HomeMy WebLinkAboutLand Use Case.333 E Durant Ave.A019-01
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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
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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
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08/21/01 Tl~ 09:21 FAX 970 925 7395
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Haas Land Planning, LLC
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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
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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
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'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
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'......
08/21/01 Tl~ 09:21 FAX 970 925 7395
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Haas Land PlannIng, LLC
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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
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ASPEN HOUSING ore
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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
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MIchael Ii!
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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.~
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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)
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ASPEN HOUSING OFC
A~ HOUSINQ OFt:
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NO.!539 P.4
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1eregcln!llns1rumlnt
by MlcI'l.. hl'lndt, OWner of the .
WI NISI MY hIiInd and <<IIClal eeal; My OClmmlsslCln 11Cpireel 4/ A- /dIJ~
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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
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COUNTY
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U~'lIU~II~~tWII!ll~I~G~II!lll~!ltlllll~III"
a ., a R 11..' D.... N e..' PITKIN COUNTY Cll
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SJ~,10.2001 3:47PM ASPEN HOUSING OFe
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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
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. S ,10.2001 13, 48PM
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ASPEN HOUSING OFe
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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,
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ASPEN HOUSING OFC
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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
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. S , 10.2001 3: 48PM ASPEN HOUSING OFC
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NO. 035 P,8
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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
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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
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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.)
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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
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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.
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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
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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
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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
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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
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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
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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
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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,
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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.
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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.
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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:
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
,
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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.
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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:
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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;
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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
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Exhibit C: GMQS Exemption for Employee Units
Exhibit D: Subdivision
Exhibit E: Application
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01
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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,
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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:
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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.
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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
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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)
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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!.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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:
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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
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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.
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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
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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.
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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.
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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
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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.
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MEMORANDUM'
i
TO:
Planning and Zoning Commission
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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;
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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.
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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
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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'
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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:
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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
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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." . ).\
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ATTACHMENTS (\?
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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. .
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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:
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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.
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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
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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
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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.
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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
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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:
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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.
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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
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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.
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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.
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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,
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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.
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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
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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
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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
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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
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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.
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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
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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.
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Mountain Chalet Staff Report
Page 35
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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,
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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.
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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
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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.
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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
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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.)
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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.
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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
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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:
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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.
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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)
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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.
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~ 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
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NO. 395 P.i
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MEMORANDUM
t1~! /2&wl) J-
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it TO: '
~ FROM:!
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Fred J'CU'tnan
Cindy Chrlste/lllen
, DATE:
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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.
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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.
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'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
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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:
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*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
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;' The five proposed units morl! than satisfies the mitigation requirement of 3.84 FTE's.
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, 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.
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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
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11 2.'Tl1e Gul~ellnes do, however, allow for a 20% reduction of the category minimum under the
following condition.: '
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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:
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1. The mltlllation required is 3.84 PTE's and has beln satisfied 011 site.
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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.
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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.
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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.
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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
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APR.l~.2001 12:37PM
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NO. 322
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MEMORANDUM
to:
Housing Board
FROM:
Cindy Christensen
[I-tRU:
l>ATE:
Mary Roberts
I Al'rilI8,2001
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RE:
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MOllNTAIN CHALET PlJt) EXPANSION
333 East Durant
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~: 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.
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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
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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.
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, 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.
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~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
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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.
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APR. 16.2001 12: 37PM
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NO. 322 P.4
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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.
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\re applicant is proposing to construct the follOWing units;
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CY 380 sq. ft. Studio
<::0396 sq. ft. Studio
\i CD 447 sq. ft. I-bedroom
0699 s4. ft. 1-bedroom
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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
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*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. .
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1jl1e five proposed units satisfy the mitigation t"'equirement of 7.05 FTE's.
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~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:
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APR. 16.2001 12:38PM
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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;
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'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
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2, The Guidelines do, however, allow for a 20% reduction of the category minimum under the
f9110wing conditions:
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Signitlcant storage
Above average natural light
Efflcf,8nt and flexible layout
Site amenIties
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Location within the project (above ground versus ground level or below groLlnd)
If the applicant can achieve higher density of deed restricted units with
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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.
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/iFCOMMENPATroN: Stoff recommends approvol for the Growth Management Exemption
u~der the follOWing conditions:
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APR.l~.2001 12'38PM
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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.
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LangllClge from the attorney's office should be incorporated into the deed
restriction, which will cover the controlled rents due to the Telluride case.
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A site' visit of all of the deed-restricted units is completed pr'ior to Certificate of
Occup?ncy.
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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.
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There!s not a speeifie timeline for the phasing of the project. A timeline should be
presented at the time of building permit approval.
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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
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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).
Mountain Chalet Application
Page 2
1
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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
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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
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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
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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
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and the start of the Aspen Mountain,base area neighborhood.
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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
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Mountain Chalet Application I Page 13
review.
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reasonable margm of error, but not ail()w for subsequent expansIOn without further
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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
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no net gain in floor area. 1
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In summary, the total ~ew! floor area to be developed above grade is roughly
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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
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Mountain Chalet Application
Page 14
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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.
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No additional off-stree(lp~tklllg is proposed as the combination of the existing
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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
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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
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Mountain Chalet Application i Page 15
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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
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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
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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
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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
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employees (3.92 x 60% and 6.4 x 60%, respectively).
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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
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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.
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Mountain Chalet Application Ii Page 16
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IV, REVIEW REQUIREMENTS:
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The proposed develop~e~t 'l"eqGir~s the receipt of sixteen LP tourist
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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
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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
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. indented and italicized print and is followed by a response demonstrating compliance with
and/or satisfaction of the given Jtandard. .
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A. Rezoning
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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
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Mountain Chalet Application I Page 17
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. 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
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A ::::e~7:: the proposedfm~rr~~)11tlflriCbnj7ia poriipns of
The proposed amendmJ is' fully consiste~(withailportio~softl1eRegulations
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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
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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
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Mouutaitl Chalet Application I Page 18
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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.
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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
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architecture have been designed to be compatible with the neighborhood.
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B. Whether the proposed aJeh!iment consislent wiih all elemenls of the Aspen
Area Community Plan.
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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!. .
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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
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Mountain Chalet Application I Page 19
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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
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The Mountain Chalet lodge across the street from both the Rubey Park Transit
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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.
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By limiting the amount of available off-street parking to those spaces currently existing,
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guests and employees of the lodge will be encouraged to utilize these alternative means of
transportation to the maximum e~tel1tpraCticable
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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
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interspersed with free market housing..."
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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
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Mountain Chalet Application I Page 20
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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
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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
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Finally, the "Design Quality and Historic Preservation" element of the AACP is
intended to "Ensure the mdtntel1ance' of character through design quality and
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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
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Mountain Chalet Application I Page 21
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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
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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.
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C Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considerlngiexisting land uses and neighborhood characteristics.
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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-
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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.
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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
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Mountain Chalet Application I Page 22
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will be encouraged to utilize al&l-native means of transportation to the maximum extent
practicable. 1 .i
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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
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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
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proposed development. i
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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.
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F Whether and the extent to which the proposed amendment would result in
significantly adverse imftacts on the natural environment.
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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
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Mountain Chalet Application
Page 23
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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.
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G. Whether the proposed 1me/"ldm~ntis .consist~nt and compatible with the
community character in th~ City of Aspen.
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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).
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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
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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
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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
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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
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a single family home rent,al."
~ "Conversations with lobal. property management companies indicate that the
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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
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economy properties" i
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Mountain Chalet Application i 'i Page 25
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~ '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
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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.
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B. GMQS Exemptions I>
1. Section 26.470. 070(ih, i~dgeE'reservati()nGMQS Exemption
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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
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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
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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
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Chalet expansion proposal specifically in mind.
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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
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Mountain Chalet Application I Page 27
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between the existing del;,elopment and the proposed development. A
recommendation from the' Aspen/Pitkin County Housing Authority shall be
consideredfor this standard .
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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
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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%).
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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
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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
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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
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Nevertheless, the applicant will be providing housing for much more than 60% the
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incremental increase in employment that will theoretica.lly result from the proposed
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Mountain Chalet APPlicationi Page 28
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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;; ..... .'
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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'
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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
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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
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designations, rental of the uriits will comply with the APCHA minimum lease
requirements. I
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Mountain Chalet Application i Page 29
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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.
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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.
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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-
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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.
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Parking for the existing lo&ge'is located primarily below grade in a garage. Access
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to the sub-grade parking garage i's gained via a ramp off South Mill Street. The vacated
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Mountain Chalet Application I Page 30
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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.
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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
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. 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
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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
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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
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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.
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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
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housing units. While this may at first appear low, it must be considered that the 0.7 spaces
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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
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Mountain Chalet Application
Page 31
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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.
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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
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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
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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.
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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
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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
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program and the AACP'lr..
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(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.
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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.
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2. Section 26.470, 070(J), Afford~bleiIousing GMQ.S Exemption
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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,
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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
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Mountain Chalet Application
Page 33
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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.
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C. Planned Unit DevelopmeJt (l>UI>)
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In accordance with Section 26.445.030(B)(3) of the R.egulations, due to the
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limited extent of the issues involved, a development application requesting approval as a'
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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
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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.
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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
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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
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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. . . .
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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
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2. Section 26.445,050, ReV1rw .Sta",11lfrd~,:'kfi";Q,rPTJJ?
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Development applications1for Minor Pun must comply with the following
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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
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portion of this application, above. >1
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2. The proposed developm~nt 'shall be consistent with the character of existing
land uses in the surrounding area.
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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.
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3. The proposed development shall not adversdy affect the future development
of the surrounding area.! " ,,' , .
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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 .
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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<eD \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
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Haas Land Planning. LLC
@002
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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
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MaHin!: Addrcs"
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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.
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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
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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
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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
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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 .
-- ---'-'-'-'~---'---"-_,_- ~.
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SILVIA DAVIS PITKIN COUNTY CO R 120.00 0 0.00
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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
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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
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t:
ii,
f;
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