school age children will be living on site. Park lands are plentiful in theneigbborhood, With Wagner Park, Bass Park, Paepke Park, and the Silver Circle Ice Rink all located nearby. These parks and Aspen Mountain all maintain more than enough capacity to adequately serve the proposed development. The roads serving the project site are already plowed and maintained by the City of Aspen. The site is located on a public street, making it easily accessible for emergency medical services and fire protection. The introduction of sixteen new lodging units and three affordable housing units will not result in demands exceeding the capacity of any public facilities or services. 2 Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. While no adverse impacts on public infrastructure are anticipated, the applicants will bear the costs of any necessary connections, upgrades, and line extensions. Pursuant to Section 26.610.020 of the Regulations, park development impact fees for the new lodge bedrooms (but not the affordable housing bedrooms) will be due at the time of building permit issuance. 3. Oversized utilities. public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. It is not believed that any over-sizing of utilities will be necessary, but if such should be required, the applicant will be glad to be reimbursed. In the event that utilities have been oversized in connection with other developments in the area and an agreement . for reimbursement is in place, the applicants will pay their proportionate reimbursement fees for connection to such facilities. 1. 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: Mountain Chalet Application Page 47 1. Each lot. structure. or other land use within the PUD has adequate access to a public street either directly or through and approved private road. a pedestrian way, or other area dedicated to public or private use. Each unit of the proposed PUD will have direct access to the adjacent streets via the various exits from the lodge. 2. The proposed development, vehicular access points, and parking arrangement do not create trqffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Discussions relative to vehicular access, parking, and traffic have been provided throughout the foregoing portions of this application, and said discussions have adequately demonstrated that the proposed development will not create traffic congestion on the roads surrounding the property. The property is surrounded by streets on three of its four sides. The surrounding streets can accommodate the proposed development without any need for further improvement. J Phasing of Development Plan. The purpose of these 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 mitigdted adequately. Ifphasing 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: I All phases. including the initial phase, shall be designed to fUnction as a complete development and shall not be reliant on subsequent phases. The applicants propose three separate phases to complete the development of the PUD. The division of construction into three separate phases is absolutely necessary for the applicants' ability to finance the project. Phase one involves fourth and fifth floor additions in the central portion of the structure. The phase one addition will accommodate the development of eight new lodge units on the fourth floor and a new lounge on the fifth floor. Phase two includes the demolition of the building's existing two and one-half (2.5) story eastern wing and its redevelopment with four stories of lodge rooms and sub-grade/garden level employee housing The phase two eastern wing will house seven new lodge units on each of its four floors, as well as five employee dwelling units in the sub-grade/garden level space. Phase three will involve only the remodeling of the lobby and common area spaces on the first and second floors, and improvement of the Durant Avenue sidewalks. Mountain Chalet Application Page 48 Each of the first two phases will function independently, as a complete development when concluded. All necessary facilities and staff are already in place and will be maintained throughout the various phases of development. When phase one is completed, the lodge will function as normal. Phase two will be a bit more disruptive to Operation, but since it itWqlves a dis~itlct wing of th<llodge, th,et.maffected portions will .be able to go on operating as usual. Phase three will require some interim measures, all of which will be easily accommodated within the existing structure and during the off season. 2. The phasing plan describes physical areas insulating, to the extent practical. occupants of initial phases from the construction of later phases. Please refer to the response provided for the previous standard. Potential occupants of the initial phases will be made aware of when subsequent construction phases will commence, and will have the choice of whether or not to use the affected unites). 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact ftes andfees-in-lieu, construction of any facilities to be used jOintly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. The proposed phasing plan will be described in detail and guaranteed via the PUD Agreement. The only applicable impact fees will be those associated with Parks, and said fees are required, and thusly guaranteed, at the time of building permit issuance. Building permit and PUD Agreement requirements will also guarantee any necessary improvements to public facilities. While the proposed affordable housing units will be built in Phase 2, it can be argued that the eight new rooms of Phase I, through its association with the existing Mountain Chalet lodge, will not generate the need for any employee housing. That is, no new employees will be needed to service the eight additional units since existing housekeeping, front desk, maintenance, and administrative staff will be more than adequate. Still, it is proposed that a one-bedroom unit in the Kitzbuhel Lodge, owned by the applicant, will be temporarily deed restricted to mitigate for the minor employee generation impacts theoretically attributable to the phase one expansion. (If Phase I is not permitted to occur as requested, it is possible that none of the development will ever be constructed, including the affordable housing element.) Mountain Chalet Application Page 49 D. Mountain View Plane Review Section 26435.010(C) of the Code provides that development within designated mountain view planes is subject to heightened review so as to protect certain mountain views from obstruction, strengthen the environmental and aesthetic character of the City, maintain property values, and enharite the City's tourist industry oy mainfaiilirig the City's heritage as a mountain community. In relevant part, there are established and regulated view planes originating in the north central part of Wagner Park and from the second floor windows of the Wheeler Opera House. No buildings or land uses are allowed to project above the established view planes. The view planes originating from the above mentioned locales are described to project in a manner which would require a surveyor to determine true applicability. The applicant has not hired a surveyor to make such a determination. Nevertheless, while not certain about the actual applicability, the applicant concedes that mountain view plan review may be applicable pursuant to Section 26.435.050 of the Code; thus, responses to the standards of Section 26.435.050(C) are provided below. Said section states that, "No development shall be permitted within a mountain view plane unless the Planning and Zoning Commission makes a determination that the proposed development complies with all of the requirements setjiJrth below." 1. No mountain view plane is infringed upon. except as provided in Section 26. 435 050(C)(2). [Note: no such Section exists in the Code; presumably the citation is meant to refer to Section 26435.050(B), Exemption.] When any mountain view plane projects at such an angle so as to reduce the maximum allowable building height othenvise provided for in this title, development shall proceed according to the provisions of Chapter 26.445 as a planned unit development. so as to provide for maximum flexibility in building design with special consideration to bulk and height, open space and pedestrian space, and similarly to permit variations in lot area, lot width, yard and building height requirements, view plane height limitations. The Planning and Zoning Commission may exempt any developer from the above enumerated requirements whenever it is determined that the view plane does not so effect the parcel as to require application ofPUD or that the effects of the view plane may be othenvise accommodated. When any proposed development infringes upon a designated view plane, but is located in front of another development which already blocks the same view plane, the Planning and Zoning Commission shall consider whether or not the Mountain Chalet Application Page 50 proposed development will further infringe upon the view plane, and the likelihood that redevelopment of the adjacent stmcture will occur to re-open the view plane. In the event the proposed development does not jilrther infringe upon the view plane, and redevelopment to re-open the view plane cannot be anticipated, the Planning and Zoning Commission shall approve the development. As already stated, it is not absoJutf)ly certain whether the proposed development will infringe upon the designated mountain view planes. This proposal already seeks to use the PUD process to establish the maximum allowable height; however, pursuant to the last paragraph of the above cited standard, it is felt that the Planning and Zoning Commission should approve the mountain view plane application for the reasons enumerated below. The existing Mountain Chalet lodge was constructed in multiple phases (eleven to be exact) over a period spanning forty-one years. As a result, the existing design is somewhat disjointed, with a four story west wing next to a two and one-half (2.5) story center and east wing. Architectural detailing is not consistent on all sides, and a feeling of refinement is lacking. The completed expansion will provide an overall balance to the structure. The expanded structure will provide for a more appropriate and complete backdrop to Wagner Park. This will better help to define the edge of the commercial core and the start of the Aspen Mountain base area neighborhood. The fifth floor portion of the addition occurs in only two small areas that are set back in the center of the structure; otherwise, the predominant form of the building will have a height closely approximating the existing height of the structure's west wing. The protected and designated view plane of Aspen Mountain from Wagner Park and the Wheeler Opera House will not be at all affected by the proposed expansions, nor will views from the commercial core to Aspen Mountain be compromised. In fact, little other than the St. Regis fayade will be obstructed. The proposed overall height of the Mountain Chalet will be similar to, but still lower than, that of the St. Regis. Furthermore, the . heights proposed herein will be perceived as significantly lower than the height of the St. Regis and the hotel proposed for replacement of the Grand Aspen since both of these sites are located substantially higher up the hillside created by the base of Aspen Mountain. To respond directly to the language of the mountain view plane standard, the proposed development is located immediately in front of another development (the St. Regis Hotel). Since Aspen Mountain can be seen from the Wheeler Opera House and Wagner Park, it is not certain that even the St. Regis Hotel infringes upon the designated Mountain Chalet Application Page 51 view planes. Nevertheless, the height of the St. Regis Hotel is such that its upper portions will still be visible from the points of origin associated with the view planes even after construction of the proposed Mountain Chalet expansion (see photo simulations provided herein). Consequently, the proposed development will in no way further infringe upon the view planes than already done by the St. Regis Hotel. Given the relatively recent construction and incredible cost of the St. Regis Hotel structure, it not even slightly likely that it will be redeveloped in a manner that will re-open the view plane, to the extent that the view planes are currently obstructed. Therefore, in . accordance with the language of the last paragraph in the cited standard, since the proposed development does not further infringe upon the view planes and redevelopment of the St. Regis cannot be anticipated, the Commission should approve the development. V. VESTED PROPERTY RIGHTS: In order to preserve the land use approvals which may be obtained as a result of this application, the Applicants hereby request vested property rights status pursuant to the provisions of Chapter 26.308 of the Regulations. It is our understanding that final approval of the proposed development must be granted by ordinance of the City Council to establish such status. It is also our understanding that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. Mountain Chalet Application Page 52 EXHIBITS Exhibit #1: Land Use Application Form Exhibit #2: Pre-Application Conference Summary Exhibit #3: Proof of Ownership Exhibit #4: Letter of authorization for both Haas Land Planning, LLC, Planning Consultants, and Gibson Architects to represent the applicant/owner Exhibit #5: List of Property Owners Within 300 Feet of Subject Property Exhibit #6: Signed and Executed Fee Agreement EXHIBIT # 1 PROJECT: Name: Location: ApPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: LAND USE ApPLICATION i:;:U) TYPE OF ApPLICATION: (please check all that apply): o Conditional Use 0 Conceptual PUD o Special Review 0 Final PUD/PUD Amendment) o Design Review Appeal 0 Conceptual SPA o GMQS Allotment 0 Final SPA (& SPA Amendment) Gt GMQS Exemption 0 Subdivision o ESA - 8040 GreenIine, 0 Subdivision Exemption (includes Stream Margin, Hallam Lake condominiumization) Bluff, Mountain View Plane o Lot Split o Lot Line Adjustment ~ Temporal)' Use Text/Map Amendment EXISTING CONDITIONS: descri tion of existin buildin s, uses, .5.1 I1tllT /65~oV\ ~ ..y~~'( 1./= . o o o o ~ o Conceptual Historic Devt. Final Historic Development Minor Historic Devt. Historic Demolition Historic Designation Small Lodge Conversion! Expansion Other: PROPOSAL: descri tion of ro osed buildin s, uses, modifications, etc. 6~10 gg~ fr b1-1.1llrr/?I~ lL\~ wj Ge,vJj>ID~VlAle"t..u~OIlrrs;. ~V . . FEESDUE:$~ ~e you attached the following? L..6. Pre-Application Conference Summary g Attachment #1, Signed Fee Agreement G? Response to Attachment #2, Dimensional Requirements Form o Response to Attachment #3, Minimum Submission Contents G2I' Response to Attachment #4, Specific Submission Contents G1 Response to Attachment #5, Review Standards for Your Application ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project _fIloilll11>r'..! CAALeT Applicant ~,~ QAuN" Gh-e/ZJ'Pl<"....:.=.. Location: 3~ e, Vu2JaJ"r.4\lle:. Zone District: J.:IR Lot Size (8..1SO~c1ltI~ R:iT Lot Area: ca.e.:. ss Commercial net leas!lsJ.i.: Number of residential units: Number of bedrooms: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in thc Municipal Code.) Existing: Existing: Existing: Z!>. ?:>~d:'Proposed: I2f Proposed: 5S Proposed: ,3.3, bllo So 5 ?-I'" S Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Principal bldg. height Access. bldg. height: On-Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined FIR: Side Setback: Side Setback: Combined Sides: Existing: 233f:.(jAllowable: Z3,4~8]roposed: 33. ~Ib ip~fLlV Existing: 3b' Allowable: 25' Proposed: lJ9'/Pet.Pu.V , Existing: tJhr Allowable:~Proposed:4t!r:.-. Existing:~Required: ~Proposed:_.33;LPertfU\l Existing:. Required: N/A Proposed: N!t\ Existing: ....11% Required: 25% Proposed:~ Existing: 2' Required: ~Proposed:M1110 Existing: Zo' Required: 10' Proposed: 10' Existing: ZZ I Required: ,J/1Jr. Proposed: N/1Jr Existing: 0' Required: 5' Proposed:~ EXisting:~ Required: _5' Proposed: f6lZ..Plli) Existing: cz5 Required: ~/Ar. Proposed: /OJ/A' { Existing non-conformities or encroachments: Il\l~, ~1=~ M~:;~e: ~AAD ~j~~x.Ha&lTjMIlI, % ~ ~j_____i-~~ _iMi>/~oW.tIlG Variations requested: ~E:~OIM~Pll.- ~eo.l(~ '10 ~ 6S17tBU&lteD \Ilk _PU:O R6V1~A.L. . V' Qo5 ~a-r- ItlCWOl! ~em-~, Atlo 61\S8> ~ .~ 171'}.C'/ (1lO"r \lr( ~-). EXHIBIT # 2 CITY OF ASPEN PRE-APPLICA TION CONFERENCE SUMMARY' PLANNER: Nick Lelack, 920-5095 DATE: 1/8/01 PROJECT: Mountain Chalet Expansion REPRESENTATIVES: Mitch Haas, Haas Land Planning, LLC OWNER: Ralph Melville TYPE OF APPLICATION: 2-step. Rezoning to include LPIPUD Overlays. Consolidated PUD. LP Expansion. AH & LP exemptions AH conditional use. DESCRIPTION: Applicant is seeking to expand the Mountain Chalet through a partial demolition and redevelopment. The proposal includes 14 new lodge rooms and 3 new employee dwelling units. The property is currently zoned L/TR and would need to be rezoned to include LP and PUD Overlay Zone Districts. The Minor PUD process will be used to define the dimensional requirements for the new development including parking. Planner suggests the Special Review for AH Parking to be combined, pursuant to 26.304.060(B), with the PUD review. A conditional use review is also proposed to use the AH units for non-lodge employees in the event that the lodge employees do not need the rooms and the lodge wishes to rent them to other qualified Pitkin County employees. Land Use Code Section(s) to Address in Application: 26.304 26.310 26.425 26445 26.470 Common Development Review Procedures Rezoning (for LP and PUD Overlays) Conditional Uses Planned Unit Development Growth Management Exemptions, Lodge Preservation & AH Review by: Staff for completeness. Development review committee (DRC) for technical considerations Housing Authority for AH and lodge employment recommendations Community Development Director for recommendations Planning and Zoning Commission for final LP and AH allotments, conditional use, and special review for parking (unless Applicant chooses to combine with PUD review). City Council for final PUD <ind rezoning. Public Hearing: Planning and Zoning Commission and City Council. Public Hearinl!s require notification to neil!hbors within 300 feet & vostine on the vrovertv 15 days vrior to the hearinl!. A comvleted. notarized affidavit showine comvliance with vublic notification is required to bel!in vublic hearinl!s. Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Streets, Parking, Environmental Health, Building Referral Agency Fees: Engineering (Major: $345), Housing (Major: $345), Environmental Health (Major: $345) Plannin~ Deposit: $ 2,405 (additional hours arebilled at a rate of$205 per hour) Total Deposit: $ 3,440 Total Num~er of Applicatioll: 30 CC = 7, PZ = 10, Staff = 3, Referral Agencies = 10 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. _ copies of submittal package. 7. An 8 Y2' by 11" vicinity map locating the parcel within the City of Aspen. 9. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each of the review standards relevant to the development application. Please include and clearly indicate existing conditions as well as proposed. 10. Copies of prior approvals 11. A written description of proposed construction techniques to be used. 12. For Residential Proposals (Ord. 30): a) Neighborhood block plan at 1 "=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. IdentifY parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). b) Site plan at I" = 10'. Show ground floors of all buildings on the subject parcel, as proposed, and footprints of adjacent buildings for a distance of I 00' from the side property lines. Show topography of the subject site with 2' contours. c) All building elevations at 118" = 1'-0. d) Floor plans, roof plan, and elevations as needed to verifY that the project meets or does not meet the "Primary Mass" standard. e) Photographic panorama. Show elevations of all buildings on both sides of the block, including present condition of the subject property. Label photos and mount on a presentation board. 13. List of adjacent property owners within 300' for public hearing. 14. All other materials required pursuant to the ESA submittal requirements packets. EXHIBIT # 3 Recorded at .......~..:.~.~._. ...........o'elock ..~......M., .............._.~~.~.7_~~.:.:....~~..:....~.~.??...~......._BOOK 306 r~CE 2.2 Reception NO.....1..?~tl!7a...-... ....J.'dJJ.l?..:U.9:g~......_.... ............................._.Recorder. THIs DEED, Made this 26th day of November ,1975, between RALPH P. H:SLVILLE, Husband, and MARIAN MELVILLE, tEfe of the Coanty of Colorado, of the first part, and !lOUNTAE! C!~ALET ENTERPRISES, I!TC., a Colorado corooration of the .- Coanty of Colorado, o'tthe second part, WITNESSETH, That the said part i e s of the first part, for and in consideration of the sum of Ten Dollars (S10.00) anc oti1er good and valuable consideration _________~, to the said part ies of the first part in hand paid by. the. said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the said part y of the secon~, part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part ies of the first part ha ve in and to the following described lot or parcel of .land situate, lying and being in the County of Pitkin and State of Colorado, to wit: STATE r: I FEE Pitki,n and state of NOV 2 PAiD l~....~;:_;_-;::,D::;:_::;;= Pitkin and state of ~~"" All of Lots E, F, G, H and I, Block 84, City and TOWnsite of Aspen, County of Pitkin. State of Colorado, together with all irrproverrents situate thereon, lTOre coI11l:'Only known as the MJuntain Chalet, 333 East Durant, AsJ?€n, Colorado. (Thi.'3 deed is given to correct the description used in a fomer deed between the parties hereto, dated November 20, 1973, and recorded on April 25, 1974, in Book 286, Page 553, of the records in the office of COunty Clerk and Re- corder of Pitkin County, Colorarlo.) -CORRECTION DEED~ Signed, Sealed and Delivered in the Presence of TO HAVE AND TO HOLD the same, together With all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part ies of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part,its heirs !,"nd assigns: forever. IN WITNESS WHEREOF, The said part les of the first part ba ve and seal S the day and year first above written. -<~1if~~4 ~~""".Jt..~~~ ........[SEAL] Marian H. Nelville, I-life hereunto set their hand S .....[SEAL] ...............................................--..-............. .n.. [SEAL] ........[SEAL] STATE OF COLORADO, County of Pitkin }.~ The foregoing instrument was acknowledged before me. this ;:l~ day of November 19 75, by... Halph P. Melville, Husband, and Marian II. .Melville, Nife. .Mr'com~i~sion eXPire~ /7 , 1977 . Witness my band and official seal. .....1110..\~.J....~.~..n. ........N~~.hbii.;:... -It by naturiU person or perllona bere lnllert name or narnell; It by person IlCUDg' In reprellentatlve or ottlclal capacity or 8.11 attorneY-in_tact, then Insert name ot fcerson Ue:ucutor, attornel-1n-tact ot other capaCity or dellcrlptlon: It by ottlcer ot cor- ~~?,:-~~itl~~e~~~~c~1Ts~6~1 ~g~~tJocifetfs~at~'1'ut': ~llNJlI' ent or other ottlcen ot lIucb COrporation, namlnK' It.-St4tutOrtf No. 933. QUIT CLAIM DEED.'---I'JrnMo",1 FubH,;hin,r C~.. 1824_46 Stout Stl',,<,t. Denver. Colorado 15'l3_5011\ -8.74 EXHIBIT # 4 </101 U1 LIlli 11: J1 FAX 970 925 7395 Haas Land Planning, LLC I4J 003 February ]4,2001 Mountain Chalet Enterprises 333 East Durant Avenue Aspen, CO 8l6l! Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re; Mountain Chalet RedevelopmentlExpansion Application To whom it may concern: I hereby authorize both Haas Land Planning, LLC, Planning Consultants, and Gibson Architects to act as our designated and authorized representatives with respect to the land use application being submitted to your office for our property located at 333 East Durant Avenue. Haas Land Planning, LLC, and Gibson Architects are authorized to submit an application for Rezoning, GMQS Exemptions, and Minor Planned Unit Development. They, or their assigns, are authorized to represent us in meetings with City staff, boards, commissions, and the City Council. Should you have any need to comaer me during the course of your review, please do so through Haas Land Planning, LLC, or Gibson Architects, whose respective addresses and telephone numbers are provided in the application. Sincerely, Lo^-,? nLL~( ~.~/d'~ Mountain Chalet Enterprises . Ralph Melville EXHIBIT # 5 OOPER PARTNERS ,HER COMPANY C/O MAIN ST N, CO 81611 rlNENTAL DIVIDE CO LORADO CORP ; MILL ST :N, CO 81611 NSEK JOHN 50% INT NSEK FRANK JR 50% INT ;0 MONARCH ST :N, CO 81611 )SMITH ADAM D HILLSIDE RD 'ENSON, MD 21153 IDA KENICHI ; MONARCH ST #1 :N, CO 81611 iHEAD RAYMOND R & EMILIE M ;HERWOOD RD ) ROBLES, CA 93446 ~TAIN CHALET ENTERPRISES INC : DURANT AVE :N, CO 81611 'ON MARl : COOPER #4 STE 1 :N, CO 81611 \SPEN DEAN STREET LLC ;TARWOOD HOTELS & RESORTS ;T E CAMELBACK RD STE 410 :NIX, AZ 85016 BALDERSON CABELL LLC C/O HERBERT BALDERSON 708 SPRUCE ST ASPEN, CO 81611 CROW MARGERY K & PETER 0 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 FLEISHER DONALD J 200 E MAIN ST ASPEN, CO 81611 GREENWOOD KAREN DAY & STERLING JAMES 409 E COOPER AVE ASPEN, CO 81611 KLEINER JOHN P 55 SECOND ST COLORADO SPRINGS, CO 80906 MCDONALDS CORPORATION 05/152 REAL ESTATE TAX SECTION PO BOX 66207 CHICAGO, IL 60666 MSE ASPEN HOLDINGS L TO 1575 PONCE DE LEON FORT LAUDERDALE, FL 33316 PICARD DEBORA J & DOUGLAS M 2600 GARDEN ROAD - STE 222 MONTERREY, CA 93940-5322 WALTERS 1/5 & ROLLINS 1/5 & GORMAN 1/5 SMITH 1/5 & BONDS 1/5 7350 W FAIRVIEW DR LITTLETON, CO 80128 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 GOLDSMITH ADAM 28 WASHINGTON SQUARE N APT 5 NEW YORK, NY 10011 HILL EUGENE 0 JR 1/2 3910 S HILLCREST DR DENVER, CO 80237 LlMELlTE INC PMS LEROY G 228 E COOPER AVE ASPEN, CO 81611 MEYER GUIDO PAUL 23655 TWO RIVERS RD BASALT, CO 81621 PASCO PROPERTIES COLORADO LLC SMITH PATRICK A POBOX 688 BLOOMFIELD HILLS, MI 48303 SAVANAH LIMITED PARTNERSHIP ICE RINK 13530 BALI WAY MARINA DEL REY, CA 90292 EXHIBIT # 6 . .'v 9..7.0 925 7395 ~llLI .l.l: J... .l'l1..l!r. Haas Land Planning. LLC @002 ^,.,~,o" '"' '''.~' .m" ., :''''' D~'"'''.M='';'''',,, Cl'fY OF ASPeN (h~r~jnafrer CITy) ""<1- /'f)/)I)~""j]q,l ~l2r e;i,-~.- ; Ole"inafler ,\f'PI.ICAN"f) AG"EE AS FOLLOWS: AS1'EN/PITKIN COMMUNITY /)EVF.LOI'MENT DEPARTMENT !. AFl'l./CANI has Submitted 10 Cltv an application t;', OF - (hor~inafior, THE PROJECT). 2. APPL1CANT "nd~l~tands aud agrces that Clry of Aspen Ordinat":" No. 45 ($ori"3 of 1999) o$'.bJi,he, · fee srruClu", (or Land US" app/'citiO!)S and 11Ie r>a}'ment of all processing fees is a condition pJ"<'eedcn! to;a delermination of Olpplkaiion compJerencsi. J. API'LrCAl'n- and CnYagree rhat bCClluse ofr1.e siZe. na'ure Or s<ope Oflhe proposed projccL. i! is 1\01 pQ.'Sible .t rhls rime to aSCCll,in Ihe (ull extem of rhe c~rs involved in I,,"oees,ing rhe application. APl'l.ICANT arId CITY fe!Th., agre.: ilIa! it is iJ'Tlle interest of the parcies Illal APPL1CAN'r make paYimm of an iniTial dep".it and to lh~reafl<'I' pellnir additional costs fo be billed 10 APPLICANT on . monthly h"-~is. APPLICANT ~sre"" additional COSIS In.)' accrue followins their hearings "'Idlor approvals. APPLICANT agrees he will be benefit~d b)" rc:t.ininJ: ~_ter c:.sh Iiquidir;y i1Ild will make .dditioe.1 paymenTS Upon notine.lioll by the CHy Whell tho)' arc ne"","IllY .. COSts ate ineWTed. CITY as",.s it will be benelitO<! Ihruugh Ihe greak.,. c,,",,;nr;y ,,( recovelins its (ull coSls 10 process APPI.ICANT'S application. 4. CITY and AI'PLICANT (unlter "tree that it i, irnpro<tj~abJe lor ern. stafr to comp/ele processing or pr.,ent s"mciOnl inlQlmalion 10 IlIC Plannin, Collunlssion andlor City Council 10 en~ble the Planning Commi.<sion andlor City Couneil to make leg"ly requ1rod findings (or proJeer consiJ'-'nltion, unless CUITem billings ~Te }XIjd in fu)J prior to dedsion. By:__... __ Julie AIID Woor1.s ConuQuDily nc"'e-Joprne-nt Din~'ctor 5. Thetl.'fore, APPLICANT agrees that in <Ol1sideT;\tioll of The CITY's wajYer of its righl to eol/ect fuil feos prior to n determination of "l)Dfie.lio!.l completeness, APPLICANT Shall pay an initial deposit in the amountofS ~rJ'IO"lt IWhiehisfor_ 12... _hours OfCOnlmunilY Developmenl srafftlme, and if.etnal reCorded <<>:;IS exceed The inil;~1 depo.-i!, APPLICANT shan pay addilionalmomhly billings to CITY to reimb""'e the CITY tor Ihe "ro<'Ssin:: of the applielllion mentioned oboYe, inclUding post approv,,] "'.iew. Sueh p.:rlOdie paYJncnts shan be In.de within 30 days of tho billing daTe. APPLlCJ\NT funl,er agrees tllOl f.ilure 10 pay.uelt o~crued COSts .ho/l be grounds (or '''-'pcnsion ofproc:essing.lll)d in no caSe "'ill bUilding P'rmiL~ b. i55Ucd WitH all easrs.$S"Cial.dWirW-~e~nvebe:!'.)'aid.. ,L. IL...... .. ~ltlCLIkl6 or .~S7b ~~~_"""S.~)il~",Ilt.~ CITY 01' ASPEN ..,(l'l'LlCANT '~:! n/LL:;;6( BJlI J;;?--'7~ - ~L.4~ ~ ~~L /~, ..zc:JcJ~ MaHin!: Addrcs" S::lsll/'j:>Orl\('''''"Ia/:rpayas.dO<" 12/27199 333 . &~~p Chp q.H~ ~ ;;. ",,':' PUD AGREEMENT FOR THE MOUNTAIN CHALET LODGE PROJECT THIS AGREEMENT is madethis~ay of J~.vru.a~ ,200a,between MOUNTAIN CHALET ENTERPRISES, ~~Colorado corporation, ( e "Owners") and THE CITY OF ASPEN, a municipal corporation (the "City"). RECITALS: WHEREAS, the Owners own that certain real property (the "Property") known as the Mountain Chalet located at 333 East Durant Avenue (Parcel Identification Number 2737-182-45- 002) in the City of Aspen, County of Pitkin, State of Colorado, legally described as: Lots E, F, G, H and I, Block 84, and a portion of vacated Dean Street, City and Townsite of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the Property is being redeveloped by the Owners as follows, where said redevelopment is hereinafter referred to as the "Project"; .:. Phase one involves fourth and fifth floor additions in the central portion of the structure. The phase one addition accommodates the development of eight (8) new lodge units on the fourth floor and a new common area on the fifth floor. Employee generation resulting from phase one will be mitigated via the temporary deed restriction of an off-site unit at the Kitzbuhel Lodge. .:. Phase two includes the demolition of the building's existing two and one-half (2.5) story eastern wing and its redevelopment with four (4) stories of lodge rooms and sub-grade/garden level employee housing. The phase two eastern wing will house seven (7) new lodge units on each of its four (4) floors, as well as five (5) employee dwelling units in the sub-grade/garden level space. .:. Phase three will involve only the remodeling of the lobby and common area spaces on the first and second floors, and improvement of the Durant Avenue sidewalks. .:. The room count will go from the fifty-one (51) existing rooms to sixty-seven (67) rooms when all three phases have been completed, for a net gain of sixteen (16) lodging units. Twenty (20) of the existing rooms will be demolished while thirty-six (36) new rooms are added in their stead. There will also be five (5) new deed restricted employee dwelling units added where none currently exist. WHEREAS, pursuant to Ordinance No. 23, Series of2001 ("Ordinance"), the City 1111111I 11I11111 111111 ~~:~~~~1 ~1: m 5ILVI~ D~VI5 PITKIN COUNTY CO R 120.00 0 0.00 granted Rezoning to Lodge-Tourist Residential with Lodge Preservation and Planned Unit Development overlays (L- TR/LPIPUD), Minor Planned Unit Development, and Subdivision approval for the Proj ect; and, WHEREAS, the City and the Owners wish to enter into a PUD Agreement for the Project; and, WHEREAS, Owners have submitted to the City for approval, execution and recordation, a final plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat at Owners' expense on the agreement of the Owners to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen (the "Code"), the Ordinance, and other applicable rules and regulations; and, WHEREAS, the Owners are willing to enter into such agreement with the City and to provide assurances to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Description ofProiect. Refer to the second "Whereas" statement. 2. PUD Dimensional Requirements. As set forth in Condition 4, Section 2 of the Ordinance, the following dimensional requirements were approved by the City as part of the Project, are shown on the Final PUD Development Plans, and shall be printed on all final building permit p Ian sets: a. Minimum Lot Size: 6,000 square feet. b. Minimum Lot Area per Dwelling Unit: No requirement. c. Maximum Allowable Density: One lodge or residential bedroom per 197 square feet of lot area. d. Minimum Lot Width: 60 feet. e. Minimum Front Yard: 1 foot. f. Minimum Side Yard: 0 feet. g. Minimum Rear Yard: 10 feet. h. Maximum Site Coverage: No requirement. 1. Maximum Height: 51 feet. j. Minimum Distance Between Buildings: 10 feet. k. Minimum Percent Open Space: 4.8 percent. 1. Trash Access Area: 7.5 feet by 6 feet (45 square feet in the South Mill Street right-of- way). m. Allowable Floor Area Ratio (FAR): 2.5:1 (including basement additions). n. Minimum Off-Street Parking Spaces: 0.49 spaces per bedroom (37 spaces and 76 bedrooms, including the five employee housing bedrooms). \ IUI\ UIII UIIII \ 111\11\1\\\ I\U\ UIII I IU ~;~~~~~;1 ~~: 47~ SILVIA DAVIS PITKIN COUNTY CO R 120.00 0 0.00 _~/ Mt. Chalet PUD Agreement Page 3 of9 3. Acceptance of Plat. Upon execution of this Agreement by the parties hereto, the City agrees to approve and execute the Final Plat for the Project submitted herewith and reduced-size copies of which are attached hereto as Exhibit "A," which conforms to the plat requirements ofthe Code and the Ordinance. The City agrees to accept such Plat for recording in the office of the Pitkin County Clerk and Recorder upon Owners' payment of the recordation fee. The City has further required the submission and recording ofPUD Development Plans which are attached hereto at a reduced size as Exhibit "B." Ifthe approved PUD Development Plans change subsequent to this approval, a complete set of revised plans shall be provided to the Engineering and Community Development Departments for review and evaluation. 4. Development Requirements. The following development requirements will be satisfied by Owners pursuant to Ordinance No. 23, Series of2001. a. Emplovee Housing. The Project is required to mitigate for employee generation by providing deed restricted employee housing for at least 3.84 full-time equivalent employees. The Project includes five (5) deed restricted employee housing units, limited to occupancy by employees of the Mountain Chalet lodge. All five (5) of said units will meet the minimum net livable square footage requirements ofthe 2001 Aspen/Pitkin County Affordable Housing Guidelines (the Guidelines) and be deed restricted to the Category 2 level as described in the Guidelines; however, since the units are to be used only by employees of the lodge itself, income and asset restrictions are waived. Owners shall complete and record the deed restrictions prior to applying for building permits to construct such units. Further, the Owners shall meet with the Housing Office staff prior to the completion of the Project's Phase 1 to establish mutually acceptable lease terms for employees whose units are attached to the business. These five (5) employee units provide housing for 6.75 full-time equivalent employees (FTEs), which is 2.91 FTEs more than required. Prior to applying for a building permit for the construction of the Project's Phase 1, Owners shall complete and record a temporary deed restriction for a one-bedroom unit in the Kitzbuhel Lodge consistent with the terms of deed restrictions described in the previous paragraph (i.e., Category 2, no income or asset restrictions). Housing Office staff shall approve the Kitzbuhel Lodge unit prior to acceptance of the unit for deed restricted purposes. The temporary deed restriction shall he permanently dissolved and rendered null and void upon issuance of a Certificate of Occupancy for the five (5) employee units provided for in the Mountain Chalet (Phase 2). In an effort to be consistent with Section 38-12-301, C.R.S., and the Colorado Supreme Court decision on the Town of Telluride v. Lot Thirtv-Four Venture L.L.C. (Case No. 98- 5C-547, decided June 5, 2000), Owners desire to grant to the Aspen/Pitkin County Housing Authority (APCHA) an undivided one-hundredth of one percent (0.01%) ownership interest in the above-described employee housing units of the Project. With the APCHA consent to accepting an interest in the property, the Owners agree to indemnify and hold harmless for any claims, liability, fees, or similar charges related to ownership of an interest in the affordable housing units. Conveyance of the undivided 111111111111111I111I II :;~~~~;~ ~~: 47~ SILVIR DAVIS PITKIN COUNTY CO R 120.00 00.00 Mt. Chalet PUD Agreement Page 4 of9 one-hundredth of one percent (0.01 %) ownership interest from Owners to the APCHA shall take place prior to or concurrent with issuance of a Certificate of Occupancy for the units and after said units have been rendered capable of separate conveyance by way of condominium map or the similar (as described in paragraph 5, below). The APCHA shall not be entitled to the payment of monies upon sale or rental at any time of any residential units in the Project, nor shall the APCHA be entitled to derive any economic benefit by virtue of its undivided interest in the Project. Owner reserves the right to submit an alternative option, subject to review and acceptance by the City Attorney, to satisfy the rent control issue. b. Wastewater and Surface Drainage. The site development will meet the runoff design standards of the Aspen Municipal Code at Section 26.580.020(B)(6). Full soils reports, drainage plans, and erosion and sediment control plans for both during and after construction, will be submitted for review by the Engineering Department as part of the building permit application. The drainage and erosion control plan shall be prepared by a Colorado licensed Civil Engineer, and said plan shall demonstrate maintenance of sediment and debris on-site during and after construction. If a ground recharge system is necessary, a soil percolation report will be required to correctly size the facility. A two-year storm frequency should be used in designing any drainage improvements. Foundation drainage systems must be separate from site storm drainage systems. Rain and snow melt runoff must be detained and routed on-site. These facilities must be shown on the drainage plans and submitted for approval as part of the application for building permit. Drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rates and detention volumes meet the design storm drain. The drainage and erosion control plans shall prevent mud from getting tracked into the streets and shall demonstrate that roof drainage will not be discharged onto the sidewalk or into drain chases through the sidewalk. There shall be no clear water connections such as roof drains, foundation drains, or storm water connections to the Aspen Consolidated Sanitation District sewage lines. c. Utilitv Connections. Utility meters and service connection points will be accessible to service personnel in the completed project and will not be obstructed by garbage or recycling containers, other structures or vegetation. Any necessary and new utility easements, required for surface utilities such as a pedestal or other above-ground equipment, shall be shown on the plan set submitted for building permits. The Owners shall install and replace utility service lines and appurtenances, as required, to the standards ofthe utility provider. The costs of any necessary upgrades to existing utility lines, systems, and/or facilities attributable to the Project will be borne by the Owners. The Owners will use good faith efforts to not disrupt utility service to adjacent properties during construction. Owners shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 1111111I 111I1111 111111 ~~:~~~;1~; : m SILVIA ORVIS PITKIN COUNTY CO R 120.00 D 0.00 j Mt. Chalet PUD Agreement Page 5 of9 d. Fire Protection. Owner shall install an approved fire sprinkler system and alarm system to the extent required by the Aspen Fire Marshal. e. Dust and Mud Control. Prior to the issuance of any building permits, Owners shall obtain from the City Environmental Health Department approval of a Fugitive Dust Control Plan. The Fugitive Dust Control Plan will include, as a minimum, plans for fencing, watering of dirt roads aqd disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been c\I.ITied out, speed limits, or other measures necessary to prevent windblown dust from crossing the property lines or causing a nuisance. Mud shall not be tracked onto City streets during demolitions. A washed rock or other style mud rack shall be installed during construction as a requirement of the City of Aspen Streets Department. f. Construction Management Plans. There shall be no storage of construction materials in or on the public rights-of-way. A full set of construction management plans will be submitted by the Owners to the City as part of the building permit application and said management plan will include, noise, dust control, and construction traffic management plans aimed at addressing the following: (a) signal traffic control devices; (b) press release via radio or local television; (c) definition of construction hauling routes and anticipated impacts on local streets; and, (d) construction parking mitigation where, except for essential trade trucks, no personal trucks are to be parked on public streets around the site, and shuttling in of personnel from the airport parking area is encouraged. Construction is prohibited on Sundays and between the hours of7:00 p.m. and 7:00 a.m. on all other days. g. Future Improvement District(s). Owners agree to join any future improvement district(s) formed for the purpose of constructing public improvements which benefit the property under a fair share assessment formula. Prior to the issuance of a Certificate of Occupancy for any part of the Project, Owners agree to sign a sidewalk, curb and gutter construction agreement and pay any applicable recording fees associated therewith. h. Exterior Lighting and Streetlights. Any and all outdoor lighting shall comply with the applicable portions of Section 26.575.150, Outdoor Lighting, of the Aspen Land Use Code. Ifthe existing street lights are disturbed or damaged during construction, they shall be repaired or replaced in kind, as required, in alignment with the other street lights along the subj ect street. 1. Sidewalk. Curb and Gutter Improvements. As part of the Project's Phase 3, Owner shall repair and/or construct sidewalks, as applicable, along the street frontage abutting the Project such that the new or repaired sidewalk connects and aligns with the existing sidewalks. Curb and gutter meeting City specifications shall be installed or maintained, as applicable, along the length of all sidewalks abutting the Project. If Owner chooses to heat the new sidewalks for snow and ice melting purposes, there shall be no use of Glycol and the City shall not be required to replace or repair the heating system if the City ever has to cause damage to said system en route to completion of necessary work in the right- of-way. 111111111111111I111111 ~~~~~~1 ~i: 47; SILVIf:l DRVIS PITKIN COUNTY CO R 120.00 0 0.00 Mt. Chalet PUD Agreement Page 6 of9 J. Trees. Protection. Removal Permits. and Planting Plans. In the event required and prior to building permit application, a tree removal permit must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated. k. Parking and Traffic Mitigation. Priority for the use of five (5) of the on-site parking spaces in the sub grade garage shall be given to the occupants of the five (5) employee housing units (one space per unit); in the event the occupants of the employee housing units do not use the prioritized spaces, said spaces shall remain available to general use of the Project's other occupants. The following traffic mitigation measure will mitigate PM-lO emissions and vehicular trip generation: (1) provision of bus passes to employees; (2) limiting the number of available parking spaces; (3) providing covered and secure bicycle storage; (4) providing a free bicycle fleet consisting of at least five bicycles available for use by guests and employees of the lodge; and, (5) following the completion ofthe Project's Phase 3, providing either a courtesy van or taxi vouchers for guest trips to and from the airport. 1. Building Permit Plan Requirements. In addition to such requirements enumerated above and otherwise required by the City of Aspen Building Department, the following information shall be submitted as part of the building permit application: a construction dust and noise mitigation plan; a list of all conditions of approval associated with the Project; a completed tap permit for service with the Aspen Consolidated Sanitation District; a site improvement survey prepared by a licensed professional surveyor where said survey includes, as a minimum, monuments, setback lines, utility lines, pedestals and poles, easements, existing features (irrigation ditches, sidewalks, driveways, buildings, trees, etc.), and the surveyor's seal dated within twelve (12) months of the submittal; and, plans for all improvements, snow storage, and utility pedestals. m. Asbestos. Owners shall notify the State prior to remodel, expansion or demolition of any buildings, including removal of drywall, carpet, tile, etc., and a licensed asbestos inspector must conduct an inspection. If there is no asbestos, the demolition can proceed. If asbestos is present, a state licensed asbestos removal contractor must remove it. Owners shall report these findings to the Environmental Health Department and Building Department prior to the issuance of demolition and building permits. n. Contractor Knowledge of Conditions. The building permit application shall include a signed letter from the primary contractor stating that the conditions of the development order as specified in the Ordinance and construction management plan have been read and understood. o. Fees. Prior to issuance of a building permit, all applicable tap fees, impact fees and building permit fees shall be paid. Cash-in-lieu of school land dedication shall be paid at the time of building permit issuance, and said payments shall be made on a proportional basis to the net number of bedrooms being constructed under the particular building permit. Park development impact fees are due and payable to the City of Aspen at the time of building permit issuance, and said payments shall be made on a proportional basis 111111111111 I 1111 I III 1111111111111111 :~:~~~;1~: . m SILV~IS PITKIN COUNTY CO R 120.00 0 0.00 . - .--.--/ Mt. Chalet PUD Agreement Page 7 of9 to the net number of bedrooms being constructed under the particular building permit. Both the cash-in-lieu of school land dedication and the park development impact fees shall be assessed based on the adopted standards/rates in efrect at the time or payment. If an alternative agreement to delay payment ofthe Water Tap and/or the Park Development Impact fee is finalized, those fees shall be payable according to such agreement. p. Accessibilitv. Accessibility shall be provided for all basement units. All such units will be Type B, Ref Chapter 11 and the fifth floor lounge area shall also be accessible, as required by the City of Aspen Building Department. 5. Colorado Common Interest Ownership Act (CCIOA). As soon as construction of the Project allows, Owner will likely need to submit the Project to a plan for condominiumization created pursuant to Colorado Common Interest Ownership Act (CCIOA) in order to facilitate the above-described conveyance of an ownership interest in the employee housing units to the APCHA. The City agrees to process for approval and for recordation a condominium map prepared in accordance with the Code and CCIOA. As the Owners have provided employee housing pursuant to the Code, the Project is exempt from paying the Affordable Housing Impact fee. 6. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully executed, this Agreement and the Final Subdivision Plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the Owners to record the plat within one-hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration and approval of the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by City Council for a showing of good cause. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one-hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen. 7. Securitv for Public Improvements. In order to secure the performance of the construction and installation of the public improvements described above, Owners shall provide a bond, letter of credit, cash or other guarantees in a form satisfactory to the City Attorney prior to the issuance of any building permits for the Project. Said guarantee will be delivered to the City prior to the issuance to the Owners of a building permit for the Project. As part ofthe building permit application, a list of the improvements that are being guaranteed, as estimated by the Owners' engineer and as accepted by the City, will be submitted. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owners in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements. As portions of the improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, s/he shall authorize 1111111I111I1111111111 ~~:~~~;1 ~~: 47~ SILVIA DAVIS PITKIN COUNTY CO R 120.00 0 0.00 Mt. Chalet PUD Agreement Page 8 of9 the releases ofthe agreed estimated costs for that portion ofthe improvements, except that ten percent of the estimated costs of the improvements shall be withheld for the benefit ofthe City until the completion of all of the described public improvements. The Owners shall require all contractors to provide a warranty to the City that all improvements were constructed to accepted standards of good workmanship for the installation of the public improvements described herein for one year from the date of acceptance. In the event that any existing municipal improvements are damaged during Project construction, on request by the City Engineer, a bond or other suitable security for the repair of those municipal improvements shall be provided by Owners to the City. 8. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To the Owners: Mountain Chalet Enterprises, Inc. c/o Mr. Ralph P. Melville 333 East Durant Avenue Aspen, CO 81611 To Citv of Aspen: City Manger 130 South Galena Street Aspen, CO 81611 With COpy To: City Attorney 130 South Galena Street Aspen, CO 81611 9. Binding Effect. The provisions ofthis Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owners' and the City's successors, personal representatives and assigns. 10. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. 11. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, a municipal corporation 1111111I11I11111111111 ~~:~~~;1 ~1: 47~ SILVIA DAVIS PITKIN COUNTY CO R 120.00 0 0.00 -----,.--,...._."-...---,--,._-~-,._~----_._-~~~ ~ Mt. Chalet PUD Agreement Page 9 of9 APPROVED AS TO FORM: ~lf7t~ Wor ester, City Attorney OWNERS: MOUNTAIN CHALET ENTERPRISES, INC. By: ~-;f4 ~(?L.'M, Ralph elvllle, PreSident STATE OF COLORADO .;-\h ~ ed before me this 3::.. day of . och, City Clerk. STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) . ',IJ.I.. The foregoing instrument was acknowledged before me this~ (jay of 1'-~ ' 200~, by Ralph Melville, as President of Mountain Chalet Enterprises, Inc. . #! C:o/c ~ .~, ) Notary Public My COmmIssion Expires &'2212005 1111111I 11I1111I 111111 ~~:~~~~1 ~~: m . SILVIA DAVIS PlTKIN COUNTY CO R 120.00 D 0.00 . -- ---'-'-'-'~---'---"-_,_- ~. 1111111I 11I11111111111 ~~:~~:0~f I ~~ m SILVIA DAVIS PITKIN COUNTY CO R 120.00 0 0.00 "i 4.4.._ 'ir """"~ l~~~, I~l "'" 0../''''"~'' '" ,...~.<:>,) I ..." ,; --7 . Ih ,~i -", ~~:..~ .~=~-:~~~:_~~~~:j/S~-_~~~ _~__~-.~_.L!t~~:~-:~~~~=_~~::~62=~:.~~ r i~ I ~I,~~!r'" '. \.~: !~ ! I n .,.1' '- ' r '" ~ 'j i ~!f 1':. ! " ,~ --.--..-...---.--.-..-...-.. , I 11,\ iif: I t: I I I1I1 ! "i .\. i I; r!i il :1,' m: ~ f~ "il . li I I~: . I, II: I td ~ j~ L II' ,I: II .., !~ i ,~ _. _~~~~__ __m' ~." """0 . iUll;. ! ~~~~ ,~ i HI I ~ li',1 I,' I~~! l!'j A 1:1 , i i i~ I- .' Ii .' I' ,I ~i !I il'; Ii ,I, I I! I ~ I r~ I . I . 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CiI ;'~ > I ,... -f" r"-" o 1'1 J: :I~ l ;u 0 " ~ .., ~ "11 ~o....zllc: ~o"ol. I:.. ~ .:-:;0 . '." " 1"1 mi: z ,... o n'l 1\ :' DI -i> . illn I ~ -~ ~ i ~ , ,I 'o-.t..J ,..<(, 0/.>> cI:f' f..J .,J~ Z :XJ i J~t")> 0 m P" Z -j CJ /i 0 .-. C ~ )::>::;:::0 :;0 ~;'::.' m o .,P CJ ;:;: en .> 0 0"--'0 ,\:-)::> ~i -0 >\'.\r"' r'-' -< ""ro ......, \ , , o o 1/1 ~ ~ " ~ " pn~ " IS "" ... '" I > g ~ g ~ ;l ;! ~ " ~ id~~~ . "'l ~ "" > i s ~ ~ ~ ~ g g 0 ~ (! " 3 :0 :<I "" S ~ . ~ U i . ~ ~ . 8 ~ g n ~ ~ ~ . ~ ~ ~ 3 " c: ~ ~ " . E ~ ~ . ~ . . .. ~ <3 r ~ ~ ~ z ~ . ~ ~ ~ ~ ~ . ~ . ~ ~ . . " . " ~ . ":l ~ ~ ~ . . . . . . . , , , , , , 1 ~ " ~ . ~ ~ z ~ = c: ~ ~ ~ ~ ~ ~ ~ '" ~ ~ 0 " " " ~ ~ . ~ 0 ~ . ~ " " 0 0 ~ ~ . . . " . " . . 0 I . . II ~ = = b . . 0 . . o 0 " ;. 1': ~ ~ ~ ~ ~ ~ ~ ~ ~ . <3 ~ -;;; >- ~ ~ f ~ II! I iii III 11I11I 8 ~ ~ I II liP! lji ill z ~ H ill <3 'i ii' z , !i > iil ~ " II ~, D i c: ~ ~ li!lil w :; ~ ! :; "-au! i ~ ~ iT libil ~ " z ~ ~ I. ~ Ii! Ii II !I ~ , ,II . ~! I. . Ii , N 0 z ~ '" u; ~ " ~ ~ <: ~ " 0 ~ ~ " H I500C> is:: un . " 5 0 " 0- ~~n e j; ~ . ~ ~ Z >-3 :J> ...... Ul Z Ul Ul C1 i:'j ~ ~~H I. :J> I~ '=' r ~ i ~ ~ I! c t:rj ::0 >-3 :>- ~ ~ . Z ~ ~ 0 i ..., r :>- 0 <: t;j i:'j (:) Z C t:rj i:'j :J> !~U ~ t;j 0 t;j 8;< ~ i< ! ...... ~~~~ >-3 S<"....;; . 0 ~ E ~ ...... ~ I 0 z 0 ~~~~~~~~cc~~~~ ,I ~~~~H , , , l ~ ft ~ 8 ~ 8 , !"." i ~iIPUmllP i <,j~g~~~ ~ , ~ ".:; ~ '" - ;';"'r;;~ . k.l~WW ~ ~~ ~ 1111 n~~p! , ~ .., ~ .. t:X~IB 11 8 "- *--0 ~-- lI-/ - , , - {". "-"1' -~ c..:: t:. l L , -.J '" i ~ 111111111111111I111111 :;~~~t~f 1 ~~ m I ~ :1 Il1il!!;:tlil!M!i! I.~ ~~~N. ~~~~;;~;~:~~~~:KI~D:;;;::O D'-'T"i;Fjl'~iifil.. <::> -. -1'1 i~ll' lorn' ~_ ASPEN, COLORADO 81611 ..' ~ ' . I ',', "~";^':':"-:':;,:_:,.'1"-;~ ""'".;,'-c~'-i;,,!i;;." II~ '. "', I I j /1 !f II i I I I!;",,- i " , I . i. ~~ ..;J ~"C ,,'S;: 7'z , r , 1111111I111111111111 II ~~:~~!0~f I ~\7~ SILVI~ D~VIS PITKIN COUNTY CO R IZ0. 00 0 0.00 , -._~-,--~~-~,-_. 0.01 I, -1.s,D~ "/7 /o1O!.l. "?tOI';' P ~ ~U:o..) '''-.., ". t j II :1 t--Trr- i i:1 1 I I 'ii I I' ~ 1 .if I I 1 '-. I I ""-., i I 1\ :jl 1 ' 'I . \ . I : \: .~-"-- i } '1\ ~: .1: ~:"f "" hi ill "'i .e i i I i~l~i;~lll i ~ Ii 2 ~ i~ I I I I i lit~1 i I i ~ I I \J, ]1 1 ~, I ,i '_ ---t.~'~~ .- : i : __ 1 f 1 I' I I 1" ~ _/J. ~_> ....<~\~~ UI;,"w",_ ,T. ~ '. "\~;-~~Jf:=C~:~5i~~l'~::~:-: " ~"Y-:""'~"-------'----- I South .in_ __ Oo'gil -'-M.6~;O~'f;/S -.- - i ~, ~. l~ , ::..--: , ~ o , ~ - "'" ~ ::1 ~! ,8 COl. , 11 ;"j':;:::O Iil 1',":'61 '~! : Ii Dri....oy 10 Coro~. J l :! ~"' ~t. r ". .. .1)' ,,(:.% %'\\~ '~~~ ~, ';-... \ I~' \ t't. ,~ Mill Street (73.70' R-O-W) [ill, , >1 :;Ie :l '" > ! II ,;" 1.1 I,;, g MOUNTAIN CHALET LODGE ~ i ~ !li,l.i.!,;,'."'.!', i,'i',l',i, ![, ;.;!i"~,.,,., . ,.,..,,333. E. DURANT AVENUE ..... ! ~ . !'1,:1! ! i" ;',' ~ ASPEN COLORADO 81611 ~" ;: - Fi . ..,...'...'..:,....,;,,,:',,"'..,,.\....,.,,.,., ,0;,"'7 :'f'JJ\ ,.', . .,........~W'}&-t'>'fi~"~i';~'lt(.,iM,~.~, nlwm>>~lM\i"",1"\'.;,~~;i,\;~," Du.. -.O'..Ou.'.". i F~~ ~~! ~ ~, - ~ ~ ~ ~ "-Ai ADDITION ,.....i<,'~~.,.,-..;;:,"W""iO":""'."....",",..w.y.,,' , i , I ~ ~a ~~ .;:;a '1; " 3 o '" ., 5! 00 '" ! ~~IU ih!i ~"~~ .~ 2 ! , , ~ I ! . 1 ~ /I:::=_T ~~ -I 'I !; @ 1111111I11111111 111111 ~;~:~~!0~f I ~\7~ SILVIA DAVIS PITKIN COUNTY CO R 120.00 0 0.00 --------..-/ \ >!I......l.!....l.....l.. i;.,.....l...I.I..I..I...~.I......o~..I..............M.....O....U....N...T...A.I.N. .CHALE T LODGE ADDITION ..- l IH~~I~f!~ ~H~~[8~~i B .' 333. E.DURANT AVENUE b -I'! iP! P'! n- ~ ASPEN, COLORADO 81611 ,t~"~"~~"lliP~~_1J1';'~':'~r~ci.t.t::-.l',,"~~~('" DO.. '---c:J---' : n: ~ ,:':'<~i ~ ~ ,~' ~~,~p . - - - . - , ~q , , i ! , , i i i { I . . ~I,:i-:-t .,',' ~ OJ S o " g " 15 z , . onllin~ ~ 1111111I1111111I111I11 ~;:~~:0~f I ~\7. SILVIA DAVIS PITKIN COUNTY CO R 120.00 0 0.00 .~ I t: II f.~J~:Ji..?::J~~J'~~:' ~. ..,.....,' -'i-";i'I:':r,:~~~~,iI'I~~~>'~~i""I'~l~-;;~~J_ ',,"" .... .. .,,',;.1.;...11: 1 ~ ..an, "_... 111oli\li1illl Illllllll..,__ ..j1,dC'l\:[~'F.1)iji'Hkiit#if'ij,,< ADDITION 00....[:]....... , ,,;C ''',0'''-'',0, , '.',. -'-0"0--.' . .... .....__..,.0, } :, H?~H!, . . , Vt~ >; _,i:,--"-","';'"":_:"~"....,,,,,,,.__._e"_",,,_," i~ ~s !g b '1; ., El o z .. r= 00 '" ;; '" , ! > I ~~~~ Is "~~S _; b~~ :~ ~.h .i g 1 ~ . , , I 1 ~ . , , @ 1111111I 11111111 1111 II ~~~~~~0~f 1 ~~ m SILVIA DAVIS PITKIN COUNTY CO R 120.00 0 0.00 ._-~----__,~.~_____.~_----L [D!. II!.!!;. ;."'...t. !"!I.;'~1 MOUNTAIN CHALET LODGE ADDITION :- I Hi!!;!!! !!i!!;:li ~ 333. E.DURANT AVENUE IV ,'! i;"! i" n. ~ ASPEN, COLORADO 81611 ;~"';"'" ..... ..>1\'ll""" .. . . . "'!f~i'I":_l<__: O[J....Lj..... -: q ~ ,. ,o:'~. ~. : i - ~ '.. .-", ". ~ 2.;;~ i; ~ ~ ! " . ~ " - . 5A~ /'~L JifIrrIilll~L... ~ .....n..1:1 ~ i ! i~i' !~ f ,.a o:>~ ~~;:r jh~ :~ ,.p ai i ., i-I I "1 :: , ~ : i ! ' ~~ ~8 7-g ';; '" ::1 o z .. 5: 00 '" N 1 ! : II, we..m..' , ,_. - , , 1- , ~ ~ , "I I J @ 1111111I 1111111I 111111 ~~:~~:0~f I ~~ m SILVII=I DI=IVIS PITKIN COUNTY CO R 120.00 D 0.00 ../ [Oll.!!."......!..'...;;l.,...,......!..'....'....!.. .~-..........i....................M.....OUN...T.. A.I.N.CH A LET LODGE ADDITION " ! 'I 'Il,!!!,'!!ll!";!l ~ 333. E.DURANT AVENUE \,;J ii'! ;! n ~ ASPEN, COLORADO 81611 ,.;..:,."c',.-,&,;.,...,.;~.,.",',..."',:':.,.... '," ,",'>Co: . ""-nl.~:tT~f~~:t;~;:~:']g~ t'~:fstt~'~'ltr' f~~l;#,"-i1~"!ii6i:Sh' Du..... ""[J""'.' --" . ''''', , 'c" -..--c' , ~, . '-- "'" , .'."- ;:: ~ .c 2 ~ ~:;;, , - ~ . . .. . ~ltq """"'-'-""""":":W"''''';'"'-''.''''',:..~' ~~ ,,~ ., 0 '0 ..'" 'I'; '" :l o Z ." ~ " '" @ -1! 1.11.:, !llii!!;~! ; ""'1' ,. :;;,<<,>:,:,:.~,':,};: "'~'. '- 1111111I11I11111111111 t;~~~!0~\ ~\7~ SILVIO DOVIS PITKIN COUNTY CO R 120.00 0 0.00 ----,-------------_._-----~--~ ..-,=~..:,~..,_.~;_______c;"".'c."=.c-......,..","'''''.-.--.- DfPM~ LJLJ 'I 'I I, I: [' ,I " II 'I -~ 1 7'1 , i 8 ~ J.ITIi'fjJ[~b' II" " .~~"""..l~t[rr'lr'.~ ~\ ','." it L:' Iii' ." ~ .....;g Ii .1 . li"1 I, ~i. i o. ~ -~-"t- I c-.~I ii ~ "I,l, ~.-~:TllI1IHffinm:. Cl~S -~f Cl~ ". I: i MOUNTAIN CHALET LODGE ADDITION 333. E.DURANT AVENUE ,ASPEN, COLORADO 81611 "-fnt~.l\tk.jt.l'i:w,j.~.;,,,,\;'" . , i i i I I .1 _.J i ~--'1 , , , I I :'1 i i ! ~ J , j T I I!I 1 1 , '\ I i i 01 ;.:.';..':.,';;:~~~"',,;..__'.,:....c. 1-A~ ~~ -:?J ~b ~g 'I'; '" :l ~ i " " " .I' t'-'-r4'-"-' . . " I I:: Ii:: . " 1 I:: '.11 I I:: Ii:: ..11 I I.:: "11 It.:: 1 i:: . " 1 I:: . " 1 I:: 1 i:: . " 1 11: 1 I ~ . , [ 1';\ . " I '\ I i!~ li '\ I, Ijl~~i '11 I Ball ~i~ i i:1 Iii " " " " " " " " " I I I I I i ~ I . I I I I I '" .. " ~' 'c.:';' 463764 Page: 18 of 24 I i iF , . i , 'i',H.lU"~ L~t'~' t,l!! Ii I! i --, , '\ (~ ,(I, r'" ~ J .2 li~, n I ~ Ii ! ~ 1 ! . ~ --~ mir I \...'--'_..' , , c" , , I -1T:1:-'-1 ..~~! ~ el' I, Ii I' I ~:.u , I ~- , , , , "'-""'"'00' ~r .'.,s.i _"_~m__" =,,-,.i"if:~'-" ,.""':-~ l', "-- , 'i,":,ot','I; '.' ' MOUNTAIN CHALET LODGE ADDITION ~.333; E.DURANT AVENUE ;:J\SPEN, COLORADO 81611 <<,~~~J'j,::,-jrj<,~ 00""[:]"" , . ,. , '~'''''' ; ~;::; \!i!~ ~ i ;>; ~ ~ 2~H! , - , , i - 0 8/1~ 111111111111111111111111111111111111111111111111 1111111 ~~:~~~~f 1:4 47~ SILVIA ORVIS PITKIN COUNTY CO R 120,00 0 0,00 ~--------------- -~~-----.---------.-/. ~ ' , , i i , ~~ " 'i '" i l . 1 , , r , @ O u' '"",'[J:J'...... ~ PF i~~~! , ~ ; i :1 , i Ji I ;: ::1 "I , i I 9!t~ 1111111111111111111111 ~~:~~:0~f 1 ~; m SILVIO DOVIS PITKIN COUNTY CO R 120.00 0 0.00 .... u:> N '" 0 0 ~ ." ~ Z ." ~ > I ~ ~ I ~g .. ~ ;,." ~~ , 0, ." ~ " '" .. " ! ! , r',.....-':",-~':'\w..,_..,_.,._ I'" . .., , @ > I-' ~ o o ~ ." ~ Z ~ " '" ... Z Q 6 l ! c~ o nu.~-n'n,-"l ' j' :~ ~~i , ," Q g; '" MOVl'$TAIN CHALET LODGE ADDITION ';:t:t~<E;.DURANT AVENUE , ' . , .. ;'COLORADO 81611 O[J';"[]," . :rn ~ ~<:". ~ (,~~ ~~l '" ~ ~ ! ' . lOA~ ~'I,., ~i I',..' ~ 1111111I11111111111111 ~~:~~!0~f 1 ~; m ,~IO DOVIS PITKIN COUNTY CO R 120.00 0 0,00 ..J ~, .~" m ~ [u1 ~-, ~I ;. ,e..~ :l ~ )> 1.11... 1.11, _ ~ I till' ~!! l'11!1!!:!! I ,~ o ! -.I. "=1 " G~ -' 0 ,,)',*":"-'~J"'\ '~'~'-'r ,1 -. MOUNTAIN CHALET LODGE ADDITION 333. E.DURANT AVENUE ASPEN, COLORADO 81611 ijljn:rTli: iUlillU r"(" 'Mij.'fIiilrt!i!!1t':~i;t;"~~:f6i" Ou""DJ'" ~ F~;: {{.ij . , b i 11h~ """.-,"i"""II-""'~<;o/""'~""'i~'"""i":"""",,,,, SILVIA DAVIS PITKIN COUNTY CO ..../ .L..._ J -, ." :I: > (IJ m ~ .., i! " m m, [ill I "'f '~I ! I. 9 I!.~.... t! 2 ~ ,. ! 111!,lt~irlllkl!:!'i ~,' ..... L.11 a! =I " , . . R~,. ..- t=; <,r:;.,'",:":>'-i-~.~';:':<<:;';-'-:;',".,-,..-''--'''''"....,.. ' ,,-:,,",,_.,,,,,,~;~m~~'~:n'.:':;i~7;cn~~;/f::';;Fif~j'}C1~~~~~F~;!r~JJli::.-J .'~ '~'):i\lc"_~"; MOUNTAIN CHALET LODGE ADDITION 333. E.DURANT AVENUE ASPEN. COLORADO 81611 O[JO'""[J"" : pi; ~H ~ .. Il' 68'- , 0 i ' t2ft~i '-""-:'~o,\-oj,'i,.-"",~~""",..~;.,,,~,~,,_,"..-..; 1111111I11I11111111111 ~~:~~~0~f 1 ~\7~ SILVIO DOVIS PITKIN COUNTY CO R 120.00 0 0.00 ~~-_._-~~ '"..../ ~'" ~O ,.c: _-I ~:I: ~m 'r- O.m < )> -I 6 z f - ;.... -- i / \ I' \ ,I I I \ I \ \r-- II I ,\ ~\ \ I' i-- I ~m 0)> ~(J) _-I , 'm 'r- tOm. ,< )> -I 6 z , 1 , ~--- 1---- JI ~ MOUNTAIN CHALET LODGE ADDITION 333.E.DURANT AVENUE ASPEN, CO~ORADO 81611 0'1""0" ~ ~~F if . . ! ' \ [ ! 13ftq :1 tl 1111111I11111111 111I11 ~~:~~:0~f 1 ~~ m SILVIO DOVIS PITKIN COUNTY CO R 120" 00 0 0.00 j m x , - ~ o ~ z ~ m ~ < ~ ~ ~ . i '" ~ ~ ~ o , ~ o ~ ~ ~ ~ j ~ ~ ~ ~ ~ ~ i ~ ~ o c: z I-j ;J> ..... Z C1 ~ ;J> r tr:J I-j r-< o t:::l o tr:J ;J> t:::l .t:::l ..... I-j ..... o Z , i " l 11 [I "I II il !i L,.j ~ ,I rl 01 ., 00", -"',"'0"" ; Hi. ::; ~ [~., ~ ~ , ~ ~. " it Nh4 '! ~ i ) kk ~ t-t-"~),1\.;_) . :.~ '...., //11///11///11/1/1////1/1/1/1///11/111////1111///1//11/ ~~;~/~~~: 1 . 45< SILVHI O~WIS FITKIN COUNTY CO R 5,00 00.00 RE~ To M.D~~ Pu..DA-6,N Bcol-<S-&f ~6trs "7:0- /'.IOV-.;\'f1'.:m91 'U.' I. rt'''U,",1 U'fl: ","U"lU"'tNI U"'LT UN 1"1IS '011I'" "".OCMIC1' 10" 0' ',HIS I'OR". II AVTHOA'ZfO. All no.. to ".Ilil.d I" by Ih. LamS S"rvlyor Uli"1 blaek 'Ille.. I)'Pww,ll.., TYPE OF MO~UMEHT ~ lilx",".. ~...~, D (O.ell on.) 0 QWllltI COt"'., . 0 (Eact,". I.fie). ."~ Oth., P.liH ,.. 2. 14/1'1 D!5CIUPTIONO' EVI~ENCE FOU~D. A'OORICIN^L f\.ECORDCALL.IF KNOWN AdoPted Y.llow Pla.t!c L;S. C'p ..rkld L5 1676 ". Sls SD. r.bar I~t J in. below SUrface of asphalt. The r,fere... .onum,"ts are .. fOl1ow~: Th, 8M earner ala eondominUls.63oSJ'W. 30.1S It. to B.C. 111, :tICl' ot the !IOU ""It lDuod pOIt ot an el-etrlca'l boK is H.12oH. 23,&5 tt. to B.C. n.. Sf corn.r of ....11 fr... bulldiftl i, H.7g0f. 28.0 ft t. B.C. Dl!SCRIPTIONOF MONIAIENT ""D/OR 'CCES50RlES ESTABLISIIEO B~' ybUTO PWtT"^ye THIi LOCATION OF THIS POINT,I' IoN EXlStlNe ~IONUMENT, TELL WllY YOU ACCEI'T ED IT AS VALID, IF YOU I!5T ABlISNEDOR RESTDf\.ED A PL'BUC LAND SURVEY MONUMENr,DESCRI9E PROCEDURE AND CONTROL USED. Ace....rl.. to ......nt ..t .hown b.low USin, hotl'ont'l dl.t.nc. &ad c~.. h.ar!nl. b."d On t4~O E. Marnttic dtcltntt1oD. - 3. "' .. ....... IKeTCH SNOWltIC RELAYIVE LOCA TION OF MONUMENT .'ND REFER!NCE POINTS. SHOW SlJfIPORTJNC AND/OR CONTR.\OICTORY EV1DtNCE WHI:RE AP'LlCABl.E. ..1/ Ilk a( H II""." -+. SW coraer ot COa1daa11Qt S.6,yOU'W.' 30.15 ft. '''''' olIUI)W' tl1auJc; l.S cap Adoputl tar SIC;. Cor. mar ad ". .11_'1 ../-"".... ~ '1....n ..." C..,..,. ~.,.. sa corner of IN.Il frame but ding I. N,7goE. %8.0 ft. .Jl Pic. of the ...t ....t IlIUd po.t Df an .lnct'leal b box i. H.llOW. 23.55 ft. 0..,... --, I I. CBRnFIC^ YIDN 1hlt " 10 t..tttJr1 chili wu In rupon .e the bel. or my tnow1edp the I I"" DOII~ or Fltld Work kovsmbtr 22, 1"5 tit.. ~Untrln. work dlK"b.d hi Ihl. 1'1<<1,11 t..1Il Ihll Ifm .. 'fUll Ind COTtf~t. - , Ar-.ce,I.4 rOt rllJn& St". B(I"'d of ....,.tr.1l11N1 fOl ", tflIJ7~J!.d L.~d SU'l/O 'y~~ . D., JON 11 ~~. . . "tCEIYED AT OFF'ICEOF' TNt COUNTY CLERK: COUNTY Surl<'."or'. S..t fIEl ~I WE , . LoeJllolI 01 Mo",,"'...., " D'le_ R.c..1I .. ... Ill.. &y '"'U Itet...Olce HU""MI, ""..fiull,. Ih." .1,llulbetlulI",. "lid., 'PP'~ 1"111. Town.hlp, RallU, 1/111 W.,ldiaft. 7. \, :...!!.-... T~. It !!.!....-!..!!!..r.lf (OIbfTY "1 tUn COUNTY I. INDEX 1lEI", mi 25-P. rNDEX IUF,NO. T'Crq" P,E11 ';!,'\..~ ~c) !~.:-:. ~~ d;'" rr'J j ~', ,'n::'!'...,~-",";,~ II ,I :1 :1 I 'I t: ii, f; .{~ ~. ~;<,.;;,;' '" .,' :,.,1~.