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HomeMy WebLinkAboutLand Use Case.Aspen Alps South Rd.A020-01 r-1 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY n A020-01 2737-182-56004 Aspen Alps Condos Lot28 Consolidated PUD Lot 28. Moses Subdivision Fred Jarman Rezonina. Consolidated PUD. Subdivision. G Aspen Alps Condominium Assoc. Alan Richman 8/27/01 Ord. 28-2001 Approved 9/26/01 J. Lindt r--. ~ . 1"""\ MEMORANDUM ~ · Vie TO: Mayor and Aspen City Council Steve Barwick, City Manager cy Julie Ann Woods, Connnunity Development Director Joyce Ohlson, Deputy Director~ THRU: FROM: Fred Jarman, Planner r!' RE: Aspen Alps Condominiums Consolidated Planned Unit Development, Rezoning, Subdivision Amendment, GMQS Exemption (First Reading) DATE: July 23, 2001 PROJECT REQUEST SUMMARY: The Aspen Alps Condominium Association (Applicant), represented by Alan Richman, requests land use approvals in order to redevelop Lot 2B of the Aspen Alps Condominiums, currently developed as tennis courts, into a two-level sub-grade parking garage to be located under tennis courts and including a maintenance and laundry facility, and 3 employee-housing units for the Aspen Alps. The Applicant wishes to rezone Lot 2B (which is the subject property for the proposed redevelopment) from R-15 PUD to Lodge / Tourist Residential PUD (L/TR PUD). Staff is proposing to rezone the remainder parcels of the Aspen Alps complex to L/TR including the 300, 400, and 700 buildings ofthe Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association. These lands are currently zoned either R -15 or Conservation and are proposed to be rezoned Lodge / Tourist Residential PUD (L/TR PUD). Staff's goal is to consolidate the entire development into one PUD with appropriate zoning, In order to accomplish this project, the Applicant's land use requests include: 1) Rezoningfrom R-15 PUD and Conservation to L/TR PUD (Rezoning Lot 2B to L/TR PUD would allow the 3 affordable housing units, defined as multi-family units, to be constructed as a permitted use. In addition, and upon Staff's request, this rezoning will also include rezoning the rest of the Aspen Alps buildings to L/TR PUD.) 2) Consolidated Planned Unit Development; (A Consolidated PUD is required because the underlying Zoning of Lot 2B maintains an existing PUD overlay.) Aspen Alps City Conncil Memorandum J , t) n 3) Growth Management Quota System (GMQS) Exemptionfor Affordable Housing; (A GMQS Exemption is being sought for the three proposed deed restricted Affordable Housing units.) 4) Subdivision (A requestfor subdivision is soughtfor I) the development of the three Affordable Housing units and 2) an amendment to the original subdivision approval of Ordinance 31, Series 1992.) ApPLICATION PROCESS: The Applicant's requested land use approvals wiIi require the foIiowing process outlined in the matrix below. Staff Review Rezoning, GMQS Exemptions, Consolidated PUD, Subdivision Employee Unit Review (for Referral Comments) Rezoning, GMQS Exemptions, Consolidated PUD, Subdivision Rezoning, GMQS Exemptions, Consolidated PUD, Subdivision Housing Board Planning & Zoning Commission 3 4 City Council STAFF COMMENTS: Understanding the recent history of the Aspen Alps Condominiums is important to this application. In 1992, the Applicant received subdivision approval via Ordinance 31, Series of 1992 from the City, effectively creating three lots: Lots 2, 2A, and 2B known as the Moses Subdivision. Although, there is a recommendation from the Connnunity Development Department to rezone all of the Aspen Alps, Lot 2B is the sole subject of this application regarding development. SpecificaIiy, Ordinance 3 I placed certain conditions on the future development of Lot 2B that, although entered into voluntarily by the Applicant, stated: 1) The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units; 2) No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities such as tennis courts and swimming pools shall occur on said Lots 2A and 2B. Aspen Alps City Council Memorandum 2 , t""', / w The Applicant is aware their proposal to add three (3) deed restricted affordable housing units is in direct conflict with Ordinance 3 I; that is to say, it will add approximately 6,500 sq. ft. of floor area and bedrooms to Lot 2B. As a result of this conflict, the Applicant is requesting City Council replace Ordinance 3 I with a new Ordinance to aIiow this development to take place. Further, the Applicant would like to establish the maximum allowable floor area ratio to be 0.20:1 for Lot 2B to accommodate the above grade sections of the development which includes the three (3) deed restricted affordable housing units. The Applicant has indicated that no free market units are proposed to be built on Lot 2B. The Applicant proposes the garage, maintenance facility, and laundry facilities as accessory uses to the Aspen Alps. The Aspen land Use Code treats accessory uses (pursuant to Section 26.575.140) as the foIiowing: An accessory use shall not be construed to authorize a use not otherwise permitted in the zone district in which the principal use or structure to which it is accessory. An accessory use or structure may not be established prior to the establishment of the principal use or structure to which it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. In accordance with this definition of an "Accessory Use", Staff finds that the garage, maintenance facility, and laundry facilities are accessory to the principal use. Even though the proposed uses as described above could be considered accessory uses to the Aspen Alps in the R-15/ PUD zone district, the request to provide three (3) affordable housing units is not allowed in the R -15 zone district. SpecificaIiy, the Land Use Code states development of three or more attached dwelling units (that have kitchen and bath facilities) is considered multi-family housing, which is not permitted in the R - I 5 zone district. In order to accommodate the employee housing component of this project, the applicant proposes to rezone Lot 2B from R-15 PUD to the Lodge / Tourist Residential (L/TR) zone district with a PUD overlay where multi-family dweIiings are allowed as a permitted use. Rezoning from R-15 PUD to LfTR PUD The Aspen Alps Condominiums are situated at the base of Aspen Mountain and contain three different zone districts: Conservation (C), Lodge / Tourist Residential (L/TR), and R-15 (PUD). In earlier discussions with the Applicant and Community Development, Staff suggested the Applicant rezone the entire Aspen Alps to L/ TR (PUD) and not just rezone Lot 2B even though this proposed development will take place entirely on Lot 2B. This would, in effect, clean-up this area's current zoning fragmentation without substantial changes to the already existing development scenario. Aspen Alps City Council Memorandum 3 t""', ('\, ':r Even though the Applicant has applied to only rezone Lot 2B to L/ TR (PUD), Staff feels that rezoning the entire property is in the best interests of the City. This rezoning of the property to L/ TR (PUD) is intended to place a clean and logical zoning classification on the Aspen Alps Condominium. In addition, the Applicant's request for the PUD is not for the ability to change or expand any of the dimensional requirements of the L/TR zone district; rather, it is to ensure that any subsequent change to any part of the entire Aspen Alps property will require a PUD Amendment review process which includes public review if there are significant changes in the future. In effect this rezoning wiIi achieve a land use and zoning designation that is very compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Further, the PUD overlay would establish a site-specific set of dimensional requirements that would serve as a safeguard to any future changes to the property, in that, any future requests would require City review in a PUD Amendment process. The area proposed for rezoning, has had an interesting history. Today, a majority of the uses preceded their current zoning classifications. As a result of this apparent downzoning philosophy that occurred in the mid 1970s, uses became non- conforming. The Aspen Alps is located in an area with a variety of residential and tourist accommodation uses. AdditionaIiy, when the City adopted the 8040 Greenline provision in the Land Use Code, the line that was actuaIiy drawn on the Official Land Use Map actuaIiy split zoned certain properties and everything above the 8040 Greenline was zoned Conservation, again creating nonconforming structures and uses. Today's Land Use Code seeks to bring non-conforming uses and structures into compliance. The rezoning component of this application seeks to do just that. It intends to bring the existing nonconforming uses and structures into compliance with the Land Use Code by rezoning the current uses at the Aspen Alps, defined as lodge and tourist- oriented residential uses located at the base of Aspen Mountain, to a more logical zone district for both the use and the location. Staff believes the most appropriate zone district to achieve this end to be Lodge / Tourist Residential or L/TR zone district with a Planned Unit Development or PUD overlay. Currently, over half of the Aspen Alps Aspen Alps City Council Memorandum 4 . t"""'\, t"""'\ \ 'I Condominiums property is already zoned L/TR, the remaining portions are zoned either Conservation or Moderate-Density Residential R-15 PUD. Presently, the neighborhood includes a mix of single-family and duplex residences and larger multi-family complexes that are occupied by visitors and permanent residents. The larger multi-family complexes include the Gant Condominiums (which operates as a condominium hotel), and the Clarendon Condominiums, which are located across Ute Avenue from the Aspen Alps. In addition, the Black Swan Hail Condominiums are located west ofthe Aspen Alps. The surrounding land uses also contain a number of affordable housing projects which include I) Billings Place, a seven unit affordable housing project built in the mid 1990s and 2) Ute Park, a seven unit affordable housing project constructed about the same time as the Billings project. Given this presence of affordable housing projects in the immediate area, Staff finds that the addition of three affordable housing units located at the Aspen Alps property to be consistent with other affordable housing units in the surrounding area without creating a concentration of affordable housing in one area. There are four main zone districts covering the subject property and the innnediate surrounding area. Specifically, these include Lodge / Tourist Residential, Medium- Density Residential, Moderate-Density Residential, and Conservation. Both the R-6 and R-15 maintain PUD (Planned Unit Development) Overlays. As stated earlier in this Memorandum, over half of the Aspen Alps (buildings 100,200,500,800, and 777 Ute) is zoned L/TR. It should be noted, that this variety of zone districts is not consistent with the current uses to a large degree. For example, the Aspen Alps buildings 300 and 400 (which are multi- family dwellings) are zoned R-15 PUD which makes them non-conforming because multi-family dwellings are not ailowed in the R-15 Zone District. Further, the Clarendon Condominiums and the Black Swan Hall CondominIums (which are multi-family dwellings) are zoned R-6 which also makes them non-conforming because multi-family dwellings are not ailowed in the R-6 Zone District. [These complexes are not part of the rezoning, but are cited as examples of inconsistent zones and uses.] 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 and to allow construction of tourist-oriented detached, duplex and multi-family residential dwellings. Indeed, the Aspen Alps is the use that fits this purpose as weil as the other multi-family residential dwellings that are tourist-oriented in the neighborhood. In addition, building 700 of the Aspen Alps is zoned Conservation which is clearly inconsistent with the current use as a result of the 8040 Greenline. The Ute Trail Townhomes, located on Ute Avenue, are properly zoned as R1MF (PUD). Aspen Alps City Council Memorandum 5 r-., F"I Given this fractured zoning for the Aspen Alps, Staff has recommended through several discussions over the course of several years that the Applicant rezone those portions of the Aspen Alps to bring them into conformance with our Land Use Code; that is to say, the Applicant should not just rezone Lot 2B, but should also rezone buildings 300, 400, and 700, thereby bringing them into compliance in the L/TR zone district. To be clear, the Applicant, is primarily interested in rezoning Lot 2B for the purposes of achieving 3 affordable housing units. Staff is proposing the rezoning of the entire property and the Applicant and the Planning and Zoning Commission are in agreement with this. Affordable Housing Units By the nature of the Applicant's request to develop three deed-restricted affordable housing units in the sub-grade garage, this constitutes a multi-family project. The City's definition of a multi-family project which (three or more attached units) is considered a subdivision. In addition, the nature of this request wiil, in effect, modify the original subdivision established through Ordinance 3 I, Series 1992. In order to be able to construct these units in this project, the applicant is requesting an Exemption from the City's Growth Management Quota System (GMQS). They are eligible for this exemption because these units would be permanently dedicated as 100% affordable housing. The Aspen Alps has requested the ability to provide these (rental) units to meet their staffing needs by providing on-site employee housing units in order to attract more permanent employees. Therefore, these units are to be specifically provided for Aspen Alps employees only and not for the general public. However, as a result of the Teiluride case, it has become somewhat of a challenge to enforce rental caps for private developments so that the City can ensure these units remain as affordable units for the Aspen Alps employees. This would not be the case if these units were "for sale" units. If the units are "for-sale" units, then they would become affordable category units available through the lottery (available to the general public) and then they could be controiled at category prices. In light of ail this, there are appropriate mechanisms through which the City will still be able to ensure these rental units will maintain their affordable housing status through appropriate language determined by the City of Aspen Attorney. In the past, other similar situations have provided the City of Aspen with a I II Olh of 1 % interest in the units so that the affordable housing status is ensured. SUMMARY In summary, Staff supports this proposal for the foilowing reasons: 1) The proposal is consistent with the AACP, in that, the AACP encourages the private sector to provide housing opportunities for its employees working in the City of Aspen in an infiil type of development. In addition, given the housing units' close proximity to Aspen's downtown, it provides an incentive for those employees to walk Aspen Alps City Council Memorandum 6 1"""\. ~ to shopping and so on, leaving their cars in the garage which is also strongly supported by the AACP; 2) The proposal of the sub-grade storage garage intends to remedy a parking problem for the Alps, significantly reducing a non-conforming situation with the Land Use Code by simply providing more parking for owners and visitors as weil as reducing existing trips on Ute Avenue due to the relocation of the laundry and maintenance facilities into the garage. This is ail done by burying the structure almost entirely underground, taking advantage of the existing topography of the site so that the structure wiil not visuaily impact views or change the character ofthe surrounding neighborhood to any significant degree. 3) Staff finds the rezoning of Lot 2B to be appropriate. In addition Staff further promotes the rezoning for the Aspen Alps property that is more consistent and logical with the lodge's location at the immediate base of Aspen Mountain and current and historic tourist-oriented use. In addition, the PUD overlay will serve to consolidate the development as a master plan for the property and serve as a safeguard for any future development, in that, it would require public involvement for any change. The Applicant would also be subject to the Growth Management Quota System (GMQS) for any proposed free market residential growth. HOUSING AUTHORITY RECOMMENDATION The Applicant presented the application to the City of Aspen / Pitkin County Housing Authority on May 2,2001. The Housing Authority unanimously recommended approval of the project (6 to 0) to the Planning and Zoning Commission. PLANNING AND ZONING COMMISSION RECOMMENDATION On June 19th, 2001, the Planning and Zoning Commission unanimously recommended approval of the project (5 to 0) to the City Council. In addition, the P&Z unanimously recommended City Council approve the rezoning of the entire Aspen Alps property as described above to L/TR PUD. STAFF RECOMMENDATION Staff recommends the City Council approve the planned unit development, rezoning, subdivision amendment, and growth management quota system exemption for the Aspen Alps Condominiums with the conditions listed in the Ordinance. RECOMMENDED MOTION "I move to approve Ordinance No.;2&., Series 2001, approving a planned unit development, rezoning, subdivision amendment, and growth management quota system exemption for Lot 2B of the Moses Lot Split. Further, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association of the Aspen Alps Condominiums is to be rezoned L/TRlPUD with the conditions placed herein." Aspen Alps City Council Memorandum 7 1"""\ , ("') ; CITY MANAGER'S COMMENTS ATTACHMENTS EXHIBIT A: CONSOLIDATED PLANNED UNIT DEVELOPMENT EXHIBIT B: REZONING EXHIBIT C: SUBDIVISION EXHIBIT D: GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION EXHIBIT E: PROJECT ApPLICATION Aspen Alps City Council Memorandum 8 f""'Il tj ORDINANCE NO.Z!, (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PROJECT PRESENTED BY THE ASPEN ALPS CONDOMINIUM ASSOCIATION FOR A CONSOLIDATED PLANNED UNIT DEVELOPMENT, REZONING, SUBDIVISION AMENDMENT, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR LOT 2B OF MOSES LOT SPLIT AND A REZONING OF THE LANDS WHICH INCLUDE LOT 2B, THE 300, 400, AND 700 BUILDINGS OF THE ASPEN ALPS, AND SURROUNDING LANDS OWNED BY THE ASPEN ALPS CONDOMINIUM ASSOCIATION, WHICH ARE CURRENTLY ZONED EITHER R-15 PUD OR CONSERVATION TO LODGE / TOURIST RESIDENTIAL PUD (LfTR PUD)THE ASPEN ALPS CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel1D: 2737-182-56-004 WHEREAS, the Community Development Department received an application from the Aspen Alps Condominium Association (Applicant), represented by Alan Richman, requesting land u~e approvals for a consolidated planned unit development, rezoning, subdivision amendment, and growth management quota system exemption for the construction of3 employee-housing units and a two level sub-grade parking garage. The property on which the construction is proposed to occur is described as Lot 2B of the Moses Lot Split, City of Aspen, Pitkin County, Colorado of the Aspen Alps Condominiums; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Housing, Environmental Health, Parks, and Water Departments; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department reconnnend~d approval for the proposed land use requests fW Lot 2B of the Moses Lot Split including a consolidated planned unit development, subdivision amendment, rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (L/TRlPUD)from R-15 PUD to L/TR PUD, and GMQS Exemption; and WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval, by an unanimous vote of six to zero (6 - 0), to the Planning and Zoning Connnission to approve the proposed three affordable housing units for the employees of the Aspen Alps Condominium Association; and WHEREAS, the City of Aspen Planning and Zoning Commission forwarded a reconnnendation of approval, by an unanimous vote of five to zero (5 - 0), to the City Council to approve the consolidated planned unit development, subdivision amendment, rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps City Council Memorandum 9 "" J r-j Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (L/TRlPUD)from R-15 PUD to L/TR PUD, and GMQS Exemption; 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 reconnnendation of the City of Aspen / Pitkin County Housing Authority, the Aspen Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a duly noticed public hearing on August 27,2001; and, WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Connnunity Plan; and, WHEREAS, the Aspen City Council, by a vote of_to _ L - ~, hereby approves a consolidated planned unit development, rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association to L/TR PUD, the subdivision amendment, and growth management quota system exemptions for the construction of 3 employee- housing units and a two level sub-grade parking garage on Lot 2B of the Moses Lot Split, City of Aspen; and, WHEREAS, the City of Aspen City Council finds that this Resolution 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 request for a consolidated planned unit development, rezoning, subdivision amendment, and growth management quota system exemption, are approved for the construction of 3 employee-housing units and a two level sub-grade parking garage located on Lot 2B; the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential are hereby rezoned to L/TR PUD, City of Aspen with the following conditions: I) That the Applicant shall provide full accessibility to the tennis courts located on top of the garage and that all bathrooms and office and laundry rooms require fuil accessibility as required by the City of Aspen Building Department; 2) That the Applicant shall designate specific parking spaces in the garage for the deed-restricted affordable housing units; Aspen Alps City Council Memorandum 10 r-., ."1 3) That the Applicant shail submit the following plans to the Engineering Department for approval prior to application for building permit: > Construction Traffic Maintenance Plan > Construction Erosion Control Plan > Drainage and Dewatering Mitigation Plan > Noise and Dust Control Plan > Soils report > Fuil set of construction plans 4) That the Applicant shall, prior to excavation, conduct two bores on the Southeast and Southwest comers of the proposed parking garage to determine the level of groundwater. If groundwater is encountered within the proposed excavation, a plan detailing how it will be diverted to the nearby mine drainage ditch is to be submitted to the City of Aspen Water Department for approval; 5) The Applicant shall agree that if seasonal water, groundwater, or dampness is encountered during excavation, the applicant will need to employ extra measures to make sure the proposed affordable housing units do not have mold or mildew problems. The Applicant shall agree to consult an engineer if this is the case; 6) That the Applicant shail be required by the City of Aspen Environmental Health Department to have the Aspen Alps management notify its contractors about City ordinances prohibiting vehicle idling for more than five minutes, and not starting construction work before 7 am; 7) That the Applicant shall be required to submit a Fugitive Dust Control Plan to the Environmental Health Department prior to the application of building permits. In addition, the Applicant is aware that there are no special regulations pertaining to movement of mine tailings in any area of the County or City of Aspen except those within the Smuggler Mountain Superfund Site boundary. However, these soils may contain more lead or other heavy metals than other dirt in the area, and nearby neighbors have already expressed concern to the applicants. Therefore, the Applicant shail require their contractor to keep all mine-related soils damp at all times as a dust suppression measure to prohibit the release of particulates into the air. The Applicant shall contact the Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the Applicant shall contact this office before moving soils off the site. The Applicant shall consult with the Environmental Health Department once they have soils test results. Finally, the Applicant shall maintain constant dialogue with the Environmental Health Department and include them as a monitor during the excavation of the soils for the project. Aspen Alps City Council Memorandum 11 , b' ~ () 8) That the Applicant shall be aware that the Director of the Environmental Health Department my require any person undertaking to conduct activity or development within the site to test any soil or material to establish it's total lead (Pb) content. Ail testing shall utilize and adhere to protocols established or approved by the United States Environmental Protection Agency (pursuant to Ordinance 25, Series 1994). 9) That the Applicant agrees to provide the Aspen Parks Department with an excavation plan that indicates how the proposed excavation will take place for the project; 10) That the Applicant shall provide the City Parks Department with an excavation and landscaping plan for their approval prior to the application of building permits that includes protection techniques to be employed in the areas marked "trees to be saved if possible" on the current landscape plan. If the spruce trees on the adjacent property directly to the south (along the fence) that are not marked on the site plan are damaged during excavation, the Applicant agrees to replace all the trees damaged at the Applicant's expense; I 1) That the Applicant shall file an appropriate deed restriction agreed to by the City of Aspen Attorney with the City of Aspen / Pitkin County Housing Authority prior to the issuance of building permits and the Applicant shall conduct a site visit and tour of the three employee units with the City of Aspen / Pitkin County Housing Authority Staff prior to the Certification of Occupancy; 12) That the Applicant shall draft a modified subdivision agreement that shail include the decision by City Council to amend the current restrictions associated with Lot 2B of the Moses Lot Split and the subject ofthis application and present it to the City of Aspen Attorney for approval and shall have this document recorded with the Pitkin County Clerk and recorders office; 13) That the Applicant understands that the existing restrictions on Lots 2A and 2B continue after the rezoning occurs. The Applicant agrees the deed restrictions will not be dissolved by the rezoning; 14) That the Applicant amends the plan to provide better access from the employee units to the parking spaces In the garage. Specifically, the Applicant shall add a garage access door from the walk around patio in front of the employee units to the top level of the garage where space 41 is currently proposed. Parking spaces for the employee units shall be required to be dedicated as close to that access door as possible; 15) That the Applicant utilize a color treatment such as earth tones for the employee units so that they are effectively blended into the hillside; Aspen Alps City Council Memorandum 12 o (") 16) That the Applicant shall not operate a dry cleaning service in the laundry facility proposed in the sub-grade garage; 17) That no night time lighting be installed for the tennis courts located above the sub-grade garage; 18) That the Applicant agrees that only Aspen Alps associated vehicles be permitted to use the garage. Specifically, those would be vehicles of the unit owners, visitors, employee unit residents, for maintenance and Laundry, and Aspen Alps fleet vehicles; and 19) That the Applicant has agreed to begin and conduct the excavation for the project only between October I and May 30 of the year(s) of construction of the project; 20) That the Applicant agrees to file for recordation a Final Plat / Plan PUD / Subdivision Improvement Agreement to the Pitkin County Clerk and Recorder's Office within 180 days of approval by the City Council indicating all current improvements and conditions of approval for the entire Aspen Alps property as described herein; 21) The Applicant shail convey an undivided fractional interest (one tenth of 0.01 %) 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. 22) The Applicant shail 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. Section 2: The Official Zone District Map of the City of Aspen shall be, and is hereby amended by the Connnunity Development Director to reflect rezoning of the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (L/TRlPUD)fromR-15 PUD to L/TR PUD, of the City and Townsite of Aspen, to Residential/Multi-Family with a Planned Unit Development (PUD) Overlay Zone District. Section 3: Ail material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Historic Preservation Connnission, Planning and Zoning Connnission, 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. Aspen Alps City Council Memorandum 13 t"""\ n 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 shail 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 23'd day of July, 2001. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 271h Day of August, 2001. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcestor, City Attorney Aspen Alps City Council Memorandum 14 r-., n EXHIBIT A PLANNED UNIT DEVELOPMENT 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD. A development application for a Consolidated PUD shall comply with the following standards and requirements. A. General requirements. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding: This application includes the request to construct three affordable housing units for the Aspen Alps employees. Policies adopted in the AACP speak directly to this affordable housing component of the application in the following ways: a) Provide 800 - 1300 additional affordable housing units within the Aspen Community Growth Boundary. More specifically, the AACP listed Core and In- Town Infill as a priority site / area to be explored as potential affordable housing sites. Three units in the proposed location would be consistent with this area; b) The public and private sectors should work together to provide this housing. The burden of providing affordable housing should not lie solely on the shoulders of the Housing Authority. Additionally, the local business community, non-profit entities, and local developers have much expertise and a definite interest in affordable housing and should be encouraged to contribute; c) A goal of the AACP is to encourage greater participation by the private sector in developing affordable housing; d) The AACP also reconnnends that the City "study opportunities to provide incentives in our development regulations and housing policies in order to encourage the development of affordable housing by connnunity groups, such as citizens, businesses and non-profits." The Applicant represents a private business that is coming forward to provide affordable housing for its employees. This housing is not being requested as required mitigation for free-market development; it is being sought to provide for the longer-term needs of the Aspen Alps and their associated operations. Specifically, the housing would be located innnediately next to where the employees work and would be in short walking distance (two blocks) from Aspen's downtown area and approximately four blocks from Aspen's Rubey Park Transit Center offering a variety of free bus services in town and down valley service. Aspen Alps City Council Memorandum 15 r-, ('\, 1;..... ."JjI 1. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding: The Aspen Alps is located in an area with a variety of residential and tourist accommodation uses. This variety includes a mix of single-family and duplex residences and larger multi-family complexes that are occupied by visitors and permanent residents. The larger multi-family complexes include the Gant Condominiums (which operates as a condominium hotel), and the Clarendon Condominiums, which are located across Ute Avenue from the Aspen Alps. In addition, the Black Swan Hall Condominiums are located west of the Aspen Alps. The surrounding land uses also contain a number of affordable housing projects which include: Billings Place, a seven unit affordable housing project built in the mid 1990s and Ute Park, a seven unit affordable housing project constructed about the same time as the Billings project. Given this limited presence of affordable housing projects in the immediate area, Staff finds that the addition of three affordable housing units located at the Aspen Alps property to be consistent with other affordable housing units in the surrounding area without creating a concentration of affordable housing in one area. There are four main zone districts covering the subject property and the innnediate surrounding area. Specifically, these include L1TR (Lodge / Tourist Residential), R-6 (Medium-Density Residential), R-15 (Moderate-Density Residential), and C (Conservation). Both the R-6 and R-15 maintain PUD (Planned Unit Development) Overlays. As stated earlier in this Memorandum, over half of the Aspen Alps (buildings 100, 200, 500, 800, and 777 Ute) is zoned L/TR. It should be noted, that this variety of zone districts are not consistent with the current uses to a large degree. For example, Aspen Alps buildings 300 and 400 (which are multi-family dwellings) are zoned R-15 PUD which makes them non-conforming because multi-family dwellings are not allowed in the R-15 Zone District. Further, the Clarendon Condominiums and the Black Swan Hall Condominiums (which are multi-family dwellings) are zoned R-6 which also makes them non-conforming because multi-family dwellings are not allowed in the R-6 Zone District. The purpose of the L/TR ZOll,e district is: to encourage construction and renovation of lodges in the area at the base of Aspen Mountain and to allow construction of tourist-oriented detached, duplex and multi-family residential dwellings. Indeed, the Aspen Alps is the use that fits this purpose as well as the other multi-family residential dwellings that are tourist-oriented such as the Clarendon, the Black Swan, and the Gant. In addition, building 700 of the Aspen Alps is zoned Conservation which is clearly inconsistent with the current use. The Ute Trail Townhomes, located on Ute Avenue, are properly zoned as R1MF (PUD). Aspen Alps City Council Memorandum 16 r') f) Given this fractured zoning for the Aspen Alps, Staff has recommended over the course of several years that the Applicant rezone those portions of the Aspen Alps to bring them into conformance with our land use code; that is to say, the Applicant should not just rezone Lot 2B, but should also rezone buildings 300, 400, and 700, thereby bringing them into compliance in the L/TR zone district. The Applicant has made it clear that this rezoning is only a mechanism to achieve the three affordable housing units as a part of the sub-grade garage on Lot 2B. The rezoning is not for the creation of free market development. The Applicant does not intend to expand the existing buildings or to change the character of those lands in any respect. However, given these zoning inconsistencies with the entire property, Staff encouraged the Applicant to rezone the entire property. In addition, the Applicants wish to apply a PUD overlay on the sought rezoning to L/TR. The Applicant's request for the PUD is.not for the ability to change or expand any of the dimensional requirements of the L/TR zone district; rather, it is to ensure that any subsequent change to any part of the entire Aspen Alps property wiIl require authority from the Aspen Alps to aIlow a PUD Amendment review process to proceed. 2. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: Upon review of this application, Staff finds that this development will not have a negative affect on the future development of the surrounding area. The design of the proposed garage has been sensitive to the existing topography and potential visibility of mass by placing the entire structure below grade that greatly minimizes any visual impact. In addition, the proposed landscape plan has been designed to be effective in screening the development from the neighbors as well as respectfully seeking the advice of the City of Aspen Parks department regarding the appropriate species and location of plantings to be sensitive to the site. Essentially, the existing topography and landscaping of the berm will relatively be the same after the project is completed. 3. 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 proposed uses are eligible for a growth management exemption, as follows: a. The proposed parking, laundry, and maintenance facilities are all accessory uses and are neither residential, commercial, nor tourist-accommodation uses. They are exempt from the requirement to obtain a growth management allotment; Aspen Alps City Council Memorandum 17 r" n b. The proposed affordable housing component of this application is eligible for a growth management exemption. 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. The proposed dimensional requirements are listed below and shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and 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: The proposed development's dimensional requirements as proposed through the establishment of this property's zoning as L/TR pun is represented in Table 1 shown on the foIlowing page. The applicant has used the L/TR zone district as the underlying guide in determining the dimensional requirements for the project. The only variation from the underlying zoning dimensional requirements is a variance for the minimum percentage of open space from a required minimum 25% to a proposed minimum of 17.5%. The Applicant is not proposing this variance so that they may reduce it further than what currently exists. Ifthe tennis courts were whoily visIble from the street, they would place the open space of the site weIl over the requirement as measured by the Land Use Code. It is simply due to the unique topography of the site that doesn't aIlow the open nature of the tennis courts to be completely viewed from Ute A venue qualifying them as open space. They wiIl still serve for all practical reasons as open space on the property. Aspen Alps City Council Memorandum 18 t"] (') Table 1. Dimensional Requirements Comparison (units measured in feet or square feet) 35,327 1 bedroom /1,000 sq, It, N/A 5 proposed bedrooms on 35,327 sq, It, 60 feet 197 feet 197 feet 10 feet 12 feet 12 feet 5 feet 15 (west side) 15 (west side) 20 feet (east side) 20 feet (east side) 10 feet 10 feet 10 feet 28 feet N/A N/A 10 feet N/A N/A 25% 17,5% 17,5% 1:1 N/A 0,20:1 (7,065 sq, It,) 2 spaces per two bedroom 5 Spaces in the garage will unit; 1 space per one N/A bedroom unit be devoted to the three units 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 subject site is a large berm with the existing tennis courts sitting on the top. The Applicant is able to excavate the berm and construct the two-story garage structure in the berm taking advantage of the existing topography. All of the proposed development wiil exist below existing grade thereby hiding the structure's mass and scale from view. The Aspen Alps proposal is similar to the sub-grade parking garage constructed by the Aspen Meadows below their tennis courts that essentially makes the structure disappear. As one stands on Ute Avenue, there will only be minor changes from what is seen today. The fronts of the three affordable units will face Ute A venue but wiil also have landscaping and the entrances to each level of the garage will be seen off of Aspen Alps South Road, (a privately owned road). The tennis courts will virtually be reconstructed just as they are today in dimensions and elevation. Aspen Alps City Council Memorandum 19 '-.J r'A , r) While the Applicant does not want to change any of the underlying zoning's dimensional requirements, the Land Use Code treats open space as a space that is viewed from the street. Currently, the tennis courts are not viewed from the street. The Applicant, though the PUD mechanism, wishes to adjust the minimum percentage of open space required from 25% to 17.7%. This is the only underlying zoning's dimensional requirement the Applicant wishes to change. It is for these reasons that the proposed development's dimensional requirements are almost a non-impact tothe surrounding area 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding: Consistent with the land use code requirements for providing appropriate parking spaces for the affordable housing units, the Applicant has designated 5 off street parking spaces (one per bedroom) to be located in the garage structure. The affordable housing units, also located in the sub-grade garage structure are located approximately two blocks from Aspen's downtown and approximately four blocks from Aspen's Ruby Park Transit Center offering a multitude of mass transit opportunities for a variety of needs. Because of this close proximity to the workplace, the downtown core, and mass transit opportunities, Staff finds that the parking associated with the affordable housing units to be appropriate and their location in relation to the aforementioned to be a disincentive for employees to get into their cars. 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: Adequate facilities are available to serve the proposed development. The anticipated impact of the proposed project should be minimal. A City water supply line and an Aspen Consolidated Sanitation District collection line run directly in front of the subject Aspen Alps City Council Memorandum 20 I') n property along Ute Avenue. Two fire hydrants are located immediately adjacent to the property; one is located directly across Ute Avenue from the proposed affordable housing units; the second is located near the Aspen Alps 300 building providing exceilent access to the rear of the proposed structure. Currently there are no drainage mitigation measures for the site. As proposed, and in accordance with the High Country Engineering evaluation of the proposed project, the development is not expected to significantly alter drainage patterns on the property since most activity will take place below grade. There will only be limited areas of newly created impervious surface added to the property including I) the entrance and exit ramps of the parking garage structure and 2) the patio/entry stairway to the affordable housing units. The tennis courts will be replaced exactly as they are today with no added increase of impervious surface. According to the High Country Engineering evaluation, several drywells will be installed to comply with the City's drainage mitigation requirements. The locations of the drywells and their associated swales are shown on the landscape plan. There will be no creation of new roads associated with this project and the existing Ute A venue and the privately owned Aspen Alps South Road are adequate to serve the proposed use regarding fire protection, snow removal, and road maintenance to the proposed development. No road improvements are expected as part ofthis development. 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 mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runo.lJ, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical naturalfeatures of the site. Staff Finding: There are no natural hazards or critical natural site features that should cause the density of the PUD to be reduced. The geotechnical study completed by Dr. Ailen Thurman has indicated the foilowing important' points: ;.. The land proposed for development is not subject to ground instability, mud flows, rock falls, or avalanche dangers. The coilapsed Durant Tunnel mine portal is located about 500 feet from the subject property. However, studies completed for the adjacent Aspen Alps City Council Memorandum 21 r'"\ () Aspen Chance Subdivision indicate there are no mine workings beneath this property that would be penetrated by construction activity. Site specific investigations will be conducted before any excavation and construction occurs, to ensure the foundation of the structure is properly designed; );- Construction of this project will require excavation ofIarge volumes of soil. These soils may contain mine wastes and tailings with contaminants. Appropriate care will be taken to ensure these materials do not become air borne. This will include protection of any materials being stored on-site, to prevent mud run-off or wind blown dust, and light watering of loads that are being hauled off-site. The Applicant has agreed to work closely with the City Environmental Health Department regarding these issues. More specificaily, the Environmental Health Department forwarded formal referral comments from the Development Review Committee (DRC) meeting. As a result, Staff has incorporated these comments into conditions of approval for this project. These conditions, inter alia, include: I. It is the opinion of the City of Aspen Environmental Health Department that there are no special regulations pertaining to movement of mine tailings in any area of the County or City of Aspen except those within the Smuggler Mountain Superfund Site boundary, However, these soils may contain more lead or other heavy metals than other dirt in the area, and nearby neighbors have already expressed concern to the applicants. For that reason, the Environmental Health Department recommends that the applicant require their contractor to keep all mine-related soils damp at all times. The applicant is also reconnnended to contact the Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the applicant should contact this Environmental Health Department before moving soils off the site. The applicant has offered to consult with this department once they have soils test results; 2. That the Applicant shall be required to submit a Fugitive Dust Control Plan prior to the application of building permits to the City of Aspen Environmental Health Department which shall include, but is not limited to fencing, watering of haul roads and disturbed areas, daily or more frequent cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. Dust control will be crucial due to the closeness of existing homes to the site. In addition, as discussed below, the soils may contain mine wastes, so, while not a regulatory requirement, the Applicant is encouraged to take extra care to prevent any dust from blowing off these areas; Aspen Alps City Council Memorandum 22 r'\ f) );> Along the south side of the proposed excavation, and perhaps along the south end of the east side of the excavation, the cut face will be too deep to remain stable without temporary support. This could be achieved through soil nails that will reinforce the soils as they are excavated. This is a fairly common construction technique for projects of this type on sloping properties. The soil nails may extend beyond the property boundary. Regarding this point, the Applicant has agreed to obtain the appropriate permission form adjacent property oWners prior to any construction activity. At the date of this Memorandum, the Applicant has received verbal approval from the affected neighbors. 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: It is clear that the Applicant does not intend to increase the project's density through the Planned Unit development. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and !!lan-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. 2. Structures have been clustered to appropriately preserve significant open spaces and 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 Aspen Alps City Council Memorandum 23 ~ r') Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 4. Adequate pedestrian and handicapped access is provided. 5. vehicular and pedestrian movement. 6. Site drainage is accommodatedfor the proposed development in a practical and reasonable manner and shall not negatively impact 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: Staff finds that there are no 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 with this small previously developed site. There will be no new additional structures constructed above grade to achieve any clustering. The parking garage is entirely below grade. The surface of the property will remain as it is seen today: a tennis court. Although the tennis courts are well above the street level and not completely seen from the street to qualify technically towards the Code's definition of open space. However, the tennis courts, for all practical purposes, function as complete open space. The Applicant has oriented the affordable housing units to Ute A venue, which will provide visual interest in an area along the street that has not historically had a pedestrian orientation. Since the parking garage is sub-grade and vehicular access has been oriented to the privately owned Aspen Alps South Road, Staff finds that both elevations of the project add to the visual interest that will be complemented through an approved landscape plan in accordance with the City Parks Department. Emergency vehicles will be able to access the affordable housing units from Ute Avenue as weil access to the property from the existing Aspen Alps South Road. Pedestrian access has been provided to the affordable housing units via stairs from Ute A venue and on grade walkways from Aspen Alps South Road. The sub-grade garage is a two level garage that function as separate levels; there is no inner ramp that vehicles use to go from one floor to another internally. As a result of this, there is an entrance / exist ramp for each level. This provides adequate access for service vehicles. The Applicant is not proposing a sidewalk on the south side of Ute A venue along the property. Currently, there is an existing sidewalk / trail along the north side of Ute A venue which sufficiently acconnnodates pedestrian traffic in the area. According to the plan drafted for the Ute Avenue Improvement District in the early 1990's did not anticipate a sidewalk on the south side of Ute A venue. There are also no other sidewalks along any of the properties on that side of the street. Aspen Alps City Council Memorandum 24 t""l. n During the DRC meeting, the Building Department required that the tennis courts, laundry facility, bathrooms, and office be fuily accessible. This has been reflected as a condition of approval in this Memorandum. The High Country Engineering study indicated that the drainage could be adequately acconnnodated on site by the installation of several new dry wells. This is an improvement to the site because the run-off from the existing tennis courts is not managed. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: The Applicant intends to landscape the property as a major component of this application. A landscape plan has been prepared by Kiernan Design Studio and is included in the application. It is the intent of the Applicant to preserve as much as possible existing landscaping on the site. The City of Aspen Parks department has been a major part of the discussion as to how to sensitively treat the site regarding existing and proposed vegetation. Currently, there is a moderate amount of native vegetation that has grown up naturally on the Ute A venue frontage that includes significant trees. The Parks Department has advised the applicant that those trees on the periphery of the property are significant and should be avoided. The landscape plan indicates the Applicant will plant a significant number of native species trees to replace those trees that must be removed as a result of the project. Specificaily, under the direction of the City Forester, the Applicant wiil replace the small grove of cottonwood trees along Ute A venue with new cottonwood trees in a similar pattern as the existing trees. In addition to these trees, the Applicant has proposed to plant over sixty new cottonwood trees and seven new aspen trees around the property. Further, the Applicant proposes to plant eleven (11) new spruce trees (ranging height from 8 _ I I feet) on the property in locations that will help screen views from surrounding properties. The City Forester also indicated the value of the native low ground cover that has established the area and directed the Applicant to plant similar native grasses to restore the native grass community currently on the slopes of the property. Aspen Alps City Council Memorandum 25 1'-\ ,... 1 ~ The Applicant has indicated on the landscape plan that there are a number of trees that mayor may not need to be removed as a result of the extensive excavation required for this project. In this light, the Applicant will have a more accurate tally of trees that would need to be replaced as a result of the excavation. The Applicant has identified eight spruce trees that would definitely need to be removed from the site. These are trees of 16' in height and too large to be relocated so via the City's tree removal ordinance, the Applicant is proposing to replace them with new trees. The Applicant has pledges to work with the City Forester to determine what additional mitigation may be necessary for what is depicted on the current landscape plan. The Applicant has offered to plant additional native trees on other areas of the Aspen Alps property that are deemed appropriate by the City Forester. 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 that 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. 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. 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 vast majority of the proposed structure will be hidden from view as it is primarily sub-grade as seen, most particularly, from the most visible elevations of Ute Avenue and Aspen Alps South Road. As a result of this existing topography, the existing berm will effectively hide the structure's massing and scale not only because the structure is sub- grade, but also as a result of extensive landscaping. The portions of the structure that are visible include the front facades of the employee housing units on Ute Avenue and the entrance / exit ramps and doors located on Aspen Alps South Road. The fencing around the tennis courts will be replaced in their current location back from the edge of the berm. The Applicant has been able to take advantage of an existing landform and effectively Aspen Alps City Council Memorandum 26 r1 r1 used it in an efficient manner as well as paying particular attention to the details visible to the neighboring properties and landforms. The Applicant has proposed to locate the employee units on the Ute A venue frontage, which face north thereby reducing the ability of taking advantage of solar access. However, by burying the units into the berm, energy costs will be reduced as well. The landscape plan pays particular attention to this situation so as to not plant vegetation that would interfere with allowing a maximum amount of natural light and air into these units. The roof of the structure is the tennis court, which is essentially a flat roof. Snow storage will occur the same way it is currently handled following the realization of the project; there are substantial amounts of space on the site to accommodate snow storage. 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. 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 prohibitedfor residential development. Staff Finding: The Applicant intends to fully comply with the City of Aspen's new lighting ordinance with all proposed lighting associated with this project. 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. 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. 3. There is proposed an adequate assurance through a legal instrumentfor the permanent care and maintenance of open spaces, recreation areas, and shared Aspen Alps City Council Memorandum 27 F"I I") facilities together with a deed restriction againstfuture residential, commercial, or industrial development. Staff Finding: The tennis courts located on the surface of the property will remain under the ownership and maintenance of the Aspen Alps Condominium Association. 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. 2.Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding: As mentioned in the sections above, adequate public infrastructure facilities exist to acconnnodate the development as proposed. The Applicant agrees that any upgrades or necessary extensions that are determined to be necessary to serve the project will be provided at the owner's expense. L Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding: The subject lot 2B is currently accessed from Ute A venue and Aspen Alps South Road. The latter of the two is a privately owned and maintained road providing access to the Aspen Alps Condominium complex as well as several single-family homes. Primary access to the site will be off of Aspen Alps South Road. Aspen Alps City Council Memorandum 28 I) r"'\ 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: The proposed developm~nt will not significantly increase the amount of traffic in the area; the garage structure is car storage in function and there will be few trips generated from the 5 employee unit associated spaces due to the close proximity to the work place and Aspen's downtown. The other associated uses with the proposed structure including the laundry and maintenance spaces will not generate any significant increase in trips on Ute Avenue or the Aspen Alps South Road. As a result of this, there are no road improvements proposed to Ute A venue and only a slight modification where the entrance / exit ramps to the garage will connect to Aspen Alps South Road. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposedfor appropriate improvements and maintenance. Staff Finding: There are no new trail dedications proposed as part of this project. The Aspen Alps has made prior open space and pedestrian dedications in connection with other developments. The Applicant has further delineated certain "Open Space" on a map included in the application for reference. Specifically, there are two parcels that were purchased by the Aspen Alps and donated to the Aspen Valley Land trust as Open Space. One of those parcels is located along the Little Nell slope and the second is located at the base of the little Nell. The intention by this purchase and donation was to ensure these areas around the base of the mountain remain as Open Space and ensure public access for the public to the Silver Queen Gondola. Additionally, the Aspen Alps worked with the City of Aspen to vacate the portion of Ute Avenue as it extend west through the Original Street curve towards the Little Nell Hotel creating a pedestrian oriented walkway connecting to downtown. Lastly, Lots 2A and 2B (the subject of this proposal) were obtained by Mr. Mitchell and Mr. Bomefield and were voluntarily restricted against development by the Aspen Alps. The Applicant does not intend to make any changes to Lot 2A and it will remain undeveloped. The proposal only affect Lot 2B which is currently developed as tennis courts as discussed in this Memorandum. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Aspen Alps City Council Memorandum 29 ~ ~ Staff Finding: No additional trail reconnnendations from the AACP affect this property. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Staff Finding: There are no streets planned within the project. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding: The Applicant is proposing no such gates or other entryway expressions as part of this project. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criterion 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. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding: The Applicant does not intend to phase this project. Aspen Alps City Council Memorandum 30 t"l n EXHIBIT B 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 this standard has been met in the PUD and in the Applicant's Application. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding: Please refer to the response provided for in Exhibit A, Planned Unit development, Section 26.445.050(A)(1). Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The area, which is being proposed for rezoning, has had an interesting history. Today, a majority of the uses preceded the zoning classifications as a result of a downzoning philosophy that occurred in the mid 1970s thereby making those uses non-conforming. The Aspen Alps is located in an area with a variety of residential and tourist accommodation uses. In addition, when the City adopted the 8040 Greenline provision in the Land Use Code, the line that was actually drawn on the Official Land Use Map actually split zoned certain properties and everything above the 8040 Greenline was zoned Conservation, again creating nonconforming structures and uses. Conversely, today's Land Use Code seeks to bring non-conforming uses and structures into compliance. The rezoning component of this application seeks to do just that. It intends to bring the existing nonconforming uses and structures into compliance with the Land Use Code by rezoning the current uses at the Aspen Alps, defined as lodge and tourist-oriented residential uses located at the base of Aspen Mountain, to a more logical zone district for both the use and the location. Staff believes the most appropriate zone district to achieve this end to be Lodge / Tourist Residential or L/TR with a Planned Unit Development or PUD overlay. Currently, over half of the Aspen Alps Condominiums property is already zoned L/TR, the remaining portions are zoned Conservation (C) or Moderate-Density Residential PUD (R-15 (PUD). Aspen Alps City Council Memorandum 31 ~ () , Presently, the area of discussion includes a mix of single-family and duplex residences and larger multi-family complexes that are occupied by visitors and permanent residents. The larger multi-family complexes include the Gant Condominiums (which operates as a condominium hotel), and the Clarendon Condominiums that are located across Ute Avenue from the Aspen Alps. In addition, the Black Swan Hall Condominiums are located west of the Aspen Alps. The surrounding land uses also contain a number of affordable housing projects which include: Billings Place, a seven unit affordable housing project built in the mid 1990s and Ute Park, a seven unit affordable housing project constructed about the same time as the Billings project. Given this presence of affordable housing projects in the immediate area, Staff finds that the addition of three affordable housing units located at the Aspen Alps property to be consistent with other affordable housing units in the surrounding area without creating a concentration of affordable housing in one area. Specifically, there are four main zone districts covering the subject property and the immediate surrounding area. Specifically, these include L/TR (Lodge / Tourist Residential), R-6 (Medium-Density Residential), R-15 (Moderate-Density Residential), and C (Conservation). Both the R-6 and R-15 maintain PUD (Planned Unit Development) Overlays. As stated earlier in this Memorandum, over half of the Aspen Alps (buildings 100,200,500,800, and 777 Ute) is zoned L/TR. (See Map Below) It should be noted, that this variety of zone districts are not consistent with the current uses to a large degree. For example, the Aspen Alps buildings 300 and 400 (which are multi- family dwellings) are zoned R-15 PUD which makes them non- conforming because multi- family dwellings are not allowed in the R-15 Zone District. Further, the Clarendon Condominiums and the Black Swan Hall Condominiums (which are multi-family dwellings) are zoned R- 6 which also makes them non-conforming because multi-family dwellings are not allowed in the R-6 Zone District. 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 and to allow construction of tourist-oriented detached, duplex and multi-famiiy residential dwellings. Aspen Alps City Council Memorandum 32 r'J n Indeed, the Aspen Alps is the use that fits this purpose as weU as the other multi-family residential dwellings that are tourist-oriented such as the Clarendon, the Black Swan, and the Gant. In addition, building 700 of the Aspen Alps is zoned Conservation which is clearly inconsistent with the current use. The Ute Trail Townhomes, located on Ute Avenue, are properly zoned as R1MF (PUD). Given this fractured zoning for the Aspen Alps, Staff has recommended over the course of several years that the Applicant rezone those portions of the Aspen Alps to bring them into conformance with our land use code. The Applicant should not just rezone Lot 2B, but should also rezone buildings 300, 400, and 700, thereby bringing them into compliance in the L/TR zone district. In addition, the Applicants wish to apply a PUD overlay on the sought rezoning to L/TR. The Applicant's request for the PUD is not for the ability to change or expand any of the dimensional requirements of the L/TR zone district; rather, it is to ensure that any subsequent change to any part of the entire Aspen Alps property will require a PUD Amendment review process which includes public review ifthere are significant changes in the future. In effect this rezoning wiU achieve a land use and zoning designation that is very compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The proposed zoning map change should not significantly affect traffic generation and road safety. The most significant element of this project is the construction of a two-level parking garage. However, this parking garage, acconnnodating 69 parking spaces, will serve primarily as a storage facility to store Aspen Alps owners' vehicles. The analysis provided below illustrates the potential impacts of this project as it relates to the proposed parking facility, laundry and maintenance facilities, and the three employee housing units. 1. Proposed Parking Facility The purpose of the parking facility is to provide a storage space for cars owned by Aspen Alps unit owners. And by the guests and visitors who also occupy Alps units. Presently, most of the owners' vehicles are stored throughout the property, near their units. These owners only use their units for a very limited number of months during the year, while the rest of the year the units are rented to visitors/ guests. This presents a problem because there is not enough parking space to handle not only the cars stored by the unit owners, but also the visitors to the Alps renting those units. In addition, the Aspen Alps must either move the cars around on-site or to off-site locations in order to conduct snow removal operations. An inventory of the current parking capacity per building / units of the Aspen Alps is provided in Table 2 below: Aspen Alps City Council Memorandum 33 r'\ fj Table 2 100 16 12 200 17 16 300 8 4 400 8 5 500 8 7 700 11 16 800 9 5 The chart above illustrates that there are currently 65 parking spaces serving 77 units. Most buildings have less than one parking space per unit. The Land Use Code requires I space per studio or one bedroom dwelling unit and 2 spaces per two bedroom or more dwelling units. All of the units except for 2 contain two or more bedrooms; the other 2 units are one bedroom units. Since there are 77 units at the Alps, 75 of them each require 2 spaces (150 spaces required) and 2 of them each require I space, for a total of 152 spaces required, compared to 65 provided. Therefore, Table 2 indicates that the Aspen Alps is currently weIl "under parked" according to the Land Use Code parking requirements by 18 spaces. The addition of the parking garage that would include 69 spaces wiil be a way to significantly reduce or eliminate the current nonconforming status regarding parking in the complex as weIl as meeting the needs of the unit owners and their guests. The purpose of the garage is a storage facility. It is not intended to serve as a garage where cars enter and exit daily such as a municipal parking garage. The only time when unit owners' cars wiil be removed from the facility will be when the owner stays in their unit. The vehicle wiIl be moved to a space near the unit for the duration of the owners stay and returned to the garage foIlowing the visit. Some unit owners currently store their vehicles off-site, which are retrieved by the Aspen Alps when those owners come to stay in their units. The parking garage would serve to house those cars so that those trips are eliminated. Visitors and guests of the Aspen Alps would also be allowed to park their vehicles in the structure. As a result of having this parking facility available to them in conjunction with the required paid and timed parking throughout Aspen downtown, it serves as an incentive to leave the car in the garage and walk three of four block into town. This, importantly so, is also highly supported in the AACP. The Aspen Alps currently operates seven vehicles, (one of which is an electric vehicle), including two shuttles that aIlow the occupants of the units to stay without a vehicle or to leave their vehicle parked if they have brought one. The Aspen Alps is also currently investigating the viability to have all electric vehicles to be operated in the warmer months. Aspen Alps City Council Memorandum 34 ~ f) Primarily, the additional trips generated on Ute Avenue would result from the storage and retrieval of unit owners' vehicles from the 100,200,800 buildings, and the 777 Ute building. These buildings are all known as the downhill properties. The other Alps buildings, 300, 400, 500, and 700 are served by the private Aspen Alps South Road and would not contribute to additional trips along Ute A venue to go to or from storage in the garage. 2. Laundry and Maintenance Facility Currently, the Alps performs a "terry" laundry operation in the 100 building in a limited space. The rest of the "linen" service is outsourced to Vail, Colorado on a daily basis. This proposed facility would provide the Alps with the ability to handle their entire laundry operation on-site thereby eliminating these trips. The new facility would serve as the primary laundry facility for the Alps. Trips that are currently required to serve the uphill buildings (300, 400,500, and 700) would be eliminated from Ute Avenue. The maintenance facility, also incorporated in the interior of the structure, will be able to serve the uphill buildings as weil and reduce the necessary trips on Ute A venue similar to the laundry operations. 3. Employee Units The Applicant proposes three employee affordable housing units to be located in the top level of the parking garage fronting Ute A venue. This new use will be the one new use that will add new trips to the project. On average, a dwelling unit generates between 5 and 10 trips a day. The employee units will have five dedicated parking spaces (I per bedroom) in the garage. Staff believes the trip generation for these units will be low due to the close proximity to the place of work and Aspen's downtown core. However, the maximum potential for trip generation according to the standard referred to above would be between15 and 30 trips. 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. Staff Finding: There is expected, according to the City Utility Departments who connnented during the DRC process, little impact on public facilities. As stated above, Adequate facilities are available to serve the proposed development. A City water supply line and an Aspen Consolidated Sanitation District collection line run directly in front of the subject property along Ute A venue. Two fire hydrants are located immediately adjacent to the property; one is located directly across Ute Avenue from the proposed affordable Aspen Alps City Council Memorandum 35 ('\, r-l housing units; the second is located near the Aspen Alps 300 building providing excellent access to the rear of the proposed structure. Currently there are no drainage mitigation measures for the site. As proposed, and in accordance with the High Country Engineering evaluation of the proposed project, the development is not expected to significantly alter drainage patterns on the property since most activity will take place below grade. There will only be limited areas of newly created impervious surface added to the property including I) the entrance and exit ramps of the parking garage structure and 2) the patio/entry stairway to the affordable housing units. The tennis courts will be replaced exactly as they are today with no added increase of impervious surface. According to the High Country Engineering evaluation, several drywells will be installed to comply with the City's drainage mitigation requirements. The locations of the dryweils and their associated swales are shown on the landscape plan. There will be no creation of new roads associated with this project and the existing Ute A venue and the privately owned Aspen Alps South Road are adequate to serve the proposed use regarding fire protection, snow removal, and road maintenance to the proposed development. No road improvements are expected as part of this development. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: This project does not anticipate any adverse impacts on the environment. To the contrary, by the construction of this facility, the Applicant will not be creating any significant traffic increase, which will not impact air quality, and they will be managing storm water run-off that is currently not managed. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The proposed amendment is consistent and compatible with the character of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: As a result of the disjointed construction of the Aspen Alps project, the Applicant is intending to develop better facilities to improve the functioning of the complex. As noted earlier in this Memorandum, the zoning designation for the property was applied virtually 10 years after the Alps was constructed. This downzoning was the effect of the adoption of the 1973 Aspen Land Use Plan, which made most of the development in the area Aspen Alps City Council Memorandum 36 ~ r'"'l if nonconforming such as the Gant and the Clarendon Condominiums. More importantly, the City has since recognized that this downzoning began to effectively reduce the tourist accommodation inventory. In response to this decline of tourist accommodation base, the City has use a variety of land use planning mechanisms to reverse this decline including the use of PUDs, Specially Planned Areas (SPA), code amendments such as the creation of the Lodge preservation program which was created to help to preserve Aspens tourist lodging base through the smail lodges as well as creating easier ways for them to expand. 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. Staff Finding: This rezoning would 1) allow the ability to provide employee housing for the Aspen Alps employees, 2) allow the Aspen Alps to become a conforming use, and 3) provide necessary support facilities for an important segment of Aspen's tourist accommodations inventory. Aspen Alps City Conncil Memorandum 37 , A i n 26.480.050 Review Standards. A development application for subdivision review shail comply with the following standards and requirements: A. General requirements. EXHIBIT C SUBDIVISION AMENDMENT a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding: Please see the Staff Response provided in Exhibit A, Planned Unit Development, Section 26.445.050(A)(1). Staff finds this criterion to be met. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding: Please see the Staff Response provided in Exhibit B, Rezoning, Section 26.31O.040(C). Staff finds this criterion to be met. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding: The proposed subdivision will not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding: The proposed subdivision will comply with all applicable requirements of Title 26. B. Suitability of landfor subdivision. a. Land suitabilitv. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Aspen Alps City Council Memorandum 38 , f'\ n Staff Finding: Again, Staff finds the Applicant has more than adequately responded to this standard through the PUD standards and through the Application. C. Improvements. The improvements setforth at Chapter 26.580 shall be provided for 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. Staff Finding: The Applicant is not requesting any variances from these improvements standards. D. Affordable housing, A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding: The project contains 100% affordable housing. As such, the proposal is eligible for an exemption from Growth Management Quota System discussed later in Exhibit D. E. School Land Dedication. Compliance with the School Land Dedication Standards setforth at Chapter 26.630. Staff Finding: 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). In this case, the Applicant is proposing 2 two- bedroom units and lone-bedroom unit of affordable housing for a total of five bedrooms that equates to a Land Dedication Standard of 0.0012 for the one bedroom and 0.0095 for the two bedroom unit. Since there are more than one unit proposed for this subdivision, then each unit shail be assigned its proportionate share pg the current market value which in this case equates to $2,666.00 per unit. The fee is calculated as $17.082. Aspen Alps City Council Memorandum 39 , I) () EXHIBIT D GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION 26.070.070(J) Affordable housing. Indicates that all affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt. Staff Finding The Applicant is proposing three (3) deed-restricted affordable housing units to accommodate on-site employee needs of the Aspen Alps. The Applicant proposed this request before the City of Aspen Housing Authority on May 2, 200 I. Specifically, the request proposes the following mix: Unit 1 Unit 2 Unit 3 3 Units (total) Size 2 bedroom; 950 sq. ft. 1 bedroom; 850 sq. ft. 2 bedroom; 950 sq. ft. 5 bedrooms (total) Deed Restriction Category Category 3 or 4 Category 2 Category 3 or 4 By the nature of the Applicant's request to develop these affordable housing units in the sub-grade garage, this constitutes a multi-family project. The State of Colorado's definition of a multi-family project (three or more attached units) is a subdivision. In addition, the nature of this request will, in effect, modify the original subdivision established through Ordinance 3 I, Series 1992. In order to be able to construct these units in this project, the applicant is requesting an Exemption from the City's Growth Management Quota System. They are eligible for this exemption because these Units would be permanently dedicilted as 100% affordable housing. As a result of the Telluride Case, the City of Aspen has no mechanism to ensure that these units will remain as affordable units for Alps employees because the City cannot impose rental rate caps on private development projects. Because of this, and in projects similar to this, the City of Aspen is suggesting that the Aspen Alps transfer a 1/1 Olh of I % real property interest in these units to the City unless the applicant wishes to make these units "for-sale" units. If the units are "for-sale" units, then they would become affordable category units available through the lottery (available to the general public) and then they could be controlled at category prices. Aspen Alps City Council Memorandum 40 .~. ,~ JUL 31 '01 16:40 FR INTL PROD PLANNING 313 493 4392 TO 819709205439 "1; P.01/01 r"'1 '1 July 31,2001 Post-It" Fax Note To p~ -:r CoJOept. Co. PhOne II 3-tnB"T Aspen City Parks Dq:>ar1ment Cily'll Urban Foreoter S8S O:mctery Lane ",..~,OlI0rad0 81611 "', "/',;"'/' "",~t""'" Dear Mr. 'Steven ElIspenn:m, rm eoq:;... ! . 's!. some of ~ coocems in reference to the Public Notie<: of the Aspen Alps planned unit development and rezoning oflot. 2B. Phol'\8~ Faxll Fax I ~ My condominium UDitJ-304 ontbethiId floor, locaoodat1be Gant, has a direct view of the plannedr=ning and deveIopment ofIot. 2B on Ute Aveuue. I have a U1aIked interest wiIh the prqject since it will effect my beautifill view and pI'OpCl'tyva1ue. Pre1etring the cummnaturnl slate of the hillside on Ute aveuue, I also recognize tile need fur the Aspen Alps to have employee -housing, laund1y tllcilities, maintenance tllcilities and a subgrnde parlcing garage. My concem with the project is as fuJIows: · According to the ~plicatiOl\ for Rezoning - Consolidated PUD Review - Subdivision Review- Growth Management Exemption on page 21. eleven new spruce trees will be planted around the pIUp\:Ity in locations where they will help to screen views from the SI1l'Il)unding residences. Unfurtunatelynone of these trccs arc to beplllllredon Ure Avenue to screen my view, From the application, all exc~ one of the cumm eveIglllens along Ute Avenue will be removed and in their place will !le planted Cottonwood trees (aooarding to the SUIVI)yar's ccrtificaro many of the cxistiDg Sprucc trees llIe not even shown along Ute AVCIlUe). " ,,:,',""~7: ~ are a messy tree in the spring time, .Mitinnally, tire IIUJSt important issue is tbatthey're , ' deci$ous trees so my winter view of the new structuIe will not be masked as it is now. Since Fm on the third floor and not at street level my unit will have a direct view of this strucl11re. I would prefilr that the e-,.,:. 1,.,Colorado spruce be saved lllldrepIal1ted it'poosible similarto the other sides of the prqject L... ~ ".be trees mit:igatcd. FUl1IJcrmorc, rd pICfct that the ml\iority of the new ~ to be planted are Co1ciiado Spruce instead of Cottonwood trees to help mask the structure in the winter months. , . I strongIybclievethat these conCCDlS would itnprovc the proj<:x:t and help it blend ill more with the natural cnvironml:nt. I hopethat you can t.lkl;thcsc i&!ucs into considemtion befure the project is approved. I I f I Thmk~ HowardW. Meyer Owner ot'Oant J-304 2660 Middlcbwy Lane BloomtieJtlHiDs, M148301 Email:HWM4@D~er.= Phone 31~-493-8787 CC: PamclaM. Cunningham f;R<i JamJllIl ti , . ,~ ** TOTAL PAGE.01 ** AUG 27 '11 ~6:31 F~TL PROD PLANNING 313 493 4392T~9709205439 J 1 P.02/02 27,20 I pen County Community Development Department 30 S, Galena trcet n, Color 81611 ear Mr. Fred ammn, m cxpressin my concern in rd'erence to the PubUc Notice of the Aspen Alps planned unit evelopment d rezoning orIot 2B. y condominifnn Unit J-304 on the third floor, located at the Gaul, has a direct view of the planned rezoning d developmcfrtoflot 2B on Ute Avenue. I have a marked interest v.ith the project since it v.i11 effect my . ful view fd property value. . theEent natural state of the billside on Ute a~ue, 1 also recognize the need for the Aspen Alps . have emplo -housing, laundry facilities, maintenance facilities and a subgrade parking garage. My ncem with t.. . pmiect is as fullows: I _'-J . ' to the 'Application fur Rezoning - Consolidated PUD Review - Subdivision Review - Gro\\<1:h Exemptionl on page 21, eleven DeW spruce trees will be planted around the property in here they will help to screen views from the surrounding residences. Unfortunately none of are to be on Ute Avenue to he1 screen m view. From the application, all except one evergreens along Ute Avenue will be removed and in their place v.i11 be planted Cottonwood in to the surv or's certificate most ofthe existin e are not ev 0 v At::c . Manage locations these tr of the trees a The Cotto. woods to be planted are messy trees in the spring time, the most important issue, they're deciduous ees so my winter view of the new SlIUcture will not be IllllSked as it is now. Since rm on the third floor not at street level my unit will have a direct view of this nev; structure. I wonld prefer that the c:xistill Colorado o;pruce be saved and replanted if posSlble similar to the other sides of the project . having . mitigated. Furthennore, rd prefer that the majority of the nev; trees to be planted are Colorado fpruce instead of Cottoawood trees to help mask the stlUcture in the winter months. , ~ong1y beliF,. e that these concerns would im, prove the project and help it blend in more with the natural . Yironment. I :ve talked to thC City UIban Forester but the above stiU has not been resolved. I hope that you take these es into tonsideration before the project is approved. , . l ** TOTAL PAGE.02 ** 08/21/01 TUE 09:21 FAX 970 925 7395 r') Haas Land Planning, LLC n 14J002 PUBLIC NOTICE RE: MOUNTAIN CHALET REZONING FROM LODGE I TOURIST RESIDENTIAL (LfTR) TO LfTR 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.m. before the Aspen City Council, Council Chambers, City Hall, IJO S. Galena St., Aspen, to consider an application submitted by Ralph MelvilIe, 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 Deveiopment; Subdivision for the Mountain Chalet located at 333 E. Durant Avenue, Lots E, F, G, H, aog I, Block 84, City of Aspen, Pitkin County, Colorado. For further infolDlation, contact Fred Jannan at the AspenJPitkin County Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, fredj@cLaspen.co.us. slHelen Klanderud, Mayor Aspen City Council City of Aspen Account Published in the Aspen Times on Au:p;:;( 25,2001 r'1 t"""\ ~.",: 3'!ir. D. MEMORANDUM TO: Planning and Zoning Commission ~ Joyce Ohlson, Community Development Deputy Director , . .J~d-?+-VI 6,,: Ivlh (-u~) THRU: FROM: Fred Jarman, Planner p.:s. RE: Aspen Alps Condominiums ConsoUlIated Planned Unit Development, Rezoning, Subdivision Amendment, GMQS Exemption DATE: June 12,2001 (Continued fromJllne12th tc> Junll19t\ 2001) PROJECT REQUEST SUMMARY: The Aspen Alps Condominium Association (Applicant), represented by Alan Richman, requests land use approvals in order to redevelop Lot 2B of the Aspen Alps Condominiums, currently developed as tennis courts, into a two-level sub-grade parking garage to be located under tennis courts which will include a maintenance and laundry facility, and 3 employee-housing units for the Aspen Alps. The Applicant wishes to rezone Lot 2B (which is the subject property for the proposed redevelopment) from R-15 PUD to Lodge / Tourist Residential PUD (L/TR PUD). Staff is proposing to rezone the remainder parcels of the Aspen Alps complex to L/TR including the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association. These lands are currently zoned either R-15 or Conservation and are proposed to be rezoned Lodge / Tourist Residential PUD (L/TR PUD). Staff's goal is to consolidate the entire development into one PUD with appropriate zoning. In order to accomplish this project, the Applicant's land use requests include: 1) Rezoningfrom R-15 PUD and Conservation to L/TR PUD (Rezoning Lot 2B to L/TR PUD would allow the 3 affordable housing units, defined as multi-family units, to be constructed as a permitted use. In addition, and upon Staff's request, this rezoning will also include rezoning the rest of the Aspen Alps buildings to L/TR PUD.) 2) Consolidated Planned Unit Development; (A Consolidated PUD is required because the underlying Zoning of Lot 2B maintains an existing PUD overlay.) Aspen Alps Planning & Zoning Commission Memorandum Page I r) ~ 3) Growth Management Quota System (GMQS) Exemptionfor Affordable Housing; (A GMQS Exemption is being sought for the three proposed deed restricted Affordable Housing units.) 4) Subdivision (A requestfor subdivision is soughtfor I) the development of the three Affordable Housing units and 2) an amendment to the original subdivision approval of Ordinance 31, Series 1992.) 5) Residential Design Standard Variances (Two variances are requested due to the existing site constrains) ApPLICATION PROCESS: The Applicant's requested land use approvals will require the following process outlined in the matrix below. 1 Staff Review 2 Housing Board - "~ ~- 3 Planning & Zoning Commission 4 City Council Rezoning, GMQS Exemptions, Consolidated PUD, . Sub!li'Vi~ion Employee Unit Review (for Referral COII!Dl~n.ts) Rezoning, GMQS Exemptions, Consolidated PUD, Subdivision Rezoning, GMQS Exemptions, Consolidated PUD, Subdivision STAFF COMMENTS: Understanding the recent history of ~e Aspen Alps Condominiums is important to this application. In 1992, the Applicant received subdivision approval via Ordinance 3 I, Series of 1992 from the City, effectively creating three lots: Lots 2, 2A, and 2B known as the Moses Subdivision. Although, there is a recommendation from the Connnunity Development Department to rezone all of the Aspen Alps, Lot 2B is the sole subject of this application regarding development. Ordinance 31 spelled out specific burdens for Lot 2B which are one of the key issues surrounding this application. Specifically, Ordinance 3 I placed certain conditions on the future development of Lot 2B that, although entered into voluntarily by the Applicant, stated: 1) The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units; Aspen Alps Planning & Zoning Commission Memorandum Page 2 f"; t""'\ 2) No further development or additional lot area for floor area, bedrooms and additional density or major new recreationalfacilities such as tennis courts and swimming pools shall Occur on said Lots 2A and 2B. The Applicant is aware their proposal to add three (3) deed restricted affordable housing units is in direct conflict with Ordinance 3 I; that is to say, it will add approximately 6,500 sq. ft. of floor area and bedrooms to Lot 2B. As a result of this conflict, the Applicant is requesting City Council replace Ordinance 31 with a new Ordinance to allow this development to take place. Further, the Applicant would like to establish the maximum allowable floor area ratio to be 0.20: 1 for Lot 2B to accommodate the above grade sections ofthe development which includes the three (3) deed restricted affordable housing units. The Applicant has indicated that no free market units are to be built on Lot 2B at this time or any time in the future. The Applicant proposes the garage, maintenance facility, and laundry facilities as accessory uses to the Aspen Alps. The Aspen land Use Code treats accessory uses (Pursuant to Section 26.575.140) as the following: An accessory use shall not be construed to authorize a use not otherwise permitted in the zone district in which the principal use or structure to which it is accessory. An accessory use or structure may not be established prior to the establishment of the principal use or structure to which it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. In accordance with this definition of an "Accessory Use", Staff maintains that the garage, maintenance facility, and laundry facilities are accessory to the principal use. Even though the proposed uses as described above could be considered accessory uses to the Aspen Alps in the R-15 / PUD zone district, the request to provide three (3) affordable housing units is not allowed in the R -15 zone district. Specifically, the Land Use Code states development of three or more attached dwelling units (that have kitchen and bath facilities) is considered multi-family housing, which is not permitted in the R- I 5 zone district. In order to accommodate the employee housing component of this project, the applicant proposes to rezone Lot 2B from R-15 PUD to the Lodge / Tourist Residential (L/TR) zone district with a PUD overlay where multi-family dweilings are allowed as a permitted use. Rezoning from R-15 PUD to LfTR PUD The Aspen Alps Condominiums are situated at the base of Aspen Mountain and contain three different zone districts: Conservation (C), Lodge / Tourist Residential (LlTR), and R-15 (PUD). In earlier discussions with the Applicant and Connnunity Development, Staff suggested the Applicant rezone the entire Aspen Alps to L/ TR (PUD) and not just rezone Lot 2B even though this proposed development will take place entirely on Lot 2B. Aspen Alps Planning & Zoning Commission Memorandum Page 3 - '1 I""; This would, in effect, clean-up this area's current zoning fragmentation without substantial changes to already existing development rights. Even though the Applicant has applied to only rezone Lot 2B to L/ TR (PUD), Stafffeels that rezoning the entire property is in the best interests of the City. This rezoning of the property to L/ TR (PUD) is intended to place a clean and logical zoning classification on the Aspen Alps Condominium. In addition, the Applicant's request for the PUD is not for the ability to change or expand any of the dimensional requirements of the L/TR zone district; rather, it is to ensure that any subsequent change to any part of the entire Aspen Alps property will require a PUD Amendment review process which includes public review if there are significant changes in the future. In effect this rezoning will achieve a land use and zoning designation that is very compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Further, the PUD overlay would establish a site-specific set of dimensional requirements that would serve as a safeguard to any future changes to the property, in that, any future requests would require City review in a PUD Amendment process. The area proposed for rezoning, has had an interesting history. Today, a majority of the uses preceded their current zoning classifications. As a result of this apparent downzoning philosophy that occurred in the mid I 970s, uses became non- conforming. The Aspen Alps is located in an area with a variety of residential and tourist accommodation uses. Additionaily, when the City adopted the 8040 Greeniine provision in the Land Use Code, the line that was actually drawn on the Official Land Use Map actually split zoned certain properties and everything above the 8040 Greenline was zoned Conservation, again creating nonconforming structures and uses. Today's Land Use Code seeks to bring non-conforming uses and structures into compliance. The rezoning component of this application seeks to do just that. It intends to bring the existing nonconforming uses and structures into compliance with the Land Use Code by rezoning the current uses at the Aspen Alps, defined as lodge and tourist- oriented residential uses located at the base of Aspen Mountain, to a more logical zone district for both the use and the location. Staff believes the most appropriate zone district Aspen Alps Planning & Zoning Commission Memorandum Page 4 !"""'1 (-I to achieve this end to be Lodge / Tourist Residential or L/TR zone district with a Plarmed Unit Development or PUD overlay. Currently, over half of the Aspen Alps Condominiums property is already zoned L/TR, the remaining portions are zoned either Conservation or Moderate-Density Residential R-15 PUD. Presently, the neighborhood includes a mix of single-family and duplex residences and larger multi-family complexes that are occupied by visitors and permanent residents. The larger multi-family complexes include the Gant Condominiums (which operates as a condominium hotel), and the Clarendon Condominiums, which are located across Ute A venue from the Aspen Alps. In addition, the Black Swan Hall Condominiums are located west of the Aspen Alps. The surrounding land uses also contain a number of affordable housing projects which include 1) Billings Place, a seven unit affordable housing project built in the mid 1990s and 2) Ute Park, a seven unit affordable housing project constructed about the same time as the Billings project. Given this presence of affordable housing projects in the innnediate area, Staff finds that the addition of three affordable housing units located at the Aspen Alps property to be consistent with other affordable housing units in the surrounding area without creating a concentration of affordable housing in one area. There are four main zone districts covering the subject property and the innnediate surrounding area. Specifically, these include Lodge / Tourist Residential, Medium- Density Residential, Moderate-Density Residential, and Conservation. Both the R-6 and R-15 maintain PUD (Planned Unit Development) Overlays. As stated earlier in this Memorandum, over half of the Aspen Alps (buildings 100,200,500,800, and 777 Ute) is zoned L/TR. I It should be noted, that this variety of zone districts is not consistent with the current uses to a large degree. For example, the Aspen Alps buildings 300 and 400 (which are multi- family dwellings) are zoned R-15 PUD which makes them non-conforming because multi-family dweilings are not allowed in the R-15 Zone District. Further, the Clarendon Condominiums and the Black Swan Hall Condominiums (which are multi-family dwellings) are zoned R-6 which also makes them non-conforming because multi-family dwellings are not ailowed in the R-6 Zone District. 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 and to allow construction of tourist-oriented detached, duplex and multi-family residential dwellings. Indeed, the Aspen Alps is the use that fits this purpose as well as the other multi-family residential dweilings that are tourist-oriented such as the Clarendon, the Black Swan, and the Gant. In addition, building 700 of the :Aspen Alps is zoned Conservation which is Aspen Alps Planning & Zoning Commission Memorandum Page 5 r-. r) clearly inconsistent with the current use as a result of the 8040 Greenline. The Ute Trail Townhomes, located on Ute Avenue, are properly zoned as R1MF (PUD). Given this fractured zoning for the Aspen Alps, Staff has reconnnended through several discussions over the course of several years that the Applicant rezone those portions of the Aspen Alps to bring them into conformance with our Land Use Code; that is to say, the Applicant should not just rezone Lot 2B, but should also rezone buildings 300, 400, and 700, thereby bringing them into compliance in the L/TR zone district. To be clear, the Applicant, is primarily interested in rezoning Lot 2B for the purposes of achieving 3 affordable housing units. Staff is proposing the rezoning of the entire property and the Applicant is in agreement with this. Therefore, Staff has prepared two Resolutions for the Planning and Zoning Commission. The first Resolution, if approved, will effectively rezone only Lot 2B. The second Resolution, if approved, wiil effectively rezone the entire property including Lot 2B. Affordable Housing Units By the nature of the Applicant's request to develop three deed-restricted affordable housing units in the sub-grade garage, this constitutes a multi-family project. The City's definition of a multi-family project which (three or more attached units) is considered a subdivision. In additIon, the nature of this request will, in effect, modify the original subdivision established through Ordinance 3 I, Series 1992. In order to be able to construct these units in this project, the applicant is requesting an Exemption from the City's Growth Management Quota System (GMQS). They are eligible for this exemption because these units would be permanently dedicated as 100% affordable housing. The Aspen Alps has requested the ability to provide these (rental) units to meet their staffing needs by providing on-site employee housing units in order to attract more permanent employees. Therefore, these units are to be specifically provided for Aspen Alps employees only and not for the general public. However, as a result of the Telluride case, it has become somewhat of a challenge to enforce rental caps for private developments so that the City can ensure these units remain as affordable units for the Aspen Alps employees. This would not be the case if these units were "for sale" units. If the units are "for-sale" units, then they would become affordable category units available through the lottery (available to the general public) and then they could be controiled at category prices. In light of ail this, there are appropriate mechanisms through which the City will still be able to ensure these rental units will maintain their affordable housing status through appropriate language determined by the City of Aspen Attorney. In the past, other similar situations have provided the City of Aspen with a 1/IOlh of 1 % interest in the units so that the affordable housing status is ensured. Aspen Alps Planning & Zoning Commission Memorandum Page 6 ""'" r'\ Housing Authority Recommendation The Applicant presented the application to the City of Aspen / Pitkin County Housing Authority on May 2,2001. The Housing Authority unanimously recommended approval of the project (6 to 0) to the City Council. Points of discussion raised at the meeting included 1) waiving the Income and Assets requirement regarding the appropriate rental categories because these units are specifically designated for Aspen Alps employees; 2) exploring alternative ways to ensure the rentals units' rent can be controlled other than the current method of selling the City of Aspen a one tenth of one percent (0.1 %) interest in real property so that the City would have the authority to ensure rental caps on the units. (The board agreed that the attorneys for the City, Applicant, and Housing Authority should meet to explore other equally effective mechanisms to achieve the same end) and 3) the board highly applauded the Applicant for offering to provide non- mitigation employee units as part of a development and the potential ability of creating a "vesting plan" by the Aspen Alps employees so that a portion of their rent goes into an account towards the eventual purchase of their own unit. RESIDENTIAL DESIGN STANDARDS Since a portion of the proposed development is a residential component, the Applicant is required to comply with the Residential Design Standards. Staff finds that the proposed development is unique in nature, in that, it is not primarily a residential structure; rather, the structure contains residential units. This is not a common occurrence and as a result, the Applicant's design is not able to meet all of the standards. Specific standards that require variances include: 1. Secondary Mass: Ail new structures shall locate at least I O%of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. Staff finds that almost the entire structure will be located below grade. In effect, there wiil be no primary mass above grade. The intent of this standard is to break up the massing on a certain site into a primary and secondary mass. In effect, neither will exist in this case due to the current and unique topography of the site. Staff supports the variance due to site constraints and that this proposal better meets the intent of the standard. 2. Covered Entry: A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6'), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. Staff finds that the proposed location of the three employee units fronting Ute Avenue have been designed without a covered entry porch of fifty (50) or more square feet. This is a north elevation unable to take advantage of the solar access from the south. Staff does not feel that a covered porch is necessary in this case given the provision of employee Aspen Alps Planning & Zoning Commission Memorandum Page 7 """'" '" ] (\ units and their somewhat limited access to natural light and air. Staff supports the variance in that it furthers the goal of the AACP in providing better and more livable affordable housing units. 3. One-story Element: Ail residential buildings shall have a one-story street-facing element the width of which comprises at least twenty (20) percent of the building's overall width. Staff finds the structure has not been designed to include a one-story element because the entire structure will be located below grade. In effect there will be no primary mass above grade. The intent of this standard is to break up the viewable plane of certain facades, which add to massing of buildings. In effect, these units are single story units and are buried into a hillside due to the current and unique topography of the site. Staff supports the variance due to site constraints and that this proposal better meets the intent of the standard. . SUMMARY In summary, Staff supports this proposal for the following reasons: 1) The proposal is consistent with the AACP, in that, the AACP encourages the private sector to provide housing opportunities for its employees working in the City of Aspen in an infill type of development. In addition, given the housing units' close proximity to Aspen's downtown, it provides an incentive for those employees to walk to shopping and so on, leaving their cars in the garage which is also strongly supported by the AACP; 2) The proposal of the sub-grade storage garage intends to remedy a parking problem for the Alps, significantly reducing a non-conforming situation with the Land Use Code by simply providing more parking for owners and visitors as weil as reducing existing trips on Ute Avenue due to the relocation of the laundry and maintenance facilities into the garage. This is all done by burying the structure almost entirely underground, taking advantage of the existing topography of the site so that the structure will not visually impact views or change the character of the surrounding neighborhood to any significant degree. 3) Staff finds the rezoning of Lot 2B to be appropriate. In addition Stafffurther promotes the rezoning for the Aspen Alps property that is more consistent and logical with the lodge's location at the immediate base of Aspen Mountain and current and historic tourist-oriented use. In addition, the PUD overlay wiil serve to consolidate the development as a master plan for the property and serve as a safeguard for any future development, in that, it would require public involvement for any change. The Applicant would also be subject to the Growth Management Quota System (GMQS) for any proposed free market residential growth. STAFF RECOMMENDATION Staff reconnnends the Planning and Zoning Commission approve the requested variances from the Residential Design Standards and recommend approval to City Council for this request for a planned unit development, rezoning, subdivisioni Aspen Alps Planning & Zoning Commission Memorandum Page 8 f""') r'j EXHIBIT A PLANNED UNIT DEVELOPMENT 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD. A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures ofthis Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding: The Aspen Area Community Plan's (AACP) philosophy on housing includes "We still believe that a "critical mass" of local working residents is needed to sustain our community...When employees have the ability to live near where they work, their reliance on the automobile lessens and they have greater opportunities to become a part of the town's fabric." This application includes the request to construct three affordable housing units for the Aspen Alps employees. Policies adopted in the AACP speak directly to this affordable housing component of the application in the following ways: a) Provide 800 - 1300 additional affordable housing units within the Aspen Community Growth Boundary. More specifically, the AACP listed Core and 1n- Town 1nfill as a priority site / area to be explored as potential affordable housing sites. Three units in the proposed location would be consistent with this area; b) The public and private sectors should work together to provide this housing. The burden of providing affordable housing should not lie solely on the shoulders of the Housing Authority. Additionally, the local business community, non-profit entities, and local developers have much expertise and a definite interest in affordable housing and should be encouraged to contribute; c) A goal of the AACP is to encourage greater participation by the private sector in developing affordable housing; d) The AACP also recommends that the City "study opportunities to provide incentives in our development regulations and housing policies in order to encourage the development of affordable housing by community groups, such as citizens, businesses and non-profits." Aspen Alps Planning & Zoning Commission Memorandum Page 10 1') (") ;I The Applicant represents a private business that is coming forward to provide affordable housing for its employees. This housing is not being requested as required mitigation for free-market development; it is being sought to provide for the longer-term needs of the Aspen Alps and their associated operations. Specifically, the housing would be located innnediately next to where the employees work and would be in short walking distance (two blocks) from Aspen's downtown area and approximately four blocks from Aspen's Rubey Park Transit Center offering a variety of free bus services in town and down valley service. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding: The Aspen Alps is located in an area with a variety of residential and tourist accommodation uses. This variety includes a mix of single-family and duplex residences and larger multi-family complexes that are occupied by visitors and permanent residents. The larger multi-family complexes include the Gant Condominiums (which operates as a condominium hotel), and the Clarendon Condominiums, which are located across Ute A venue from the Aspen Alps. In addition, the Black Swan Hall Condominiums are located west of the Aspen Alps. The surrounding land uses also contain a number of affordable housing projects which include: Billings Place, a seven unit affordable housing project built in the mid 1990s and Ute Park, a seven unit affordable housing project constructed about the same time as the Billings project. Given this limited presence of affordable housing projects in the innnediate area, Staff finds that the addition of three affordable housing units located at the Aspen Alps property to be consistent with other affordable housing units in the surrounding area without creating a concentration of affordable housing in one area. There are four main zone districts covering the subject property and the innnediate surrounding area. Specifically, these include LfTR (Lodge / Tourist Residential), R-6 (Medium-Density Residential), R-15 (Moderate-Density Residential), and C (Conservation). Both the R-6 and R-15 maintain PUD (planned Unit Development) Overlays. As stated earlier in this Memorandum, over half of the Aspen Alps (buildings 100, 200, 500, 800, and 777 Ute) Is zoned L/TR. It should be noted, that this variety of zone districts are not consistent with the current uses to a large degree. For example, Aspen Alps buildings 300 and 400 (which are multi-family dwellings) are zoned R-15 PUD which makes them non-conforming because multi-family dwellings are not allowed in the R-15 Zone District. Further, the Clarendon Condominiums and the Black Swan Hall Condominiums (which are multi-family dwellings) are zoned R-6 which also makes them non-conforming because multi-family dwellings are not allowed in the R-6 Zone District.u Aspen Alps Planning & Zoning Commission Memorandum Page II I"""; I] 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 and to allow construction of tourist-oriented detached, duplex and multi:family residential dwellings. Indeed, the Aspen Alps is the use that fits this purpose as well as the other multi-family residential dwellings that are tourist-oriented such as the Clarendon, the Black Swan, and the Gant. In addition, building 700 of the Aspen Alps is zoned Conservation which is clearly inconsistent with the current use. The Ute Trail Townhomes, located on Ute Avenue, are properly zoned as R1MF (PUD). Given this fractured zoning for the Aspen Alps, Staff has recommended over the course of several years that the Applicant rezone those portions of the Aspen Alps to bring them into conformance with our land use code; that is to say, the Applicant should not just rezone Lot 2B, but should also rezone buildings 300, 400, and 700, thereby bringing them into compliance in the L/TR zone district. The Applicant has made it clear that this rezoning is only a mechanism to achieve the three affordable housing units as a part of the sub-grade garage on Lot 2B. The rezoning is not for the creation of free market development. The Applicant does not intend to expand the existing buildings or to change the character of those lands in any respect. However, given these zoning inconsistencies with the entire property, Staff encouraged the Applicant to rezone the entire property. In addition, the Applicants wish to apply a PUD overlay on the sought rezoning to L/TR. The Applicant's request for the PUD is not for the ability to change or expand any of the dimensional requirements of the L/TR zone district; rather, it is to ensure that any subsequent change to any part of the entire Aspen Alps property will require authority from the Aspen Alps to allow a PUD Amendment review process to proceed. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: Upon review of this application, Staff finds that this development will not have a negative affect on the future development of the surrounding area. The design of the proposed garage has been sensitive to the existing topography and potential visibility of mass by placing the entire structure below grade that greatly minimizes any visual impact. In addition, the proposed landscape plan has been designed to be effective in screening the development from the neighbors as well as respectfully seeking the advice of the City of Aspen Parks department regarding the appropriate species and location of plantings to be sensitive to the site. Essentially, the existing topography and landscaping of the berm will relatively be the same after the project is completed. Aspen Alps Planning & Zoning Commission Memorandum Page 12 "...., , J ~ 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 proposed uses are eligible for a growth management exemption, as follows: a. The proposed parking, laundry, and maintenance facilities are all accessory uses and are neither residential, commercial, nor tourist-accommodation uses. They are exempt from the requirement to obtain a growth management allotment; b. The proposed affordable housing component of this application is eligible for a growth management exemption. 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. The proposed dimensional requirements are listed below and shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and 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: The proposed development's dimensional requirements as proposed through the establishment of this property's zoning as L/TR PUD is represented in Table 1 shown on the following page. The applicant has used the L/TR zone district as the underlying guide in determining the dimensional requirements for the project. The only variation from the underlying zoning dimensional requirements is a variance for the minimum percentage of open space from a required minimum 25% to a proposed minimum of 17.5%. The Applicant is not proposing this variance so that they may reduce it further than what currently exists. If the tennis courts were wholly visible from the street, Aspen Alps Planning & Zoning Commission Memorandum Page 13 ,~ I') they would place the open space of the site well over the requirement as measured by the Land Use Code. It is simply due to the unique topography of the site that doesn't allow the open nature of the teunis courts to be completely viewed from Ute Avenue qualifYing them as open space. They will still serve for all practical reasons as open space on the property. Table 1. Dimensional Requirements Comparison (units measured in feet or square feet) 35,327 1 bedroom /1,000 sq. ft. N/A 5 proposed bedrooms on 35,327 sq. ft. 60 feet 197 feet 197feet 10 feet 12 feet 12 feet 5 feet 15 (west side) 15 (west side) 20 feet (east side) 20 feet (east side) 10 feet 10 feet 10 feet 28 feet N/A N/A 10 feet N/A N/A 25% 17.5% 17.5% 1:1 N/A 0.20:1 (7,065 sq. ft.) 2 spaces per two bedroom 5 Spaces in the garage will unit; 1 space per one N/A be devoted to the three units bedroom unit 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 subject site is a large berm with the existing tennis courts sitting on the top. The Applicant is able to excavate the berm and construct the two-story garage structure in the berm taking advantage of the existing topography. All of the proposed development will exist below existing grade thereby hiding the structure's mass and scale from view. The Aspen Alps proposal is similar to the sub-grade parking garage constructed by the Aspen Meadows below their tennis courts that essentially makes the structure Aspen Alps Planning & Zoning Commission Memorandum Page 14 ('j t"""\ disappear. As one stands on Ute Avenue, there will only be minor changes from what is seen today. The fronts of the three affordable units will face Ute A venue but will also have landscaping and the entrances to each level of the garage will be seen off of Aspen Alps South Road, (a privately owned road). The tennis courts will virtually be reconstructed just as they are today in dimensions and elevation. While the Applicant does not want to change any of the underlying zoning's dimensional requirements, the Land Use Code treats open space as a space that is viewed from the street. Currently, the tennis courts are not viewed from the street. The Applicant, though the PUD mechanism, wishes to adjust the minimum percentage of open space required from 25% to 17.7%. This is the only underlying zoning's dimensional requirement the Applicant wishes to change. It is for these reasons that the proposed development's dimensional requirements are almost a non-impact to the surrounding area 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding: Consistent with the land use code requirements for providing appropriate parking spaces for the affordable housing units, the Applicant has designated 5 off street parking spaces (one per bedroom) to be located in the garage structure. The affordable housing units, also located in the sub-grade garage structure are located approximately two blocks from Aspen's downtown and approximately four blocks from Aspen's Ruby Park Transit Center offering a multitude of mass transit opportunities for a variety of needs. Because of this close proximity to the workplace, the downtown core, and mass transit opportunities, Staff finds that the parking associated with the affordable housing units to be appropriate and their location in relation to the aforementioned to be a disincentive for employees to get into their cars. 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. Aspen Alps Planning & Zoning Commission Memorandum Page 15 r"I . ,~ r _} b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding: Adequate facilities are available to serve the proposed development. The anticipated impact ofthe proposed project should be minimal. A City water supply line and an Aspen Consolidated Sanitation District collection line run directly in front of the subject property along Ute A venue. Two fire hydrants are located immediately adjacent to the property; one is located directly across Ute A venue from the proposed affordable housing units; the second is located near the Aspen Alps 300 building providing excellent access to the rear of the proposed structure. Currently there are no drainage mitigation measures for the site. As proposed, and in accordance with the High Country Engineering evaluation of the proposed project, the development is not expected to significantly alter drainage patterns on the property since most activity will take place below grade. There will only be limited areas of newly created impervious surface added to the property including I) the entrance and exit ramps of the parking garage structure and 2) the patio/entry stairway to the affordable housing units. The tennis courts will be replaced exactly as they are today with no added increase of impervious surface. According to the High Country Engineering evaluation, several drywells will be installed to comply with the City's drainage mitigation requirements. The locations of the drywells and their associated swales are shown on the landscape plan. There will be no creation of new roads associated with this project and the existing Ute Avenue and the privately owned Aspen Alps South Road are adequate to serve the proposed use regarding fire protection, snow removal, and road maintenance to the proposed development. No road improvements are expected as part of this development. 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 harmful disturbance to critical naturalfeatures of the site. Aspen Alps Planning & Zoning Commission Memorandum Page 16 r"I ! I') Staff Finding: There are no natural hazards or critical natural site features that should cause the density of the PUD to be reduced. The geotechnical study completed by Dr. Allen Thurman has indicated the following important points: ~ The land proposed for development is not subject to ground instability, mud flows, rock falls, or avalanche dangers. The collapsed Durant Tunnel mine portal is located about 500 feet from the subject property. However, studies completed for the adjacent Aspen Chance Subdivision indicate there are no mine workings beneath this property that would be penetrated by construction activity. Site specific investigations will be conducted before any excavation and construction occurs, to ensure the foundation of the Structure is properly designed; ~ Construction of this project will require excavation oflarge volumes of soil. These soils may contain mine wastes and tailings with contaminants. Appropriate care will be taken to ensure these materials do not become air borne. This will include protection of any materials being stored on-site, to prevent mud run-off or wind blown dust, and light watering of loads that are being hauled off-site. The Applicant has agreed to work closely with the City Environmental Health Department regarding these issues. More specifically, the Environmental Health Department forwarded formal referral comments from the Development Review Committee (DRC) meeting. As a result, Staff has incorporated these comments into conditions of approval for this project. These conditions, inter alia, include: 1. It is the opinion of the City of Aspen Environmental Health Department that there are no special regulations pertaining to movement of mine tailings in any area ofthe County or City of Aspen except those within the Smuggler Mountain Superfund Site boundary. However, these soils may contain more lead or other heavy metals than other dirt in the area, and nearby neighbors have already expressed concern to the applicants. For that reason, the Environmental Health Department recommends that the applicant require their contractor to keep all mine-related soils damp at all times. The applicant is also recommended to contact the Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the applicant should contact this Environmental Health Department before moving soils off the site. The applicant has offered to consult with this department once they have soils test results; 2. That the Applicant shall be required to submit a Fugitive Dust Control Plan prior to the application of building permits to the City of Aspen Environmental Health Department which shall include, but is not limited to fencing, watering of haul roads and disturbed areas, daily or more frequent cleaning of adjacent paved roads to remove mud that has been '" Aspen Alps Planning & Zoning Commission Memorandum Page 17 - "1 ~ carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. Dust control will be crucial due to the closeness of existing homes to the site. In addition, as discussed below, the soils may contain mine wastes, so, while not a regulatory requirement, the Applicant is encouraged to take extra care to prevent any dust from blowing off these areas; ~ Along the south side of the proposed excavation, and perhaps along the south end of the east side of the excavation, the cut face will be too deep to remain stable without temporary support. This could be achieved through soil nails that will reinforce the soils as they are excavated. This is a fairly common construction technique for projects of this type on sloping properties. The soil nails may extend beyond the property boundary. Regarding this point, the Applicant has agreed to obtain the appropriate permission form adjacent property owners prior to any construction activity. At the date of this Memorandum, the Applicant has received verbal approval from the affected neighbors. 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: It is clear that the Applicant does not intend to increase the project's density through the Planned Unit development. 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: Aspen Alps Planning & Zoning Commission Memorandum Page 18 1""1 ~ 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: Staff finds that there are no 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 with this small previously developed site. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding: There will be no new additional structures constructed above grade to achieve any clustering. The parking garage is entirely below grade. The surface of the property will remain as it is seen today: a tennis court. Although the tennis courts are well above the street level and not completely seen from the street to qualifY technically towards the Code's definition of open space. However, the tennis courts, for all practical purposes, function as complete open space. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian mOVement. Staff Finding: The Applicant has oriented the affordable housing units to Ute Avenue, which will provide visual interest in an area along the street that has not historically had a pedestrian orientation. Since the parking garage is sub-grade and vehicular access has been oriented to the privately owned Aspen Alps South Road, Staff finds that both elevations ofthe project add to the visual interest that will be complemented through an approved landscape plan in accordance with the City Parks Department. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. Staff Finding: Emergency vehicles will be able to access the affordable housing units from Ute A venue as well access to the property from the existing Aspen Alps South Road. Pedestrian access has been provided to the affordable housing units via stairs from Ute Avenue and on grade walkways from Aspen Alps South Road. The sub-grade garage is a two level garage that function as separate levels; there is no inner ramp that vehicles use to go from one floor to another internally. As a result of this, there is an entrance / exist ramp for each level. This provides adequate access for service vehicles. Aspen Alps Planning & Zoning Commission Memorandum Page 19 r"I ~ The Applicant is not proposing a sidewalk on the south side of Ute Avenue along the property. CUrrently, there is an existing sidewalk / trail along the north side of Ute Avenue which sufficiently accommodates pedestrian traffic in the area. According to the plan drafted for the Ute Avenue Improvement District in the early 1990's did not anticipate a sidewalk on the south side of Ute A venue. There are also no other sidewalks along any of the properties on that side of the street. During the DRC meeting, the Building Department required that the tennis courts, laundry facility, bathrooms, and office be fully accessible. This has been reflected as a condition of approval in this Memorandum. 6. Site drainage is accommodatedfor the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding: The High Country Engineering study indicated that the drainage could be adequately accommodated on site by the installation of several new dry wells. This is an improvement to the site because the run-off from the existing tennis courts is not managed. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding: Staff finds that this standard does not apply to this project. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: The Applicant intends to landscape the property as a major component of this application. A landscape plan has been prepared by Kiernan Design Studio and is included in the Aspen Alps Planning & Zoning Commission Memorandum Page 20 n .~ application. It is the intent of the Applicant to preserve as much as possible existing landscaping on the site. The City of Aspen Parks department has been a major part of the discussion as to how to sensitively treat the site regarding existing and proposed vegetation. Currently, there is a moderate amount of native vegetation that has grown up naturally on the Ute A venue frontage that includes significant trees. The Parks Department has advised the applicant that those trees on the periphery of the property are significant and should be avoided. The landscape plan indicates the Applicant will plant a significant number of native species trees to replace those trees that must be removed as a result of the project. Specifically, under the direction of the City Forester, the Applicant will replace the small grove of cottonwood trees along Ute Avenue with new cottonwood trees in a similar pattern as the existing trees. In addition to these trees, the Applicant has proposed to plant over sixty new cottonwood trees and seven new aspen trees around the property. Further, the Applicant proposes to plant eleven (11) new spruce trees (ranging height from 8 _ II feet) on the property in locations that will help screen views from surrounding properties. The City Forester also indicated the value ofthe native low ground cover that has established the area and directed the Applicant to plant similar native grasses to restore the native grass community currently on the slopes ofthe property. The Applicant has indicated on the landscape plan that there are a number of trees that mayor may not need to be removed as a result of the extensive excavation required for this project. In this light, the Applicant will have a more accurate tally of trees that would need to be replaced as a result of the excavation. The Applicant has identified eight spruce trees that would definitely need to be removed from the site. These are trees of 16' in height and too large to be relocated so via the City's tree removal ordinance, the Applicant is proposing to replace them with new trees. The Applicant has pledges to work with the City Forester to determine what additional mitigation may be necessary for what is depicted on the current landscape plan. The Applicant has offered to plant additional native trees on other areas of the Aspen Alps property that are deemed appropriate by the City Forester. 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 that 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: Aspen Alps Planning & Zoning Commission Memorandum Page 21 ,...", , , t"""\ 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 vast majority of the proposed structure will be hidden from view as it is primarily sub-grade as seen, most particularly, from the most visible elevations of Ute Avenue and Aspen Alps South Road. As a result of this existing topography, the existing berm will effectively hide the structure's massing and scale not only because the structure is sub- grade, but also as a result of extensive landscaping. The portions of the structure that are visible include the front facades of the employee housing units on Ute A venue and the entrance / exit ramps and doors located on Aspen Alps South Road. The fencing around the tennis courts will be replaced in their current location back from the edge of the berm. The Applicant has been able to take advantage of an existing landform and effectively used it in an efficient manner as well as paying particular attention to the details visible to the neighboring properties and landforms. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding: The Applicant has proposed to locate the employee units on the Ute Avenue frontage, which face north thereby reducing the ability of taking advantage of solar access. However, by burying the units into the berm, energy costs will be reduced as well. The landscape plan pays particular attention to this situation so as to not plant vegetation that would interfere with allowing a maximum amOunt of natural light and air into these nnits. I I 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 roof of the structure is the tennis court, which is essentially a flat roof. Snow storage will occur the same way it is currently handled following the realization of the project; there are substantial amounts of space on the site to accommodate snow storage. 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 aity kind to adjOining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Aspen Alps Planning & Zoning Commission Memorandum Page 22 f'l "...., , ...~ 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, buildin8s, landscape elements/ and lighting to call inordinate attention to the property is prohibitedfor residential development. Staff Finding: The Applicant intends to fully comply with the City of Aspen's new lighting ordinance with all proposed lighting associated with this project. G. Common Park, Open Space, or Recreation Area. /fthe 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. 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. 3. There is proposed an adequate assurance through a legal instrumentfor the permanent care and maintenance of open spaces, remation a'l!a~, and ~haJ'lld facilities together with a deed restriction againstfuture residential, commercial, or industrial development. Staff Finding: The tennis courts located on the surface of the property will remain under the ownership and maintenance of the Aspen Alps Condominium Association. 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. 2.Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Aspen Alps Planning & Zoning Commission Memorandum Page 23 rI"""\ I ri ,..'......::} Staff Finding: There are no new trail dedications proposed as part ofthis project. The Aspen Alps has made prior open space and pedestrian dedications in connection with other developments. The Applicant has further delineated certain "Open Space" on a map included in the application for reference. Specifically, there are two parcels that were purchased by the Aspen Alps and donated to the Aspen Valley Land trust as Open Space. One of those parcels is located along the Little Nell slope and the second is located at the base of the little Nell. The intention by this purchase and donation was to ensure these areas around the base of the mountain remain as Open Space and ensure public access for the public to the Silver Queen Gondola. Additionally, the Aspen Alps worked with the City of Aspen to vacate the portion of Ute Avenue as it extend west through the Original Street curve towards the Little Nell Hotel creating a pedestrian oriented walkway connecting to downtown. Lastly, Lots 2A and 2B (the subject of this proposal) were obtained by Mr. Mitchell and Mr. Bornefield and were voluntarily restricted against development by the Aspen Alps. The Applicant does not intend to malce any changes to Lot 2A and it will remain undeveloped. The proposal only affect Lot 2B which is currently developed as tennis courts as discussed in this Memorandum. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Staff Finding: No additional trail recommendations from the AACP affect this property. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Staff Finding: There are no streets planned within the project. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding: The Applicant is proposing no such gates or other entryway expressions as part of this project. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criterion 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 Aspen Alps Planning & Zoning Commission Memorandum Page 25 1"""'\ ~ development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding: The Applicant does not intend to phase this project. Aspen Alps Planning & Zoning Commission Memorandum Page 26 t"""\ i"""'\ , EXHIBIT B 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 The proposed amendment is not in conflict with any provisions of the Land Use Code. More specifically, the proposed project and associated zone district changes that are requested willI) bring the Aspen Alps into compliance with a logical underlying zoning district that better fits with the historic use of the property and the purpose of the L/TR zone district, 2) alleviate parking problems for the Alps unit owners, and 3) provide affordable employee units for the operation of the Alps which is a significant benefit to the Aspen community. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding: Please refer to the response provided for in Exhibit A, Planned Unit development, Section 26.445.050(A)(1). Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The area, which is being proposed for rezoning, has had an interesting history. Today, a majority of the uses preceded the zoning classifications as a result of a downzoning philosophy that occurred in the mid 1970s thereby making those uses non-conforming. The Aspen Alps is located in an area with a variety of residential and tourist accommodation uses. In addition, when the City adopted the 8040 Greenline provision in the Land Use Code, the line that was actually drawn on the Official Land Use Map actually split zoned certain properties and everything above the 8040 Greenline was zoned Conservation, again creating nonconforming structures and uses. Conversely, today's Land Use Code seeks to bring non-conforming uses and structures into compliance. The rezoning component ofthis application seeks to do just that. It intends to bring the existing nonconforming uses and structures into compliance with the Land Use Code by rezoning the current uses at the Aspen Alps, defined as lodge and tourist-oriented residential uses located at the base of Aspen Mountain, to a more logical zone district for both the use and the location. Staff believes the most appropriate zone Aspen Alps Planning & Zoning Commission Memorandum Page 27 1"""'\ I') district to achieve this end to be Lodge / Tourist Residential or L/TR with a Planned Unit . Development or PUD overlay. Currently, over half of the Aspen Alps Condominiums property is already zoned L1TR, the remaining portions are zoned Conservation (C) or Moderate-Density Residential PUD (R-15 (PUD). Presently, the area of discussion includes a mix of single-family and duplex residences and larger multi-family complexes that are occupied by visitors and permanent residents. The larger multi-family complexes include the Gant Condominiums (which operates as a condominium hotel), and the Clarendon Condominiums that are located across Ute A venue from the Aspen Alps. In addition, the Black Swan Hall Condominiums are located west of the Aspen Alps. The surrounding land uses also contain a number of affordable housing projects which include: Billings Place, a seven unit affordable housing project built in the mid 1990s and Ute Park, a seven unit affordable housing project constructed about the same time as the Billings project. Given this presence of affordable housing projects in the immediate area, Staff finds that the addition of three affordable housing units located at the Aspen Alps property to be consistent with other affordable housing units in the surrounding area without creating a concentration of affordable housing in one area. Specifically, there are four main zone districts covering the subject property and the immediate surrounding area. Specifically, these include LLTR (Lodge / Tourist Residential), R-6 (Medium-Density Residential), R-15 (Moderate-Density Residential), and C (Conservation). Both the R-6 and R-15 maintain PUD (Planned Unit Development) Overlays. As stated earlier in this Memorandum, over half of the Aspen Alps (buildings 100,200,500,800, and 777 Ute) is zoned L/TR. (See Map Below) It should be noted, that this variety of zone districts are not consistent with the current uses to a large degree. For example, the Aspen Alps buildings 300 and 400 (which are multi- family dwellings) are zoned R-15 PUD which makes them non- conforming because multi- family dwellings are not allowed in the R-15 Zone District. Further, the Clarendon Condominiums and the Black Swan Hall Condominiums (which are multi-family dwellings) are zoned R- 6 which also makes them non-conforming because multi-family dwellings are not allowed in the R-6 Zone District. Aspen Alps Planning & Zoning Commission Memorandum Page 28 r'\ I') 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 and to allow construction of tourist-oriented detached, duplex and multi:family residential dwellings. Indeed, the Aspen Alps is the use that fits this purpose as well as the other multi-family residential dwellings that are tourist-oriented 'such as the Clarendon, the Black Swan, and the Gant.1n addition, building 700 of the Aspen Alps is zoned Conservation which is clearly inconsistent with the current use. The Ute Trail Townhomes, located on Ute Avenue, are properly zoned as R1MF (PUD). Given this fractured zoning for the Aspen Alps, Staff has recommended over the course of several years that the Applicant rezone those portions of the Aspen Alps to bring them into conformance with our land use code. The Applicant should not just rezone Lot 2B, but should also rezone buildings 300, 400, and 700, thereby bringing them into compliance in the L/TR zone district. 1n addition, the Applicants wish to apply a PUD overlay on the sought rezoning to L/TR. The Applicant's request for the PUD is not for the ability to change or expand any ofthe dimensional requirements of the L/TR zone district; rather, it is to ensure that any subsequent change to any part of the entire Aspen Alps property will require a PUD Amendment review process which includes public review if there are significant changes in the future. In effect this rezoning will achieve a land use and zoning designation that is very compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The proposed zoning map change should not significantly affect traffic generation and road safety. The most significant element of this project is the construction of a two-level parking garage. However, this parking garage, accommodating 69 parking spaces, will serve primarily as a storage facility to store Aspen Alps owners' vehicles. The analysis provided below illustrates the potential impacts of this project as it relates to the proposed parking facility, laundry and maintenance facilities, and the three employee housing units. 1. Proposed Parking Facility The purpose of the parking facility is to provide a storage space for cars owned by Aspen Alps unit owners. And by the guests and visitors who also occupy Alps units. Presently, most of the owners' vehicles are stored throughout the property, near their units. These owners only use their units for a very limited number of months during the year, while the rest of the year the units are rented to visitors/ guests. This presents a problem because there is not enough parking space to handle not only the cars stored by the nnit Aspen Alps Planning & Zoning Commission Memorandum Page 29 Ii t"""\ owners, but also the visitors to the Alps renting those units. In addition, the Aspen Alps must either move the cars around on-site or to off-site locations in order to conduct snow removal operations. An inventory ofthe current parking capacity per building / units of the Aspen Alps is provided in Table 2 below: Table 2 100 16 12 200 17 16 300 8 4 400 8 5 500 8 7 700 11 16 800 9 5 The chart above illustrates that there are currently 65 parking spaces serving 77 units. Most buildings have less than one parking space per nnit. The Land Use Code requires I space per studio or one bedroom dwelling unit and 2 spaces per two bedroom or more dwelling units. All of the units except for 2 contain two or more bedrooms; the other 2 units are one bedroom nnits. Since there are 77 units at the Alps, 75 of them each require 2 spaces (150 spaces required) and 2 of them each require I space, for a total of 152 spaces required, compared to 65 provided. Therefore, Table 2 indicates that the Aspen Alps is currently well "under parked" according to the Land Use Code parking requirements by 18 spaces. The addition of the parking garage that would include 69 spaces will be a way to significantly reduce or eliminate the current nonconforming status regarding parking in the complex as well as meeting the needs of the unit owners and their guests. The purpose of the garage is a storage facility. It is not intended to serve as a garage where cars enter and exit daily such as a municipal parking garage. The only time when unit owners' cars will be removed from the facility will be when the owner stays in their unit. The vehicle will be moved to a space near the unit for the duration of the owners stay and returned to the garage following the visit. Some unit owners currently store their vehicles off-site, which are retrieved by the Aspen Alps when those owners come to stay in their units. The parking garage would serve to house those cars so that those trips are eliminated. Visitors and guests of the Aspen Alps would also be allowed to park their vehicles in the structure. As a result of having this parking facility available to them in conjunction with the required paid and timed parking throughout Aspen downtown, it serves as an incentive to leave the car in the garage and walk three of four block into town. This, importantly so, is also highly supported in the AACP. The Aspen Alps currently operates seven vehicles, (one of which is an electric vehicle), including two shuttles that allow the Aspen Alps Planning & Zoning Commission Memorandum Page 30 ~ ~ .,i occupants of the units to stay without a vehicle or to leave their vehicle parked if they have brought one. The Aspen Alps is also currently investigating the viability to have all electric vehicles to be operated in the warmer months. Primarily, the additional trips generated on Ute Avenue would result from the storage and retrieval of unit owners' vehicles from the 100,200,800 buildings, and the 777 Ute building. These buildings are all known as the downhill properties. The other Alps buildings, 300, 400, SOO, and 700 are served by the private Aspen Alps South Road and would not contribute to additional trips along Ute A venue to go to or from storage in the garage. 2. Laundry and Maintenance Facility Currently, the Alps performs a "terry" laundry operation in the 100 building in a limited space. The rest of the "lirten" service is outsourced to Vail, Colorado on a daily basis. This proposed facility would provide the Alps with the ability to handle their entire laundry operation on-site thereby eliminating these trips. The new facility would serve as the primary laundry facility for the Alps. Trips that are currently required to serve the uphill buildings (300, 400, SOO, and 700) would be eliminated from Ute Avenue. The maintenance facility, also incorporated in the interior of the structure, will be able to serve the uphill buildings as well and reduce the necessary trips on Ute Avenue similar to the laundry operations. 3. Employee Units The Applicant proposes three employee affordable housing units to be located in the top level of the parking garage fronting Ute Avenue. This new use will be the one new use that will add new trips to the project. On average, a dwelling unit generates between S and 10 trips a day. The employee units will have five dedicated parking spaces (1 per bedroom) in the garage. Staff believes the trip generation for these units will be low due to the close proximity to the place of work and Aspen's downtown core. However, the maximum potential for trip generation according to the standard referred to above would be betweenlS and 30 trips. 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 medical facilities. Staff Finding: There is expected, according to the City Utility Departments who commented during the DRC process, little impact on public facilities. As stated above, Adequate Aspen Alps Planning & Zoning Commission Memorandum Page 3 I t""\ , ~ ;\' facilities are available to serve the proposed development. A City water supply line and an Aspen Consolidated Sanitation District collection line run directly in front of the subject property along Ute Avenue. Two fire hydrants are located immediately adjacent to the property; one is located directly across Ute A venue from the proposed affordable housing units; the second is located near the Aspen Alps 300 building providing excellent access to the rear of the proposed structure. Currently there are no drainage mitigation measures for the site. As proposed, and in accordance with the High Country Engineering evaluation of the proposed project, the development is not expected to significantly alter drainage patterns on the property since most activity will take place below grade. There will only be limited areas of newly created impervious surface added to the property including I) the entrance and exit ramps of the parking garage structure and 2) the patio/entry stairway to the affordable housing nnits. The tennis courts will be replaced exactly as they are today with no added increase of impervious surface. According to the High Country Engineering evaluation, several drywells will be installed to comply with the City's drainage mitigation requirements. The locations of the drywells and their associated swales are shown on the landscape plan. There will be no creation of new roads associated with this project and the existing Ute Avenue and the privately owned Aspen Alps South Road are adequate to serve the proposed use regarding fire protection, snow removal, and road maintenance to the proposed development. No road improvements are expected as part of this development. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding: This project does not anticipate any adverse impacts on the environment. To the contrary, by the construction of this facility, the Applicant will not be creating any significant traffic increase, which will not impact air quality, and they will be managing storm water run-off that is currently not managed. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The proposed amendment is consistent and compatible with the character of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Aspen Alps Planning & Zoning Commission Memorandum Page 32 r-, ~ Staff Finding: As a result of the disjointed construction of the Aspen Alps project, the Applicant is intending to develop better facilities to improve the functioning of the complex. As noted earlier in this Memorandum, the zoning designation for the property was applied virtually 10 years after the Alps was constructed. This downzoning was the effect of the adoption of the 1973 Aspen Land Use Plan, which made most of the development in the area nonconforming such as the Gant and the Clarendon Condominiums. More importantly, the City has since recognized that this downzoning began to effectively reduce the tourist accommodation inventory. In response to this decline of tourist accommodation base, the City has use a variety of land use planning mechanisms to reverse this decline including the use of PUDs, Specially Planned Areas (SPA), code amendments such as the creation of the Lodge preservation program which was created to help to preserve Aspens tourist lodging base through the small lodges as well as creating easier ways for them to expand. 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. Staff Finding: This rezoning would 1) allow the ability to provide employee housing for the Aspen Alps employees, 2) allow the Aspen Alps to become a conforming use, and 3) provide necessary support facilities for an important segment of Aspen's tourist accommodations inventory. Aspen Alps Planning & Zoning Commission Memorandum Page 33 r"I . ;I ~ 26.480.050 Review Standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. EXHIBIT C SUBDIVISION AMENDMENT a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding: Please see the Staff Response provided in Exhibit A, Planned Unit Development, Section 26.44S.0S0(A)(1). Staff finds this criterion to be met. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding: Please see the Staff Response provided in Exhibit B, Rezoning, Section 26.31O.040(C). Staff finds this criterion to be met. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding: The proposed subdivision will not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding: The proposed subdivision will comply with all applicable requirements of Title 26. 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 harmful to the health, safety, or welfare of the residents in the proposed subdivision. I I ~ 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. Aspen Alps Planning & Zoning Commission Memorandum Page 33 r-, r\ Staff Finding: There are no natural hazards or critical natural site features that should cause the density of the PUD to be reduced. The geotechnical study completed by Dr. Allen Thurman has indicated the following important points: ~ The land proposed for development is not subject to ground instability, mud flows, rock falls, or avalanche dangers. The collapsed Durant Tunnel mine portal is located about SOO feet from the subject property. However, studies completed for the adjacent Aspen Chance Subdivision indicate there are not mine workings beneath this property that would be penetrated by construction activity. Site specific investigations will be conducted before any excavation and construction occurs, to ensure the foundation of the structure is properly designed; ~ Construction of this project will require excavation of large volumes of soil. These soils may contain mine wastes and tailings with contaminants. Appropriate care will be taken to ensure these materials do not become air borne. This will include protection of any materials being stored on-site, to prevent mud run-off or wind blown dust, and light watering of loads that are being hauled off-site. The Applicant has agreed to work closely with the City Environmental Health Department regarding these issues. More specifically, the Environmental Health Department forwarded formal referral comments from the Development Review Committee (DRC) meeting. As a result, Staff has incorporated these comments into conditions of approval for this project. These conditions, inter alia, include: 1. It is the opinion of the City of Aspen Environmental Health Department that there are no special regulations pertaining to movement of mine tailings in any area of the County or City of Aspen except those within the Smuggler Mountain Superfund Site boundary. However, these soils may contain more lead or other heavy metals than other dirt in the area, and nearby neighbors have already expressed concern to the applicants. For that reason, the Environmental Health Department recommends that tile applicant require their contractor to keep all mine-related soils damp at all times. The applicant is also recommended to contact the Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the applicant should contact this Environmental Health Department before moving soils off the site. The applicant has offered to consult with this department once they have soils test results; 2. That the Applicant shall be required to submit a Fugitive Dust Control Plan prior to the application of building permits to the City of Aspen Environmental Health Department which shall include, but is not limited to fencing, watering of haul roads and disturbed areas, daily or more frequent cleaning of adjacent paved roads to remove mud that has been Aspen Alps Planning & Zoning Commission Memorandum Page 34 ~ t) carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. Dust control will be crucial due to the closeness of existing homes to the site. In addition, as discussed below, the soils may contain mine wastes, so, while not a regulatory requirement, the Applicant is encouraged to take extra care to prevent any dust from blowing off these areas; 3. Along the south side of the proposed excavation, and perhaps along the south end of the east side of the excavation, the cut face will be too deep to remain stable without temporary support. This could be achieved through soil nails that will reinforce the soils as they are excavated. This is a fairly common construction technique for projects of this type on sloping properties. The soil nails may extend beyond the property boundary. Regarding this point, the Applicant has agreed to obtain the appropriate permission form adjacent property owners prior to any construction activity. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding: The Applicant IS not requesting any variances from these improvements standards. D. Affordable housing, A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding: The project contains 100% affordable housing. As such, the proposal is eligible for an . exemption from Growth Management Quota System discussed later in Exhibit D. Aspen Alps Planning & Zoning Commission Memorandum Page 35 r"I ~ E. School Land Dedication. Compliance with the School Land Dedication Standards setforth at Chapter 26.630. Staff Finding: 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 Standard per Unit x ~ = I Payment x In this case, the Applicant is proposing 2 two-bedroom units and lone-bedroom unit of affordable housing for a total of five bedrooms that equates to a Land Dedication Standard of 0.0012 for the one bedroom and 0.0095 for the two bedroom unit. Since there are more than one unit proposed for this subdivision, then each unit shall be assigned its proportionate share pg the current market value which in this case equates to $2,666.00 per unit. Using Chart I. above, the fee is calculated as $17.082. $ 2,666.00 0.0012 (1 bedroom) 0.33 $ 1.06 $ 2,666.00 0.0095 (2 bedroom) 0.33 $ 8.36 $ 2,666.00 0.0095 (2 bedroom) 0.33 $ 8.36 Total $ 17.77 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 both Lot 2B and Lot 2A to be $8,000. This apparent low value is the result of the development restriction placed on the lot as a result of Ordinance 31, Series 1992 which essentially prevent any free market development of both Lot 2A and 2B. It should be noted, the Aspen Alps recently donated exercise equipment to the School District of approximately $10,000 in value. Aspen Alps Planning & Zoning Commission Memorandum Page 36 1" " I""; "...., EXHIBIT D GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION 26.070.070( J) Affordable housing. Indicates that all affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shaH 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 nnit, 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 The Applicant is proposing three (3) deed-restricted affordable housing units to accommodate on-site employee needs of the Aspen Alps. The Applicant proposed this request before the City of Aspen Housing Authority on May 2, 200 I. Specifically, the request proposes the following mix: Unit I Unit 2 Unit 3 3 Units (total) Size 2 bedroom; 950 sq. ft. I bedroom; 850 sq. ft. 2 bedroom; 950 sq. ft. 5 bedrooms (total) By the nature of the Applicant's request to develop these affordable housing units in the sub-grade garage, this constitutes a multi-family project. The State of Colorado's definition of a multi-family project (three or more attached units) is a subdivision. 1n addition, the nature of this request will, in effect, modify the original subdivision established through Ordinance 31, Series 1992. 1n order to be able to construct these units in this project, the applicant is requesting an Exemption from the City's Growth Management Quota System. They are eligible for this exemption because these Units would be permanently dedicated as 100% affordable housing. As a result of the Telluride Case, the City of Aspen has no mechanism to ensure that these units will remain as affordable units for Alps employees because the City cannot impose rental rate caps on private development projects. Because of this, and in projects similar to this, the City of Aspen is suggesting that the Aspen Alps transfer a 1!l oth of I % real property interest in these units to the City unless the applicant wishes to make these units "for-sale" units. Ifthe units are "for-sale" units, Aspen Alps Planning & Zoning Commission Memorandum Page 37 ,...., . , ~ then they would become affordable category units available through the lottery (available to the general public) and then they could be controlled at category prices. Clearly, the Alps needs the units specifically for Alps employees and not for the general public. The Applicant presented the application to the City of Aspen / Pitkin County Housing Authority on May 2, 200 I. The Housing Authority unanimously recommended approval (6 to 0) to the City Council. Points of discussion raised at the meeting included: 1) The board agreed to waive the Income and Assets requirement regarding the appropriate rental categories because these units are specifically designated for Aspen Alps employees and to not require the renters of the units to a category three rental rate. 2) The board agreed to exploring alternative ways to ensure the rentals units' rent can be controlled other than the current method of selling the City of Aspen a one tenth of one percent (0.1 %) interest in real property so that the City would have the authority to ensure rental caps on the units. The board agreed that the attorneys for the City, Applicant, and Housing Authority should meet to explore other equally effective mechanisms to achieve the same end. 3) The board applauded the Applicant for offering to provide non-mitigation employee units as part of a development and the potential ability of creating a vesting plan by the Aspen Alps employees so that a portion of their rent goes into an account towards the eventual purchase of their own unit. The new laundry and maintenance facilities could be considered as expanding the existing use of the Aspen Alps which could be seen as space that should be mitigated for employees. The board agreed that since the project is a facility upgrade and not a significant expansion of services provided there would be no increase in employees. In any case, the three employee units would well cover any incremental impact to this end. I I I :1 ,;~ Aspen Alps Planning & Zoning Commission Memorandum Page 38 i"""", ,-, EXHIBIT E RESIDENTIAL DESIGN STANDARDS Since a portion of the proposed development is a residential component, Section 26.41O.010(B) of the Residential Design Standards applies to the three affordable housing units. Staff advised the Applicant to incorporate requested variances concurrently with the PUD review. The proposed development in unique in nature, in that, it is not primarily a residential structure; rather, the structure contains residential units. This is not a common occurrence and as a result, the Applicant's design is not able to meet all of the standards. Specific standards that require variances include: Secondary Mass: All new structures shall locate at least I O%of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. Accessory buildings such as garages, sheds, and Accessory Dwelling Units are examples of appropriate uses for the secondary mass. '. "'-. "'-. -" '>-" --- Staff Finding: The entire structure will be located below grade. In effect there will be no primary mass above grade. The intent of this standard is to break up the massing on a certain site into a primary and secondary mass. In effect, neither will exists in this case due to the current and unique topography of the site. Staff supports the variance due to site constraints and that this proposal better meets the intent of the standard. I l ! Covered Entry: A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6'), shall be part of the front facade. Entry porches and canopies shall not be more than one story in height. Staff Finding: The proposed location of the three employee units fronting Ute Avenue have been designed without a covered entry porch of fifty (50) or more square feet. This elevation is unable to take advantage of the solar access from the South elevation. Providing porches over the doors of these units would further inhibit needed natural sunlight from entering the units. Staff does not feel that a covered porch is necessary in this case given the provision of employee units and their somewhat limited access to natural light and air. Aspen Alps Planning & Zoning Commission Memorandum Page 39 r"" ~ Staff supports the variance in that it furthers the goal of the AACP in providing better and more livable affordable housing units. One-story Element: All residential buildings shall have a one-story street-facing element the width of which comprises at least twenty (20) percent of the building's overall width. For example, an .one story element may be a porch roof, architectural projection, or living space. Staff Finding: The structure has not been designed to include a one-story element because the entire structure will be located below grade. 1n effect there will be no primary mass above grade. The intent of this standard is to break up the viewable plane of certain facades, which add to massing of buildings. In effect, these units are single story units and are buried into a hillside due to the current and unique topography of the site. Staff supports the variance due to site constraints and that this proposal better meets the intent of the standard. I I Aspen Alps Planning & Zoning Commission Memorandum Page 40 - :~~y.10,200l 8:22AM ~~. T ASPEN HOUSING OFC -. f~'1 NO. 730 P.l r""'j MEMORANDUM -fit..! [lCJo./lts - i TO: , I I FROM: Fred J arlll4n Cindy Christensen I)ATE: April 25. 2001 A$/IEN ALPS CONDOMrNZIIMS APPI.Z~7%ON 333 Eat Durant REI tpSlIE: e applicant is requesting approval to develop the following under the existing I, tennis cou 1'5: t , I , t' i , i , I to I ! 1. 'ng structure to store cars owned by Aspen Alps owners and their guests; 2. ntenance shop (for Alps use only, to be located in the parking structure); 3. La dry facility (for Alps Wle only, to be located in the parking structure); and 4. Th ee affordable housing units (for ~Ips employees). : This proposed development Is designed to utilize el(istlng topography to r I lIy the entire structure. The lot contains 0.811 acres (35.327 sqlJQre feet). The ! requesting to rezone Lot 29 to L/TR (PUD). The only reason for this rezoning i thC1t the employee units wfll have both kitchen and bC1th facilities, and the current II not allow for any further development of residential units. Therefore. it is . nseesSQ to rezone the property to develop the affordable hOUSing. These units represent i an effort by a private business to step forward and providing housing for its own employees. This ho ing is not being developed for the basis of some free market development. The units wou be located immediately adjacent to where the employees would work. The oppli ant is proposing to construct the followillg employee housing units: I I ; i I I I I I I I 2-bedroom 1.bedroom 2-bedroom 9!50 sq. ft. 8!50 sq. ft. 950 sq. ft. Category 3 or 4 Category 2 Category S or 4 U 1t1 U 11'2 U 11'3 The appl l' is proposing to reserve five parking spaces in the garage for these units. The minimum et Iivabll!i square feet for each unit type and income CQ'I'egory in the Guidelines, is . stated to · "';Il: j. i I i , ...0\, Mr .10.2001 " , [. i: ; I , .' 8:22AM ASPEN HOUSING OFe "...., NO. 730 P.2 I) Unit Typ, Studio 1 Bedroom 2 Beclroom 3 Bedroom Single.Family Detachecl Celteaories 1 U Sauere Feet 400 600 850 1,000 1,100 Cateaories 3 & 4 ~ 500 700 9!l0 1.200 1.400 The appli nt if currently evaluating whether it would be appropriate to have a "vesting i' I progl'Cr.1" '~:;ffect for the tenants of these units. The program would take a JXlrtion of the I rent paid by the employees and place It In an account where it would be available to the I ! employee 0 use QS a down payment to purchase a unit elsewhere. 1 !, I f; .' i , . Ii i. I i I' I I I' Ii i' i I\ocrdAlfe"" petNJlps.doc Ie t I 11 1 [, r ! I) I I' ;: ! I f' . i'; i " i I " , , ,. , l' [, 1 ;: f' I r " , : The Housing Board met on thls issue on May 2, 2001. The Board Is Ing approval of this proposal with the following conditions to be fncorporcrrecl Into h 1. units shall be delld restricted crt a rote no higher than Category 3. Since the s are not being used for mitig<ltion, the applicant shall have the ability to rent the un s to an eml1loyee of their choice, whereby the assets and liabilities shall be w ved. 2. deed restriction for the units should be completed and recorded prior to Iding permit approval. 3. guage from the attorney's office should be incorJXlrotecl into the deed , trictlon, which will cover the controlled rents due to the Telluride case. The :;~t and staff will meet with the City Attorney to develop language to be rporated into the deed restriction. 4. Ite vl,it of all of the deed.restrictecl units is completed prior to Certificate of upancy. :I ~ ! I f' 1. r>, ~.' , . PUBLIC NOTICE RE: ASPEN ALPS CONDOMINIUMS CONSOLIDATED PLANNED UNIT DEVELOPMENT, REZONING, SUBDIVISION REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 15, 2001 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, at the Aspen City Hall, 130 South Galena Street, Aspen, Colorado in the City Council Chambers Room, to consider an application submitted by Alan Richman Planning Services on behalf of the Aspen Alps Condominiums for a consolidated planned unit development, rezoning, and subdivision review. The proposal includes the construction of 3 employee-housing units and a two level sub grade parking garage. The propertyOh which the construction is proposed to OCcur is described as Lo(2B of the Moses Lot Split, City of Aspen. The lands highlighted on the map below, which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condorninium Association, which are currently zoned either R-15 or Conservation are proposed to be rezoned Lodge / Tourist Residential PUD (L/TR PUD). For further information, contact Fred Jarman at the Aspen/Pitkin County Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102. s/Bob Blaich, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on April 24th, 2001 City of Aspen Account r./). o s::: ~ (l,) '" <"+ (l,) ..... .:z <: ...... (l,) ~ o H') So (l,) <"+ (l,) S ...... '" (') o s::: ::+ '" ~ o :3 S (l,) >- <: (l,) g (l,) )> CJ\ \J () :J )> \J CJ\ V ::r- o n- O CJ\ - I) t"""\ \. Y ~ ~ ~ ,.-., rn ::r o < ..... :::s (Jq go ("tl >-3 ("tl 5 ..... rn (") o ~ ::4- rn ...... o go ("tl ..... ..... (Jq ::r Co >z -< 0 ("tl ::4- :::s ::r ~ ("tl -< . ..... ("tl < - o o ~ ..... ~ 0.. o ~ > >!iE ("tl :::s > ~ rn C/J o ~ go ?;:l o ll' 0.. ...... o S; ("tl "-' , r-; "j I') MEMORANDUM To: Fred Jarman, Community Development Department From: Lee Cassin, Aspen Envirorunental Health Deparhnent Date: April S, 2001 Re: Aspen Alps Accessory Uses Application Parcel ID #2737-18 ----------------------------------------------- ----------------------------------------------- The City of Aspen Environmental Health Deparhnent has reviewed the Aspen Alps land use submittal for accessory uses under authority of the Municipal Code of the City of Aspen, and has the following comments. AIR QUALITY: Sections 11-2.1 "It is tlJe purpose of [tlJe air quality section of tlJe Municipal Code] to achieve tlJe maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The major air quality impact of a project would be the emissions resulting from the traffic generated by the project. PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. However, this proposal will minimize traffic generation because of a number of its features. Building three employee units on the site, for use by Alps employees, will minimize the additional traffic generated. Since the employees will work and live at the Alps, there should be no employee commute trips. Other trips will also be minimized because the site is so close to the grocery and other commercial areas that many personal trips can be made by walking. In addition, having the maintenance shop onsite will reduce trips by maintenance staff. While adding parking spaces can be an incentive to increase vehicle trips, having a parking structure for car storage will also encourage guests to walk to downtown since it will often be quicker than getting their car out of the structure. The applicant may wish to installlonger~life lighting in the parking structure and outside areas, since these reduce energy use and are more cost-effective in the long run. ....,.r t"""\ , I) If seasonal water or groundwater or dampness is encountered during excavation, the applicant will need to employ extra measures to make sure affordable housing units do not have mold or mildew problems. An engineer should be consulted if this is the case. We request that the Alps management notify its contractors about City ordinances prohibiting idling for more than five minutes, ahd not starting construction work before 7 am. FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily or more frequent cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. Dust control will be crucial due to the closeness of existing homes to the site. In addition, as discussed below, the soils may contain mine wastes, so, while not a regulatory requirement, extra care should be taken to prevent any dust from blowing off these areas. UNDERGROUND PARKING The applicant must consult with an engineering firm about the design of the underground parking structure ventilation system to ensure that ventilation is adequate to prevent carbon monoxide from reaching high levels inside the facility, in the adjoining housing units, or in the nearby areas outside it. An engineer who specializes in design of heating and ventilation systems must certify that the proposed design will prevent excessive levels of carbon monoxide from concentrating inside the structure and in nearby areas and buildings. Given that the housing is not in the lower level and that it is on the outside, the problem may be less severe than it otherwise would be. We request the Alps management to keep signs in the garage asking guests to not idle their cars in consideration of nearby residents. NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. ...Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum pennissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 7 p.m., Monday through Saturday. It is very likely that noise generated during the construction phase of this project will have some negative impact on neighboring properties. The applicant will want to take extra measures to minimize the predicted noise levels and to let nearby neighbors know when any especially loud activities are planned. CONTAMINATED SOILS: There are no special regulations pertaining to movement of mine tailings in any area of the County or City of Aspen except those within the Smuggler Mountain Superfund Site boundary. However, these soils may contain more lead or other heavy metals than other dirt in the area, and nearby neighbors have already expressed concern to the applicants. For that reason, we -JI_'/ , 11 "...., } recommend that the applicant require their contractor to keep all mine-related soils damp at all times. The applicant should contact the Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the applicant should contact this office before moving soils off the site. The applicant has offered to consult with this department once they have soils test results. tf"">, , , -~/ () .. Memorandum From: . 1 Fred Jarman. Planner f. ';.{ !'l h.../ Stephen Ellspennan, Natural Resource Manager P' 4/4/01 Aspen Alps Rebecca Shickling, Assistant Parks Director To: Date: Re: CC: Please have the applicant for the Aspen Alps Condominiums Lot 2b PUD provide the following documents and information: An explanation as to how the proposed excavation will take place for this project. In a previous meeting, the applicant indicated that drop down excavation and soil nails would be utilized for this project reducing tree removals. There is no information in the application which speaks to this. An explanation as to what criteria and what protection techniques will be employed in the areas marked "trees to be saved if possible". These are some of the largest trees on site and thus are quite important to the community. I would prefer that these trees be saved. An explanation as to how the applicant plans on not damaging trees on adjacent property not marked on the site plan (spruce). Please have the applicant remove the proposed spruce planting from the small courtyards adjacent to the Aspen Alps Road. These areas are not acceptable for planting of trees with this mature size. There are eight (8) trees total. 1""\ . . ._ .Aspe~Cons olidatedS anitatio~6istrict Sy Kelly * Chairman' Paul Smith * Treas Michael Kelly * Secy April 11, 2001 . I^,~. '-,-.:{"y-,O ;'r.JI'~Il~ N!J4 "::'])J.ti'IfI" , .~td I "~-," '!h."v".. 1002 ,",'iciSV "'~,' 0.':1 l l (JdV ' "",,:~I::::-#'t...... <;~~,,/:;?J~f!~)J ""~>Q John Keleher Frank Loushin Bruce Matherly, Mgr Fred Jannan Community Development 130 S. Galena Aspen, CO 81611 Re: Aspen Alps Condos Dear Fred: The Aspen Alps is currently serves! by our district We cUl"fently have treatment capacity to serve the development proposed. Downstream line constraints win be eliminated through a system of proportionate impact fees if necessary. Service is contingent upon compliance with the district's rules, regulations, and specifications which are on file at the district office. The drain lines from the car wash, maintenance shop floor drains, and parking structure trench drains must be connected to a district approved oil and sand interceptor. The interceptor should be located outside the structure if possible. The laundry facility will be required to have lint traps in place. The overan site drainage plans will need to be reviewed in order to ensure that no clear water connections are made to the sanitary sewer. Roof drains, tennis Court drains and parking ramp drains are considered clear water connections and must be served by dry wen or storm sewer. We request, as a possible condition of approval,. that the sanitation fees associated with the project be paid prior to the issuance of a building permit. The fees can be estimated once detailed plans are delivered to our office. A new tap can be made with a couple of days notice and after the associated fees are paid. b ~ Please call if you have any questions. Sincerely, ';&..u-c-- ~~)..~6 Bruce Matherly District Manager ... 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 > ~ ,...." , ,-., I MEMORANDUM To: Development Review Committee From: Richard Goulding, Project Engineer Reference DRC Case load Coordinator Date: April 9,2001 Re: Aspen Alps Condominiums The Development Review Committee has reviewed the Aspen Alps Condominiums at their March 28,2001 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2. R.O.W.lmpacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage - Requirement -.The foundation drainage system should be 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 prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm Information - The City drainage criteria needs to be implemented completely. This includes but is not limited to erosion control, soil stabilization, and re- vegetation in disturbed areas. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise (if any) from potential mud or debris flows. 2. Sidewalk, Curb, and Gutter - Requirement- sidewalk, curb, and gutter must be designed using the City of Aspen design standards which are available in the City Engineering Department. 3. Fire Protection District - Requirement- Fire Protection District requests the following revisions be made: "':;:. Page 2 of 8 March 30,2001 Aspen Alps Condominiums r') ~ a. A sprinkler system and a fire alarm system are required for the entire project b. Install a stand pipe system 4. Transportation -Information _ No response. 5. Building Department - Requirements - The following requirements were forwarded by the Building Department: a. Full accessibility to be provided to the tennis courts b. The bathrooms, office and laundry room require full accessibility 6. Parking - Requirement - The following requirement has been forwarded by the Parking Department: No response 7. Engineering Department - Requirement- The following requirements have been provided by the Engineering Department: a. A construction traffic maintenance plan needs to be submitted to the Engineering Department for approval prior to application for building permit. b. On the site improvement plan the following changes need to be made . Show legends on drawing . Show the stream and pond on the SE part of the boulder retaining wall and irrigation ditch along the wall · Stamp ( Wetseal) and date the survey within the last year . Monuments are to be tied to either city or USGS grid . Show easement title policy "All easements of record as indicated on Title Policy No. _, dated _ _(within the past 12 months) are shown hereon." c. An erosion control, drainage and dewatering mitigation plan must be submitted for review and approval by the engineering department, for during and post construction d. A construction traffic, noise and dust control plan is also to be submitted for approval e. Requires a soils report f. Requires a drainage report h. Requires a curb and gutter agreement i. Full set of construction plans prior to building permit stage j. Get permits, ROWand dust control Information - The following information has been provided by the Engineering Department: .. Page 3 of8 March 30,2001 Aspen Alps Condominiums a. The submittal of the construction plam; to Engineering Department for reviews prior to application for building permit will benefit the developer and will facilitate timely processing of the Building Permits. b. Aspen Alps road is Substandard and dose not meet the required 24ft width with shoulders c. The Ute Avenue improvement survey (Ref 830-141) decided in 1992 that all sidewalk was to be on the North side of Ute Avenue. The sidewalk is 8ft wide. ,~ ,.' ) f~ 8. Streets Department - Requirement- As of the request of the Streets Department revisions need to be made as follows: Reviewed no comment 9. Housing Office - Requirements - The following requirements have been provided by the Housing Office: No response 10. Community Development - Requirements - The following requirements have been provided by the Community Development Office: 1: Staff strongly suggests the applicant rezoning the entire Aspen Alps property to Lodge I Tourist Residential with a Planned Unit Development Overlay; 2: Here are additional thoughts on the application from the Community development perspective: Accessory Uses The applicant proposes the garage, maintenance facility, and laundry facilities as accessory uses to the Aspen Alps. The Aspen land Use Code treats accessory uses (pursuant to Section 26.575.140) as the following: An accessory use shall not be construed to authorize a use not otherwise permitted in the zone district in which the principal use or structure to which it is accessory. An accessory use or structure may nol be established prior to the establishment of the principal use or structure to which it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation. Even though the proposed uses as described above could be considered accessory uses to the Aspen Alps in the R-151 PUD zone district, the request to provide three (3) affordable housing units does not fit in this zone district. The development of three or more attached dwelling units (that have kitchen and bath facilities) is considered as multi-family housing which is not permitted in the R-15 zone district. In order to accommodate the affordable housing component of this project, the applicant proposes to rezone Lot 2B to the Lodge I Tourist Residential (LITR) zone district where multi-family dwellings are allowed as a permitted use. Rezoning Page 4 of 8 March 30,2001 Aspen Alps Condominiums The Aspen Alps Condominiums are situated at the base of Aspen Mountain and are located in three different zone districts: Conservation (C), Lodge / Tourist Residential (L/TR), and R-15 (PUD). In earlier discussions with Community Development, Staff suggested that the applicant rezone the entire Aspen Alps to LI TR (PUD) and not just rezone Lot 2B. This would, in effect, clean-up this area's current zoning fragmentation without substantial changes to already existing development rights. (! ~ , .. Even though the applicant has applied to only rezone Lot 2B to LI TR, Staff feels that rezoning the entire property is in the best interests of the City. This rezoning of the property to LI TR (PUD) could be done in a Master Plan for the Aspen Alps Condominium Association. In addition, the PUD overlay would establish a site specific set of dimensional requirements that would serve as a safeguard to any future changes to the property, in that, any future requests would require City review in a PUD Amendment process. Although the applicant agrees with rezoning the entire property to L/TR (PUD), the Community Development Staff is presenting this request / recommendation to the Planning and Zoning Commission and City Council in addition to the specific applicant request. Subdivision By the nature of the applicant's request to develop three affordable housing units in the sub-grade garage constitutes a multi-family dwelling. In order to be able to construct these units in this project, the applicant is requesting an Exemption from the City's Growth Management Quota System. They are eligible for this exemption because these Units would be permanently dedicated as 100% affordable housing. However, as a result of the Telluride case, the City of Aspen has no mechanism to ensure that these units will remain as affordable units for Alps employees because the City cannot impose rental rate caps on private development projects. Because of this the City of Aspen is suggesting a 111 O'h of 1 % interest in these units be transferred to the City unless the applicant wishes to make these units "for-sale" units. If the units are "for-sale" units, then they would become affordable category units available through the lottery (available to the general public) and then they could be controlled at category prices. Clearly, the Alps needs the units specifically for Alps employees and not for the general public. Their best approach is to make the City of Aspen a 1/10'h of 1 % interest in these units so that they are available to the Alps employees. In any case, and as a result of the aforementioned, the Alps is required to go through subdivision as this is a transfer of an interest. Page 5 of8 March 30,2001 Aspen Alps Condominiums 11. Emergency Management Disaster Coordinator - Requirement _ The following requirement has been provided by the Pitkin County Disaster Coordinator: t"1 f'y ... Reviewed no comment 12. City Environmental Health Director- Requirements- The following requirements were made by the Environmental Health Director: The City of Aspen Environmental Health Department has reviewed the Aspen Alps land use submittal for accessory uses under authority of the Municipal Code of the City of Aspen, and has the following Comments. AIR QUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pOllution throughoulthe city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The major air quality impact of a project would be the emissions resulting from the traffic generated by the project. PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. However, this proposal will minimize traffic generation be.cause of a number of its features. Building three employee units on the site, for use by Alps employees, will minimize the additional traffic generated. Since the employees will work and live at the Alps, there sIlould be no employee commute trips. Other trips will also be minimized because the site is so close to the grocery and other commercial areas that many personal trips can be made by walking. In addition, having the maintenance shop onsite will reduce trips by maintenance staff. While adding parking spaces can be an incentive to increase vehicle trips, having a parking structure for car storage will also encourage guests to walk to downtown since it will often be quicker than getting their car out of the structure. The applicant may wish to install longer-life lighting in the parking structure and outside areas, since these reduce energy use and are more cos~effective in the long run. If seasonal water or groundwater or dampness is encountered during eJCavation. the applicant will need to employ extra measures to make sure affordable housing units do not have mold or mildew problems. An engineer should be consulted if this is the case. We request that the Alps management notify its contractors about Ciy ordinances prohibiting idling for more than five minutes, and not starting construction work before 7 am. ~ Page 6 of8 March 30,2001 Aspen Alps Condominiums r\ , , t"""\ FUGITIVE DUST A fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily or more fre uent cleanin of ad'acent aved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. Dust control will be crucial due to the closeness of existing homes to the site. In addition, as discussed below, the soils may contain mine wastes, so, while not a regulatory requirement, extra care should be taken to prevent any dust from blowing off these areas. UNDERGROUND PARKING The applicant must consult with an engineering firm about the design of the underground parking structure ventilation system to ensure that ventilation is adequate to prevent carbon monoxide from reaching high levels inside the facility, in the adjoining housing units, or in the nearby areas outside it. An engineer who specializes in design of heating and ventilation systems must certify that the proposed design will prevent excessive levels of carbon monoxide from concentrating inside the structure and in nea-by areas and buildings. Given that the housing is not in the lower level and that it is on the outside, the problem may be less severe than it otherwise would be. We request the Alps management to keep signs in the garage asking guests to not idle their cars in conSideration of nearby residents. NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pOllution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. ...Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 7 p.m., Monday through Saturday. It is very likely that noise generated during the construction phase of this project will have some negative impact on neighboring properties. The applicant will want to take extra measures to minimize the predicted noise levels and to let nearby neighbors know when any especially loud activities are planned. CONTAMINATED SOILS~ There are no special regulations pertaining to movement of mine tailings in any area of the County or City of Aspen except those within the Smuggler Mountaill Superfund Site boundary. However, these soils may contain more lead or other heavy metals than other dirt in the area, and nearby neighbors have already expressed concern to the applicants. For that reason, we recommend that the applicant require their contractor to keep all mine-related soils damp at all times. The applicant should contact the Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the applicant should contact this office before moving soils off the site. The applicant has offered to consult with this department once they have soils test results. = Page 70f8 March 30,2001 Aspen Alps Condominiums ~ ..~ .. 13. Parks - Requirement- The following requirements have been made by the Parks Department: Planning department has response 14. Utilities: Water: City Water Department - Requirement - As a request of the City of Aspen Water Department, revisions need to be made as follows: a. All uses and construction will comply with the City of Aspen Water System standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code d. Prior to excavation two bores will be made on Southeast and Southwest corners of the proposed parking garages to determine the level of groundwater. If groundwater is encountered within the proposed evacuation, a plan detailing how it will be diverted to the nearby mine drainage ditch is to be submitted to the City of Aspen water department for approval. Wastewater: Aspen Consolidated Waste District - Requirement _ The following was provided by the Aspen Consolidated Waste District: a. The car wash, parking and maintenance areas will have to oil and sand interceptors b. The laundry area is to have a lint trap c. Rain and snowmelt runoff must be contained on site by use of drywells Construction: Work in the Public Right of Way Requirement - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including "'" Page 8 of8 March 30,2001 Aspen Alps Condominiums grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. A cJ 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or deveiopment, involving street cuts and landscaping from the Engineering Department DRC Attendees Staff: Richard Goulding Julie Weatherred Tom Bracewell Denis Murray Willy McFarlin Ed Van Walraven Fred Jarman Applicant's Representative: Alan Richman Pamela Cunningham Nasser Sadeghi , n, #352013'.2/18/9214:23 Rec $45.00 Silvia Davis, Pitkin Cnty Clerk, n \..,..:....> . , Bf<-698 PG 141 Doc $.00 OR.DINMlCl!l }to.n (SERIES OF 1992) . AN ORDINANCE OF THE ASPEN CITY COUNCIL.. GRAN'rING. SUBDIVISION FOR LOT 2 OF THE MOSES LOT SPLIT, A LOT LINE ADJUSTMENT BETWEEN THE MITCHELL PARCEL AND THE MITCHELL/BORNEFELDPARCEL, AND VESTED RIGHTS FOR 8040 GRl!lEBLIN. REVIEW, SUBDt-nsfON, AND THE LOT LINE ADJUSTMENT ALL LOCATED ON ASPEN ALPS SOUTH ROAD, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Sections 24-7-503 and 24-7-1004 C of the Municipal Code the applicant, Moses Aspen View Homesite, Inc., the Aspen Alps Condominium Association and George Mitchell have submitted an application for sUbdivision of Lot 2 of the Moses Lot Split and a lot line adjustment for the Mitchell parcel and the Mitchell/Bornefeld parcel all located on the Aspen Alps South Road, City of Aspen; and WHEREAS, pursuant to Section 24-6-207 of the Municipal Code, the applicant has also requested Vested Rights of the subdivision and lot line adjustment and 8040 Greenline; and WHEREAS, at a duly noticed public hearing held April 7, 1992, the Planning and Zoning Commission reviewed the 8040 Greenline and Subdivision proposal; and WHEREAS, the Commission approved the 8040 Greenline review (see Commission Resolution 6 (1992), Exhibit A attached hereto and incorporated herein); and WHEREAS, the Commission also recommends to the City Council sUbdivision approval for Lot 2 Moses Lot Split; and WHEREAS, the subdivision of Lot 2 eliminates the floor area cap of 3,800 square feet that was originally imposed upon Lot 2 during the 1987 Moses Lot Split; and WHEREAS, the applicants have offered to voluntarily prohibit all future development on Lots 2A and 2B of the new sUbdivision as created herein, consisting of approximately three acres of valuable open space and an existing tennis court area, in exchange for the City granting permanent vesting for the development of a 5,000 square foot (allowable floor area) residence upon Lot 2 within the subdivision; and WHEREAS, the existing underlying zoning for the subdivision allows for the construction of a single family residence of 5,000 square feet (allowable floor area) on Lot 2; and WHEREAS, the City Council has determined that the neighborhood and community at large will derive a significant benefit from the 1 #35201314/18/92 14: 23 Rec $45. 00 B~.98 PG 142 Silvia" .lis, Pitkin Cnty Clerk, 00<:'- $.00 permanent preservation of remaining open space within the City; and WHEREAS, the City Council may 'grant vesting of site specific development plans for periods in excess of three years where warranted in light of all relevant circumstances in accordance with C.R.S. Section 24-68-104(2); and WHEREAS, subdivision and lot line adjustment were reviewed by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby approve the Moses Lot 2 Subdivision as recommended by the Aspen Planning and Zoning Commission consisting of Lots 2, 2A, and 2B, Aspen Alps South Road, City and Townsite of Aspen subject to the following conditions: 1. Simultaneous with the recordation of the final plat, Lots 2A and 2B shall be conveyed to the Aspen Alps Condominium Association subject to deed restrictions in favor and for the benefit of the City of Aspen permanently prohibiting any future development on said lots. Further development shall include the application or crediting of the lots toward additional lot area for floor area, bedrooms and density purposes for all existing or future Aspen Alps Condominium Association buildings. For Lots 2A and 2B, further development shall include additional floor area, bedrooms and density or major new recreational facilities such as tennis courts and swimming pools. The deed restrictions shall be reviewed and approved by the City Attorney. 2. A final plat and subdivision agreement shall be filed within 180 days of final land use approval by the City Council in the Pitkin County Clerk and Recorders office. The final plat shall be reviewed and approved by the Engineering and Planning Departments. 3. The final plat shall depict the following: a. Lots 2, 2A and 2B; b. that Lots 2A and 2B are restricted against any further development or additional lot area for floor area, bedrooms and density purposes for all existing and future Aspen Alps Condominium Association buildings. The documents restricting Lots 2A and 2B shall be referenced by the Book and Page number. c. the new access onto Lot 1 Moses Lot Split; d. graphic description of the zoning designations for Lot 2; 2 #~52(?lrF/18/n 14:23 Rec $45.00 :')698 PG 143 Sllvla aV1S, Pltkln Cnty Clerk, Dw2 $.00 e. no parking allowed along the Aspen Alps South Road unless approved by the Fire Marshal; f. an easement indicating Lot 2 access off of the Aspen Alps South Road. g. all improvements on Lot 2 including the entire length of the actual access road and the revised access easement including the roadway surface; h. the contents of the final plat must meet Sections 24-7- 1004-D.1 and -D.2 of the Municipal Code. There must be a statement by the surveyor, either in a surveyor's certificate or in a general note, that all easements of record have been shown on the plat. The date must be within the past 12 months; i. in the event any of the applicants obtain title to the USFS Tract as depicted on the plat they shall deed restrict said tract against all development. Said deed restriction shall be in favor and for the benefit of the City of Aspen and shall be approved by the City Attorney. 4. The width of the access easement to Lot 1 Moses Lot Split across Lot 2 shall meet code requirements (20'). Section 2 That it does hereby approve the Lot Line Adjustment between the Mitchell parcel and the MitchelljBornefeld parcel (to be conveyed to the Aspen Alps Condominium Association) on Aspen Alps South Road with the following conditions: 1. The lot line adjustment between the Mitchell parcel and the MitchelljBornefeld parcel (to be conveyed to the Aspen Alps Condominium Association) shall be depicted on the final sUbdivision plat for Moses Lot 2. 2. The final plat shall contain a note stating that no additional floor area shall be granted due to the increase in lot size of the Mitchell parcel. Section 3: That it does hereby grant Vested Rights in perpetuity for this Subdivision, Lot Line Adjustment, and 8040 Greenline including a 5,000 square foot single family residence (allowable floor area which includes exemptions allowed for in, Chapter 24 of the Municipal Code) as approved by the Commission on April 7, 1992, (please see Resolution 6 (1992), Exhibit A attached hereto and incorporated herein) with conditions as follows: 3 #352013 12--3/92 14: 23. Rec $45.00 BK 6~ PG 144 Silvia Da:._; Pitkin Cnty Clerk, Doc i.vo 1. Any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of vested rights. 2. The approvals as granted herein are subject to all rights of referendum and jUdicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of the vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 4: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the city of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general pUblic of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions 4 . #35201;-',2/18/92 14: 23 Ree $45.00 0698 F'G 145 Silvia _",vis, f"itkin Cnty Clerk, Doe $.00 thereof. Section 6: This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be. conducted and concluded under such prior ordinances. Section 7: ~ A pUblic hearing on the Ordinance shall be held on the ~~ day of/2t~ at 5:00 P.M. in the city Council Chambers, Aspen City Hall, Asp Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. k Kit "..'. Koch, city Clerk ('O(~.~f~ ~./ ~AI.r.y, adopted, passed and ~, 1992. .i'",~~" oT.. r. ,~~;E~%..:o~.~.' ~ ! .-.o"- .'" '_',ltV" f . i~ \. '~:~~. (';;"l'''~~ .,. (uil ~ .' ,,' "., INTRODUCED, READ AND ORDERED PUBLISHED as t~tf Council of the City of Aspen on the , ,1. , "92. ~ provided by law, by d"'l day of ...v ..:;1t;' - tY. John Bennett, Mayor approved this ~ g day of (3~- John Bennett, Mayor 5 "', ~"~';.'2.;;'iJl_p(AlOf '/~)AN> ftNAL'steCt~.' 27.<:........., .~.....OF.llE'~:.R.~tA~[)'ttA.BORNeFELD..Il. ~...'" .... ; A SUBDlVISlON . LOCATED iN SECTiON 18. lOWNSHIP 10 SOUTH, ~< RANGE 84 We$T OF THE 6TH PRINCIPAL MERiDIAN..PITK!N COUNTY. 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FINAL 6Ul'lDIVI""'" I'lA;OFTh"G~ r MI1tl-tI!I.L^"'O TREt<f N~~"51~O.W2H.~1 E:Y THEN::f :;r:dIS'OO"W ;d2.0tJ Pi.; H,A. ~1!U1 Vf(. l"kJrt."'li', ^ ?OCO ~!tOT n.mUNW5IJ19'W S'.l!.f'Tj "l<El'a.549'<l~txiw OC),47 ~t.. ~Cf'.NcE.(r\4h'l11AT F1CI::J".-'IREA^l.LIJWEP""~~ """'fHZN3~21~4..'W ~.21 fT., ,TI-lEl'(f.:Nx,'22'4Z'W ~.c.b fT.: iN O~JIt. 24 CJ"~ ~~' Iw'lJNIClt')\LCOP!:~~ ~ 1l-4DU NI'!1'.51I(Q 'K 47.51 Pf.j lW:N."f.N2I3'}41o::tE 57.4() FT.,. ~C<<.lOr Z !N ~lVfl"Y; ANO 1'HE toT UNf: T "'EN:! N)'-51.",,". ,~.SO 'r. THfN"L5<>7'\4I5(;'W "0.00 Fr.' ~ !>IE MI1tH.LI. HOJe>E. ~11'E ANOl>;!! "" AND lHF.N:f N7'2"oe'.17-W .Q4.illrl; ~N.4~.Ii:"SI'W: 7'3.~ Fr~. ~-e1.O f'I!Vf'1:,q"( ANDl'H: ",^~IO.)!> DEOIQ(f"ION~~'4tN ~;;: mcfcP.II,O/W 72.21 f~i THfJoaSW43'47' 'II 10.:>1 f(, AND NOrW HEmoN, ,AJ(f Hf'l<E&r NXEI'T"1J7 AND ~O THL:N:e N8ct3CH.(j' -/It 0(,. ,~FT., ThElC.544'5ei'01W- ci';.'}Q fT., tJr"THf: CITY or ~ffN, C~. ct<l THe OTH DA'f' C1!t.il.JNE, . THEN:! 504::lO'CP;W~34M:- T1-lEJoQ: N~3'~a1'!: 112.~ .f(, i~2 ~ lOT\olE P"",,~ orQIWINJKl!~'')I, THEJoa 543<<000 E1.07.:l5W, TH!tI:EN<6'a:ia:;'" ~.:y' r"r.j 5en",<< 1%1. AN" ~IGN.O ~.... "'"YO.. ._ n ~, TH~~"!l46Iocfe. S.OOFr:i1HE.tCf"NA~CX?~ 170.44 FT.,' I~." ". -'. 1~~~~~I~~~~~~~~e~?lo<~ ~~r~--;~~..(...__~... .......~{~. Tl-lEJoa045"CO'ro'E jn~7Ff.irneaN.5Y.5I'c:o"El52'24FT.", i'ttH. ~ " . ~fOINT'Cf~I~If'E,.. -. ' . " CITY,~',. M"".' "... . '. .' EXCt:.n1N51'Ht. YOLL.OWI~ I'"I-JI:fL~ ~EC.OROf.O IN THE- PI~ COJNlY CLERK AND ~eR'!?' OFFU- WlLOlNSoo A, ~ ANOC, ~f'I!:N .AL~'::a.JfH1 /'O'-HE 5"Mf AJ:\E 5HJW'N ON THE CQNlXltw1INtut.l w.,r f(.~O IN f"LAT ec:oK ~ .~~ PI(;.e~ 5>4 rH.u.6H 57. 1N:J,lJ;1VE/.~ THE 700 IlOILP....., I'6~N A.LJ":.curH IO~~ 15 ~MVWN ONTHf FI~r :O(JF'l'LElYleNT 10 <aN<bNllNr-M MN' OF ....00PEN ~lft.,';aJfH P..ECOI"!:OE.O IN PLAT aPK "3 AT p,.tG~ 37'3 1l1f I.1llCHfLl. }-(l.I5t' biTE ^~ O=~I~fD IN """K 2~ Al' P-'6E 8,2.L ~Np 6OIIE!l.NMEHr LOr 42, ~ nON I~,. ~P '0 =<.II..... AA~ Il4 ."'c.5r 0' r~f (p l'H "M, i.Q(AfW. IN TriE CCUNtr Of ';n"!'lI.~T'-T'E. Of CQiOAAro, HEREBY PLAT "'ND .::t;MVIPE, .::::.NI'REN..: ~Rr(' IN\? . I.OT" 2. 2A ANO ~,~. R~~O"'''IOJcbY'O:oE''' wr &lJT . AND fl"~AL.::l;.'$'l\Ilxn'l MJ'Of 1l-IE ~f P. Io1I"t:t-tELL.AMO ~1....I". SC'RNE1'BD,JR..f1VPEI'l:.1Y, A5~,~^f(~~ ANO NonD ON n-re: ~ecT COIo<IP/(~I'6l\1~ f'V>T, ^NO Bf' ~: Ft.IR11--IEfC{ Kf'..i:J'4IN 'fHAT THt' (MINf.R5{ L HE~l'Y$Ev.Nr ~N E),.~-r ovER TI-lf~'^~ ~ ROAO.A~THe$~I!lo f;lHO'N'N"OVe:FtANP~' LOT: 2.A RJR' Ja:~iAt:fQ unLiT'!" ~ ~10,"T1-+e TE~ ^""CDNoIl'iJI;"'.OF;.TH'i ",,,,,..IIll'tI.~_- 1lENT" ~ IN \lQOI<&II:L^11l'Q!.'1I:l."l!T.~..Of. ~f OfF'1Cf or "T1-IE-;MOON caJNf'(,a..EJQG.\t-P ",~ptl rof(. Kt:.J!:f.f:J 1'6 Nft::OW iOs. A. et!ILOI,q.; A, !l ^I>I)C. ^3FI'N AU".> ::aJ'lH, M.THE ~e. ME ~ C"l\1ECON""""NJUM.1'Mt' 1<1>:0"""" IN i"IAr . OCOK 3 Ar r1'6f~ 54 n-tI'>llXi*! 57, ltoWI5IV;.!?F:>'\IDCI'f'ICl! e. THI!;tO OOLD1NS; ~ ^LI'>~. ^~ '."";.'ME ~ ~ ON THE ",."r .:<J1'f'/.fl'(&JT 10 =""NII.M Wf' Of^~~'Al.FS ~ ~EI']IN.F'lATea:::oK3-^T rxs.e 373 ~ ~oFF~e, , '. . ' . C. 1l4E: ""'1tHELL ""I<'.l!L ~ ~A'" THE '/(Ew.:>EO MITCl-ieLL H<v.tfi ~IT'E . ....NQ . Q L= I ^"'" t, ~thr ::!'lIT. 2. H~ ~ l'H'UUI,CW1N1> ~C:"'r.'l:' COVENAN~ ON W""-lA ANO zer. . A. ''M',: FlOOR ^fWo- .~ />oM) ~.AmllOJTl;O'" to T~. 2^ ArC zeo '.~ 'li:1r ""l.I11~. no ll<f r:xI<ol'INI;, . AOI'EN N.r.> CQNt:l::iMiNIUM !.INIT . fVl(l'U~it'6E:~. Of 1~1N311-t' RmJC~!?\~; ~0Il. .. ~11'l'0I" ~!ll1I'G'Ol< <'V"""" ^L~' c.oNooMlNU~ ~1Tl>" .. . . er.~Mt~~~IO" ~1>U'~"'-"CJlJ11e"'~~~ caA<r.i + __1'6. ~'I>HALL oo:UR ON !>'lID lCt!>.. c. ~;JJ.~!>MH AA,),'l.!lH!OoD _lL 0NIr "" AUOWfDamR!l1(>1'>1'T. I'AVWI'lO'oO ~A""",,,W"" TI-IE 1'1101!,~ arn-<<: em- arA~. p !N 1H! IN"",l' fiTHlJ(. ~~. viEW ~ll', /~/C.... ~"lo1IlCHl!1:" H.A,~eF=Q"'''''''A~ .\L.I"O ~INl\M """"".met< olt'l\U.'<a'.AJ!EfllU.1O' ~T lOT 42, ~.;O, 'IOW/'O;/r "'~. _!lMWf..rarTHt!<."O!M !'f>D!:/'ICTfJ7'ON'I_ . pv.r, ~.. _T't'~AU.~Tio(rc.l'~t.1e:NrlOl'41 ,>\&oj~TALI.~~i' r~~~~~~~r~. "'" f'OO"..l<T'C:!!I ~. ~J.\fii";':"'" "'" .or ,~~;l4:f5e6;r~~q'1~",," '-:, - .,",",'1 .. ~~~'..elII~ ...;;.-.. _~J.u....: . '1i;U 1'<....~""'_,,~#~ DEQICAT1QN . i<N:>w AlL "'EN f"( mGE PREi)EN1"> THAl' ~Cf.;<!o A5Pl:fi v""" H::MEelITE"lN::,.., ......CO~_CQRft:lfl!.I\ftJN AND ~ t': MI1Ooir:LL ^"" HA. OCl<:N'FELD, JR., eoElm THEo.vNtF-" or AI.L OF 111E PR:JrEt<IY DE"""''''''' >1EREON AHD =,,"e>W A!:J roLl.DW'~. M TO. M:>>f.& ~EN VI'W I-OMf..t<re, INc. ' toT!, ~'lOT'e.PUT, ."'CC-.;""'~ lOT~E PI......T~E~f.'1~, Rs:QROIOP IN eoo<: I'!> AT P>'(;E e?.L ~frHEOfFCE Of THE Cl.....EJtK^Np~fi!':OFf'lrk::'lNu:.uNTI'~/~oa; . A~ro~Er. MllCHElLANO ~.A."OI<N(fElO,J~.. THEl'!)l.104'lN6' OE,b::R.IMP REAL FI't:f1:R1Y~ ~~~~~ ~~~~..+--._--' ~1!1f"_~c:..,,::.}'S. ~tJIf'~...........~.:...:....= '7'./E roIIllSOlN!; oo:v.T~ ~ -'C.I'NOWtEOSED _ ''''' TI-<...~~';.~YCf'_J.t;~:;.t'....~ !992 ...... .za.<~, PI<=-",/,iT OF w:a:; VIEW' ~r~, NC..,. '" ~~ . W'l~),ff KAWAM' ~~;~.~., i ,.'r4;-' V1'y ~~ _..._'.:.....:___-'.........._.. "~' ;,I!I,<,''/iC'. . ". . ..,,_t..-!J,....:... '_..__..~.~ ._~ . .' t~. ,. ., . . o,.r.;~;t' ~r"Ti:OF~_'.i J:,:; <nUNT't' OF.L.r!':_. _" ,,_ ''''''E I'ORE<;QING. "~. r<JN_W^~ k></'l<:M'LEJ:lS!:p ~E "'" n~l'?;ilJ.:.:...~YQF" :1:..1J~::"':"'.'-' 1(}92. e>Y (?EORGf: r !V!1'OffLi. .....NO 1..:r.A,. ear:.Nef I'" r;." wln-t:':h W ~~-~" ?rfPAL ":>eAL. , .,,.. w ::Cl/~'ue6ICN.~' _.~02,~':~.~:~'..~_:..~-:.?~~}_'J.:. "......'. ,:~: +:. ". 'YJr'" ....' r;;' /i:'fj t:ifij.g{ -fiJt>(ie..': " - .~_.t.- ...._,(J ASPEN my COUNCIt. . ~ ANt>. KCEPTANCIl '.' -..... '. TH!J FIATOf' 11< 1<.fJ'\A'. :r 01' u:!f ~~ l.QI( !lro'l' "'1;1I;>' FlNA<L euIOIVle.cH F1AT.or""'" ~ r.'l;oIJ1:Htl;~ANO. I.J.A. 1>Ol:Nuat:l~lI:,.r~lY -. . - ~.:i:.%'.1Y.. Of A~ flA1l'lN_"N'7 ~.~., ..... m nt::.rrov~Oft<ePU1l'la-l NI!)'. g,i,4 ~OM' lJ./E21~r."",(OFN'fl:IL, ~z.. . . . .' ....... . ~/..~ ' . ",Ja ..... ",' -. - , . ..'u . ~,' ~ ., .. ,.,._..... . , . . . . .. " ~,; '.: m. ," CITY ~ J4.~ n"~"^Torl1-<t:~Of' 'ftJ:~~ k"f~~ ,,' C/l'<" ~~W"~crrr'7_.. 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'SfI ~S -- .P r:. . ~oQ... I~ '. ". J"();~,.:, .,,~ '^ " ",-~~, ...t" '~AIl ~ :J'I ,,..:...&~'" '/ ' \. "~" " ,p . . p~.' ! 'iO.. ,1lll<....". '.' ,,''''''' ' ":'.r~,,(,,,, t>W~- .... -./ .. ........... . ~....., ._N .~._~ -,.. . ~ I'" ........ ,,"':If'::=; ~ "P',\ \ ~ ',.;;tV:; ~~~ ~, \ ,~t":tt...\~\~~~--- ..1."':'.... 'fJ......rf.~t. :~~~:-- . "'\:....\ G:t~1-1 .~--- \ -.,>"" ~ """ \ ...",... \ . I~"; \: . \ \ 'Jr:L:U \ ,'lilt \ ~ :/\tlC"'1E!\4~. iiX' \ '" .\ \. /'" P~lvAft A,(C.~:)'::. \ \ \ DK^.lN.A6o! "NO \ \ 'JTIli"'Y \ / f..'6eMtNT \ \ / I (1lOOK 4J<l I'NE 7e0 ~( ~DW CENTr..ItUf'(:' . . Lonn, '~.l/l."" I 5b4"~'W ~.!>4 I XU;D<I(y' I ~. .~1 ~.~56.I""l.Ci'W r I" ~~ I ~'; ~~ Zsct'C7r-~," .::,t'(:D ,\...\ a"~l\'l I~l ,n"U <.' ,....\>1'1'" -...I, l~ ~~~\c.' \<1 ~"""~':JI' ,\IJ,I\I.J'-.~'-I \ 'i-,:j,~S\ \-i\ ~~l- \ \'3\ i( \Q\ f 'tL ."- '!"o..:E ~E ~V\J~, ~.Er~N&,~LL J. ~i'f..~H 0 ~ E....~MeN~ F"C F:.tt.~HM~~ A '~..Afl:eA"-I'r'~ "Ot':'~~C"" .... 1RTt".)f' or THI~ jl" + ---..... ---.......... ------ N ~ ...J .' . '. ......' :~.-:.:..~:F5: 4' ~~ ~,.,..,..; ~..:,- -" ~'" LOT~_.._____ 1 1 .. s :~c.:;~ Sv.~l ,<,.! ~ it '2 '3 15 -~6 17 18 19 20 21 22 r':' ~X) II I : \ I .~LE.!'.....:;",o1 .." .5.4'''IN':C.~ 5"X; O"""'.D' N 15'10'00'0 Q-QRIJo. N vtdco"t ::t<~. 'j(Of.~'oo'!:. ::2d'~ '.:d!: J~..2; A' 2,"JK)'co' 8 -/;Jt::::kx/ A .. 907::x::;a:/ 11:- 2';0. R- :p. !It- .!iO ~",:ti"';':"::e\ <i(. ~ -' - -'.:~>:: ~ . '''''\ ~ '2- . "-'.....::. 10. - 3, 7'^6PEN :D.1iJ1 . 7"'" O-lP1 " .~ ~. ~'\. ;to... , ~6~ ~.'l .'. - ~ ~2.,. '. ~ .-. '-0() :::,.::/ . . ~:.:.:- ..x.:". .L ~ ..-.(:c~ ,.....1r..~.~.:'. ~....:.. :.~._~., ~.. '.c: .'.~.~':.x:.\'\ .....,.:~ ,.,j""-;(~.r~',-;1\,."'",.::.......'':"':'~ .:..' ;;.'~ ~-~' ",'''' 2: ::,...:..~<:t .i.~"/~ .c''::.:J& , , i \ \ \ A/ \ '-~ \V'~ ^~ -f.f !:''',;,~\ v(t' \ (j , I ~"f OF \~ .;: :1'1 ,~ .6: ...:; ..~ :~ ~~; '.::rt."'IRD" ..:-21"~'C:C'!: ~." =,-:'.~ :r." ~... .. 547-\Uo'OO.EbLiI CH<Jl':V. 07"'j\''jO'E A .:to' :J,'a)' K 45 Nd4.I)'OO'e. e.;.:. (.faD' NiD7'",,'5Go'E. ,!,- 3:="s2'ct:! /I.- 40 01,')"00'00'''' '7.11, . ,,q:E 10 fC.:::J>.v-.IN o T~EE. 10 I>f. !(.r.M()','W 1IOtIOI....,....,,~___...........____...... .. ........._~ .................. ...........----... .. ........................'...,.......... .......---. ....-~..............._............_-.-. '. Alpine ~ Inc. ...~ '.'!~ i,. .\ .~" . . (:. rl ~ , ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~'\' e..-. A\f(s (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Ul",,- t.o~<,.\...L.~ Qv'V S'~ 8..""h.~ ... (, w.. 19..c;. e~ -\-:.... (hereinafter, THE ROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required fmdings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay ,an initial deposit in the amount of $ I:lS ~ which is for l. hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN tLL. J Julie Ann Woods Community Development Director APPLICANT H5 pe.() /tLp s By: nU.D .L..[a It{ ~LL Date: ~~~/OO Mailing Ad ress: '--.~ -~ ., <10 \.l \:CL ~II..."'J.I(. ~t'-- Co "0 ~ \0 \ \ g: \su ppo rt\forms\agrpayas. doc 12/27/99 1""\ EXHIBIT #10 f""l LIST OF OWNERS WlTHlN 300' OF SUBJECT PROPERTY 679534 ONTARIO L TD C/O CHARLES C GOLD 130 ADELAIDE ST WEST #3302 TORONTO ONTARIO CANADA, M5H3P5 APPELQUIST THOMAS & MARION 400 LIVINGSTON ST NEWHAVEN,CT 06511 ASPEN ALPS HOMEOWNERS ASSOCIATION 700 UT AVE ASPEN, CO 81611 BAKAR GERSON 1984 TRUST 201 FILBERT ST SAN FRANCISCO, CA 94133 BEEM CORPORATION 3528 OAKTON DR MINNETONKA, MN 55343 BLOCK JOEL A 647 W BARRY AVE CHICAGO, IL 606574504 BRADLEY EDWARD W & JANIE G 3006 S HUGHES AMARILLO, TX 79109 CHASE MICHAEL 450 NEWPORT CENTER DR STE 304 NEWPORT BEACH, CA 92660 CITY OF ASPEN .130 S GALENA ST ASPEN, CO 81611 COONEY THOMAS E PO BOX 4517 ASPEN. CO 81612 774302 ONTARIO LTD C/O CHARLES GOLD 130 ADELAIDE ST WEST #3302 TORONTO ONTARIO CANADA, M5H3P5 ARNETT DAVID & BETTE 5333 N CAMINO REAL TUCSON. AZ. 85718 ASPEN SKIING COMPANY PO BOX 1248 ASPEN. CO 81612 BASORE ANN W 19.2% INT 210 TOWN CENTER SE BELLA VISTA, AK 72714 BILLINGS PRENTICE BOYD 20 ASPEN MOUNTAIN RD ASPEN, CO 81611 BOTT ALLEN D 726 CRAGMONT AVE BERKELEY, CA 94708 CABANISS WILLIAM J 3812 FOREST GLEN DR BIRMINGHAM, AL 35213 CHMELlR FRANK J & SANDRA L 201 39TH ST DOWNERS GROVE. IL 60515 CLAMAN HENRY N & JANET S 1/2 INT 518 RIVER VIEW DR GRAND JUNCTION, CO 81503 CRAWFORD JOAN 12921 BRUSHWOOD TERRACE POTOMAC, MD 20854 ANDERSON JUNE H C/O YORK NEEL & CO POBOX 1824 OWENSBORO. KY 42302-1824 ASPEN ALPS CONDOMINIUM ASSOCIATION PO BOX 1128 ASPEN, CO 81611 BAITLON DOMINGO & YVONNE 612 W 18TH ST PUEBLO. CO 81001 BECK CYNTHIA POBOX 1569 PACIFIC PALISADES. CA 90272 BLACK JANE K 2323 BRYAN LB 145 DALLAS. TX 75201 BOWERS ANN S TRUST 237 COLERIDGE AVE PALO ALTO. CA 94301-3522 CARRUTHERS LUCY MARSTON TRUST 2220 E CAMINO MI.RAVAL TUCSON, AZ 85718 CHOZEN MERRILL A &JILL E 1981 TRUST 3/91 1230 SACRAMENTO ST SAN FRANCISCO, CA 94108 CLARK RICHARD C B & ALEXANDRA M PO BOX 899 OSTERVILLE. MA 02655 CRUM THOMAS F & CATHRYN R 991 UTE AVE ASPEN, CO 81611 DAVIS FAMILY TRUST PO BOX 1909 RANCHO SANTA FE, CA 92067 DILLARD WILLIAM T II & DILLARD MARY A DILLARD DEPT STORES INC C/O PO BOX 486 LITTLE ROCK, AR 72203-0486 FAYEZZUHAIR H 777 29TH ST STE 202 BOULDER, CO 80303 FRANKLIN ROBERT A 3505 WILDWOOD CIR COCONUT GROVE, FL 33133 GALLEGOS J E & FELICE G 460 ST MICHAELS DR BLDG 300 SANTE FE. NM 87505 GRANT WALTER W 841 N MILFORD RD DOWNINGTOWN, PA 19335 HARRISON TRAVIS J & JOAN G PO BOX 19024 " NEW ORLEANS, LA 70119 HERBST CLARENCE A JR C/O RESINOID ENGINEERING CORP 7557 N ST LOUIS AVE SKOKIE, IL 60076 HONIG DANIEL A & DIANE C 13094 REDON DR PALM BEACH GARDENS, FL 33410 JACOBS HARLAN & DEBRA FAMILY TRUST 8040 N LA JOLLA SCENIC DR LA JOLLA, CA 92037 ~ DEFRANCIA JAMES M 58% & CYNTHIA J 42% 17 UTE PLACE ASPEN, CO 81611 DRAKE L RODMAN 104/10001NT 485 PARK AVE #5A NEW YORK, NY 10022 FORD SIMON JOHN HUBIRD & JULIE DERKS 700 L YNCOTT NORTH MUSKEGON, MI 49445 FRIEDMAN RICHARD L C/O CARPENTER & CO 20 UNIVERSITYRD CAMBRIDGE. MA 02138 GESSNER RICHARD W & SUSAN R 170511TH ST NE MASSILLON. OH 44646 GRIEF IRVIN JR & NANETTE 36 S CHARLES ST 2300 CHARLES CENTER S BALTIMORE. MD 21201 HARTMAN DOYLE & MARGARET PO BOX 10426 MIDLAND, TX 79702 HOCKER DAVID E & MARY J 1901 FREDERICA ST OWENSBORO, KY 42301-4818 ISAAC JENNIFER F TRUSTEE 13461 APPLE RD WILTON, CA 95693 JANNA INC 500 PATTERSON RD GRAND JUNCTION, CO 81506 r, DEVORE KARINJO & NICHOLAS III PO BOX 03 ASPEN, CO 81612 EPSTEIN JEROME P & DEBORAH R 1900 RITTENHOUSE SO #8A PHILADELPHIA. PA 19103 FOSSIER MIKE W 7 WAINWRIGHT RD #88 WINCHESTER. MA 01890 FRYKLUND ROBERT 2917 DUKE ST HOUSTON. TX 77005 GLADSTONE FAMILY LTD PARTNERSHIP 720 N FRANKLIN STE 300 CHICAGO. IL 60610 GROUP 102 LLC 6400 RIVERSIDE DR BLDG B DUBLlN,OH 43017 HENDERSON WAYNE F & BEA B 39 CANTERBURY RD MADISON. NJ 07940 HODGE RON PO BOX 1496 ASPEN. CO 81612 JACK EVELYN ALBERTA 1 0 WESTGATE WALK KITCHENER ONTARIO CANAD, N2M 2T8 JOHNSON NANCY 0 & JAMES B 3/4 INT 11175 NW SALTZMAN RD PORTLAND, OR 97229 JONES WARREN D & KATHLEEN K 2105 LEE SHORE PL WILMINGTON. NC 28405-5273 KEATING MICHAEL 60 ASPEN MOUNTAIN ROAD ASPEN. CO 81611 KNAUS ANDREW & FLORENCE M 2775 KIPPS COLONY DRIVE S - APT 101 GULFPORT, FL 33707-3939 LATTERMAN EARL M & MARILYN S 1230 SQUIRREL HILL AVE PITTSBURGH, PA 15217 MADIGAN PETER CIO HEAL THCO CARE CORP 20301 ACACIA ST #150 NEWPORT BEACH, CA 92660 MCGOVERN PHILIP C & MARY ANN 30 OLD PLANTERS RD BEVERLY. MA 01915 MEYER CHARLES T III GRANTOR RET AN TRUST 8804LAPALMA LN NAPLES. FL 34108 MITCHELL GEORGE P C/O ALAN P VITALE 2002 TIMBERLOCK PL THE WOODLANDS, TX 77380 MOSES ASPEN VIEW HOMESITE INC HIRSCH LEON - C/O ONE GORHAM ISLAND BOX 9 WESTPORT, CT 06880 PEARLMAN DANIEL L 2714 FORRESTER DR LOS ANGELES. CA 90064 r-., JUDD ENTERPRISES INC 21 S CLARK ST #3140 CHICAGO, IL 60603 KENNER JEFFREY L 720 PARK AVE #6-B NEW YORK, NY 10021 KOLMER DONALD E REVOCABLE TRUST 5 B EISENHOWER CIR JACKSONVILLE. IL 62650-1737 LEWERANT FAMILY TRUST 5945 RUTGERS RD LA JOLLA, CA 92037 MARZIO FRANCES & PETER C 101 WESTCOTT #1702 HOUSTON. TX 77007 MERRILLS DAPHNE THE EWING TYNINGHAME HOUSE DUNBAR E LOTHIAN SCOTLAND EH42 1XW. MEYER HOWARD W 2660 MIDDLEBURY LANE BLOOMFIELD HILLS. MI 48301 MOEN DONNE P & ELIZABETH A 8 CABALLEROS RD ROLLING HILLS, CA 90274 OTTO GERDEAU CO 82 WALL ST NEW YORK, NY 10005 PETERSON JACQUELINE 640 LAKESIDE DR HINSDALE, IL 60521-5111 t"""\ 7 KAPLAN JEROME A 6001 MONTROSE RD STE 403 ROCKVILLE. MD 20852 KLEIN MICHAEL S PO BOX 626 CORTE MADERA. CA 94976 LAMBERTI PAULA PO BOX 8685 ASPEN, CO 81612 LOWE DEVELOPMENT CORP 610 S WEST END ST ASPEN. CO 81611 MCCLUSKEY DARLENE M TWO COVENTRY CT PRAIRIE VILLAGE, KS 66208 METCO REALTY L TD TEXAN BUILDING 333 W LOOP N STE 410 HOUSTON. TX 77024 MILLER ROBERT & ELEANOR S 3551 CRYSTAL VIEWCT MIAMI, FL 33133 MORRIS TRUST 906 FRANKLIN RIVER FOREST, IL 60305 OWEN BILL YE HOWELL 4544 BELFORT DALLAS. TX 75205 PHILLIPS STEPHEN & BARBARA 900 FIFTH AVE NEW YORK, NY 10021 PINSKY STEPHEN & ALENE 382 DELEGATE DR WORTHINGTON, OH 43235 PRATER BILL GEORGE & MARIE C IRV TRUST 1257 POST OAK CT SPRINGFIELD, MO 65809 RICHTER VALERIE ARDEN 6214 N 34TH ST PARADISE VALLEY, AZ 85253 SALOMON CHESTER B 975 PARK AVE NEW YORK, NY 10028 SCHALDACH NANCY 720 S MASHTA DR KEY BISCAYNE, FL 33149 SCHWARZ JOHN H CAL TECH 452-48 PASADENA, CA 91125 SHIRK JAMES A & LINDA S PO BOX 1549 BLOOMINGTON, IL 61702 SIMUNOVICH JOHN & BRIGID COLETT- PO BOX 47 DROGHEDA IRELAND CO LO, SMITH PEGGY TRUST INDENTURE 525 HIGHLAND TERRACE. BRICK. NJ 08723 STEWART TITLE CO PO BOX 3050 ASPEN. CO 81612 f"l POLK JOHN V & PEGGY J 586 CAMINO MONTEBELLO SANTE FE, NM 87501 PUGH JAMES H JR 359 CAROLINA AVE WINTER PARK, FL 32789 ROSENBERG MORTON 1/3 INT 3092 NELSON DR LAKEWOOD, CO 80215 SANDITEN EDWARD STANLEY PO BOX 11566 ASPEN, CO 81612 SCHIRMER LESLIE M 4100 E QUINCY AVE ENGLEWOOD, CO 80110 SHAPIRO CYNTHIA R GRANTOR RETAINED INTEREST ANNUITY TRUST 5704 DEVILLE DR EDINA. MN 55436 SILVESTER JULIE P PO BOX 2267 HAMILTON BERMUDA, HMJX SINAI ALLEN 16 HOlfvlES RD LEXINGTON, MA 02173 SPENCER MARGARET R CIO DAVID B SPENCER 915 ROYAL ST NEW ORLEANS, LA 70116-2515 TASH DAVID L 40 ASPEN MOUNTAIN RD ASPEN, CO 81611 n PORTER ROBERT A & CHARL YNN MAXWELL 611 PARKWAY STE F-13 GATLINBURG. TN 37738 REICH MELVIN L TRUST 4609 SEASHORE DR NEWPORT BEACH, CA 92663 RULY HOLDINGS PTY LTD PO BOX 739 BROADWAY NEW SOUTH WALES AUSTRALIA. 2007 SAVIO GEORGE 2600 CARDENNA ST CORAL GABLES, FL 33134 SCHNEIDER ROBERT C 3003 SONG ST AMARILLO, TX 79109 SHIRK JAMES A PO BOX 1549 BLOOMINGTON. IL 61702 SIMMONS FAMILY TRUST 2500 TORREY PINES RD APT 1203 LA JOLLA, CA 92037 SMART EDWIN J TRUSTEE 74924 COUNTRY CLUB DR STE 150 PALM DESERT, CA 92260-1969 STANTON ROSAMOND L TRUSTEE PO BOX 280 SANTA FE. NM 87504-0280 TAYLOR WALTER & SHIRLEY 39.296% PO BOX 595 BUSBY, MT 59016 TOBEY ROBERT W 41 CHERRY HILLS FARM DR ENGLEWOOD, CO 80110-7113 VANTILBURG JOHANNES & JOANNA 3330 SWEETWATER MESA RD MALlBU, CA 90265-4920 WERNST INC 3526 KOSO STREET DAVIS, CA 95616-6041 t"""\ TORESCO DONALD M 170 ROUTE 22 SPRINGFIELD, NJ 07081 WATCHMAKER TODD A & LINDA L 4527 BRUCE AVE MINNEAPOLIS. MN 55424-1122 WINKLER REVOCABLE TRUST 840 LOMA VISTA DR BEVERLY HILLS, CA 90210 t) UTE CHALET INC PO BOX 1284 ASPEN, CO 81612 WENTWORTH STRAFFORD 15380 KITTRIDGE RD SARATOGA, CA 95070 WINTER COLORADO REAL ESTATE TRUST CIO ASPEN ALPS PO BOX 1228 ASPEN. CO 81612 ~,"-"" . t) rJ CITY OF ASPEN PRE-APPLICATION CONFERENCE SOIll/MARY PLAL"INER: Chris Bendon, 920.5072 DATE: 11.30.99 PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: JL ~~ 'j / "-i ~ ( . Aspen Alps Planned Unit Development Alan Richman Aspen Alps Condo Association. Pam Cunningham, President. 2 Step. Planning and Zoning Commission, City Council. Redevelopment ofparcel2b as a parking garage with tennis courts above, laundry facilities and maintenance shop to serve complex, and employee housing. Ordinance 31 of 92 approved the Subdivision of the Aspen Alps and restricted further development on parcel 2b. Amending this provision cannot be processed as an insubstantial amendment but does not require a new plat. Planner recommends combining Residential Design Standards waivers with PUD. Proposal requires the following approvals: I. Amendment of Ord. 31 of 92. This will be reviewed as a substantial Subdivision amendment consistent with approved plat. Requires City Council action. 2. Rezoning to L TR - either parcel 2b or additional lands. Possibly entire complexif appropriate. 3. Planned Unit Development to establish dimensional requirements. Planner recommends combining conceptual and final reviews. Planner recommends combining Special Review for AH parking with PUD. . 4. Growth Management exemption for AH. 5. Subdivision for multi-family development. 6. Residential Design Standards Review. Planner recommends appeals be considered concurrent with PUD. Land Use Code Sections: 26.710 LTR Zone District 26.445 Planned Unit Development (Ordinance 35.99) 26.480 Subdivision (for multi-family development) 26.480.080(B) Subdivision Amendments (consistent with original plat) 26.310 Rezoning to L TR. 26.470.70 Growth Management Exemptions for AH 26.410 Residential Design Standards 26.304 Common Development Review Procedures. Review by: Staff for completeness; Development review committee (DRC) for technical considerations and referral comments; Housing Authority (or Board) for recommendation on AH Exemption; Com. Dev. Director for recommendations; Planning and Zoning Commission for PUD, Subdivision, and Rezoning (PH) City Council for Subdivision, Rezoning, pun, and GMQS Exemption (PH); Vesting is automatic and initiates after final approval. Yes, for meetings above noted by (PH). Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, Public Hearing: .--"'. !; ~ () Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: county, municipal government, school, service district or other governmental or quasi- governmental agency owns property within three hundred (300) feet of the property subject to the development application. Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Streets, Building, Holy Cross Planning Deposit Minor ($11 10) Engineering, Minor ($160); Housing, Minor ($160) $1,430 (additional hours are billed at a rate of$18S/hour). Fee schedule is subject to change. To apply, submit the following information: I. 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 ofthe 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. 30 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+S; CC = 7; Referral Agencies = Ilea.; Planning Staff = 1 7. An 8112" by I I" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 10. List of adjacent property owners within 300' for public hearing. I I. Copies of prior approvals. 12. Additional application material as required for specific review. (See attached application packet.) Notes: I. Planner suggests applicant amend condominium plat and documents after completion of project. 2. Accessory uses proposed (parking, laundry facilities, etc) do not require a GMQS allocation. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right. ~ ..:~"":,.~"_.. , I""'; ) "1 , May 5, 1998 Mr: Alan Richman Alan Richmari Planning Services PO Box 3613 Aspen, CO 81612 . Re: Aspen Alps ASPEN . PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Dear Mr. Richman:. In response to your March 18, 1998, letter in which you request direction. on a few key issues related to development on the Aspen Alps property, I offer the following comments and suggestions: Zoning. With respect to the accessory use or structure definition, you highlighted two phrases of the definition and summarized their meanings correctly. The R -15 Zone District does not' . list 'multi-family buildings' as a permitted or conditional use.. This, however, does not preclude the development of an accessory use or structure which would otherwise be . permitted if accessory to a permitted use. Ordinance 31. To clarifY the statement in Ordinance 31 concerning the development of major new recreational faciiities, re-building of an existing tennis court would not co~titute development ofa new recreational facility. However, the conditions of approval preclude recreational facilities in addition to those which existed at the time of the Ordinance. ' This Ordinance. also precludes the developmimtof additional floor area, bedrooms, and units on Lots 2a and 2h. The City Council would have the authority to amend Ordinance 31. However, due to the litigation which followed this Ordinance, staff would not encourage the Council to take such an action. . Parking. The L TR Zone District does list commercial parking as a conditional use and the . accessory use or strupture defiiution does allow for an accessory use to be developed'on contiguous lots under,the same ownership as the principal use or structure as long as.the aceessory use would not be otherwise disallowed in the zone district in which the principal.use is located. A parking garage might be allowed on the 2b parcel to the extent in which-it is accessory to the multi-family use. However, since parking for the existing structures is currently provided, staff would question the appropriateness of providing additional parking. . A commercial parking garage can function independently from the residential use and is therefore a principal use. A commercial parking structure may only be developed on a . lot which specifically permits the use. However,! would suggest thata' commercial parking structure would be more appropriate closertoAspen's downtown regardless of 130 SoUTH GALENA STREET' AsPEN, COLORADO 81611~1975 . PHONE 970.920.5090 . FAX 970.920.5439 Printed on R~C)'\:!ro P~pe-r , j; 1""\ , n f the zoning. Furthermore, staff would question the appropriateness of a commercial . parking facility given the infrastructure limitations and the commnnity's stated goal of limiting additional auto tripsto and within the City. . Process. To the extent you wish to pursue,the development of a parking garage or affordable.' housing, it may be worthwhile to bring forwardYou.rideas with the Planning and Zoning Commission during a worksession. These meetings are not public hearings and are non- . binding. This may give you a chance to fully understand the nature of the commnnity's concerns for the site and the land use processes involved. For actual development, a Conceptual and Final PUD land use approval would be necessary. PUD's are reviewed by the Planning and Zoning Commission and byCity Council. If the application is thorough and a second review would be redundant, I would propose a consolidated review by the Boards. Commercial parking in the L TR Zone requires conditional use and growth management approval. Housing would require either a growth management allocation or an exemption. Affordable Housing may qualifY for an exemption by City Council after review by the Growth Management Commission. More than two units of housing constitutes a subdivision and requires review by the Planning and Zoning Commission and final approval by the City Council. Many of these reviews may be combined. Depending upon the development proposed~ staff can provide a summary ofthe submittal requirements and review criteria for an application. The foregoing opinion is advisory in nature only and is not binding on the City. The opinion is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate.. The opinion does not create a legal or vested right. The City encourages you to consult with your personal attorney or representative. Very truly yours, _...~ ' Stan lauson, ASLA, AICP Community Development Director City of Aspen cc: John Worcester, City Attorney , \ . , ~', ' >, , . c _ 't') ,.1'~ (""; . ~~ '?<~. ..: , ' '/'?~ S~Cu ", -,,> -,' " ," -;.. """.r_ t:~ si,s A~,'~KI612'1'~1ew (97()) 92~-1125 "',, ,,-,.; .~" ' March ui, 1998 . Mr. Mitch Haas, Plimner . City of Aspen . 1:30 South Galena street ASpen, Colorado 81611. RE: USES BEING ExPWRED 'BVTIm AS?Ej\T ALps v ' . ,',,: :\<<..:',':'" ,!',-. .,:.~">f<:,:"" ," ,:":j- ,- , Dear Mitch, ,',-,., , . ',: ,. - '~ , , ',-, " _' " '"'''' " :':' '''" ~,:",_"""<~,'-i>:,<::,, .:',,' ':,,:,_ _"",'_':,";:''':,>,i'',.'''':-:''",''''",':'<'\" <_," ,_, ", '-"_~," _,': _',""',' .':' Thank you for meeting with P~m :Cu~~ingh;m, 'N'ic~ McGrath and me on February 27 regarding the Aspen Alps. The purpose of the meeting was to provide you some background information on certain uses that the Aspen Alps Condomfnium Association is curreritlyexploring. We reViewed several issues associated with these uses and sought your preliminary input on whether these uses 'Wouidcomply With' underlYing zoning and whether we would be likely to receive staff support if an application were submitted. ' ," ,.. - , '0;".'", 'j' , -, " ': ' ", :,- "':':," ."'>--' -_\:'~,/J~,',~_"",.,~':':':'" :"'-'~":',:'',./-'i'<':':':i><'-, _-". ,:,,- " )':-,,:;~<, ,>."',:,'>',:",,:: '>'~F "j:':'>,:",,':',;.': We recognized at the timethat some of these issues are relatively complex and woi.M need to be further described in Writing, so that you could discuss them with other staff members before~an opinion is rendered. Therefore, the purPose o(this letter isto provide you a written summary of our proposals (fourid on page three) and to request that you provide us a formal interpnitation of certain aspects of the Aspen Land Use Regulations. "'",',,', " J' '~_ '.'_" ., -, : ' " ' ~ -' -" -', " ", " '" ,,-,,' ,'- ' " ,:"," , ' '-",', ",,' ,," - - . ", ' , ,', "~:' - ":: , As we mentioned to you at the me~ting,inpursuing these uses, the owners do not want to '. . .' engage in a land use battle with 'the City. If theCiiy views any of tl1l?se usesa~ .' inappropriate in the location we are investigating, then we would prefer to drop that part of our request. On the other haM, if the City views these proposals in a positive light, then we would be interested In formally applying to develop them. '. . , ~" ~ Background .', ; The Aspen Alps is an 83' unit ~bndoirtiriiumcoP{plex rbcated at the bas~ of Aspen l\1o\.int~n. Seven of the eight buildings in the complex were. built in.the 1960's.. 777 Ute Avenue was built in 1990 and became part of the Aspen Alps. Atta~hed is a layout of the complex. , " '>-, ,','" ',,' _ ': :'-,: ":,:::,- "'<,, ',',' (.. ',',:':":':;";"~-':,'_::_'-t:;~,::_::;~-:'>;.>,:,:'?\"~'::';:',:',"::-':"::__;'" -',,:,", ":~"",',: ,_'~:: \''- "'~"'"' There are several diffident zone districts that cross the ptoperty, as' follows: . . . : ;;" t.. "'.",,' _ , ",", ,ie"~ __ -" , ',~" .," ~', "~", ' ,_:,' "~;', ,j'/' ,"", ,,'..~,", : "',-;':" ;-,-c' .'. <'. Buildings 100,200,500 and 8bOa~d1Ti]Jte AveIl;;earezoned L!rR. '.' Buildings 300 and 400 are zQ~ed YR~ 15/PUD. . .. . . . . . Building 700 is roned Conservation. . " " ' ",,--, 'i/o"- ,'!,';'" _': '":'..; :,:. '. .',,-_.: ,;e,>" '.f"", "Mr.'Mit~hfIaas' ;'. . Maich 18~ 11m ~ageT~~,. .' ,~;.;, ,.' '.,~<,~: ....,. "," '>.' '.. . . ..... ' . . .... In 1992 'the ASpen AJpssubmitted ~ subdiVision applicaiiontothe~ City. bn~' of the primary' . . .' purposes' 6f the application was}(ja,lIoW the Cond<:mliriiurri Association to obt?intitle to the' . . .'" . :,are~ sriijbundlng the 300,4DO, s6q and 100 fnlildlngs,which had beery retained inbWriership . . by the orIginal developers of thecomplex,Mr. Mitchell arid Mr. Bqrriefel<L "', ' '. '"<.' :\',':-':;'~;?:' ':"r:~:':<,.:::~,,';". "~'~,~ '- .~, ::~::;,'.:.<:, ~. :': ,:_,~:,::,:. .i," ~:;?:..~~t;}' ,:';'/~'.~;,,' '\'~>~~~~;~~:,,:':;'\:,"~J":;':,', :;>:t-:';; "; . .~.::::)~, y:~,'_~' <~,::"~'~~.' ( -.' " \. __~, . 'As .shownal} !hi'accq~1Janylngpla't; thr~~ fats: ~efesre~tedby thtapplfcation.. . I..Ot2. ,"CijntainsapproXimateIY 1.028 ilqes (44,780 sq. ft.): It coritains a small single 'family uriit, , '. which received8(j40'.G~~enllne approval to be redt'lyeIopedas part 6f'the application. Lot" . '. . . ',' 2A ccint~itlsapproXima'tely2j65fli:res (98,66~ sq:ri) Itrepresents the hind surrounding '" . ~ the existing condominium. buildingS and it is currently vacant. Lot 213 cOlltains approidinlltely .'0:811 a'creS (35;327 sq. ft.).' ltis pres~ritly improved with' the Aspen Alps tennis ccmrts:'. . ~" ,",',",,~'.,;'.\:.>:, 'j'", ' . :'; .'-,> - ," ('::'i:',-'- .",':~';."1"~ ;'-::'>:'>:'<"-'\."":','/;'--;"'~.'(,-<,..;;,>--,>,J.,,,\.:::;'<>!.."~',',,'.':1,;<"-:"<').>. Th~ i{ibcii~'~j~ri appllcafion'was ap~;ovedbY ~he AS~~;;cit;:CotinC{ip~~s~a~t tbOrdiTI~~c~ .' :31, Seriesor'1992. rncluded in that ordinance was the folloWing condition: :>~<:!")~' i, <'~"':: ,: ,)'" . ':~':,' > ~"':t':.,:,"";:, :;')"~.:,;,:-~~:;;,> ;~:~ ;L:, 2L~:~'~;::~~~/<:::!.,:,::, ':';',. ," ,~~,>/: '~~:::::~:J,'::i-;X:::::'<'.:'. ~,,;:K~;: :; :~-':;,:~. ,.~,(. ';,,':.,~ :' ^, '::.' . ::"Simultane04s with the recordation Qfthefinal plat, Lots 2A a:~d213shallbe .':cdnveyed to the ASpen Alps CondorninilllIl AS~oCiati()h subject to ,deed . . :cie'~triCt:ions in fay-or. and for, thebe~efii otihe {:ity\o( Aspen perilraneritly" . . ...... ;. \:jp'tohibfting C anf fuhlre' develdpment of sala lots, II Further development t~haIl .'. . ;c',ii,;include the applicatiori'orcr~Cliting of the Jots towar~raadition~i lot area for ". ". ""i!o'orarea;bediooms and 'density purpdses for all existtng apd future Aspen .. ., Alps Condominiu'tiiAssociation bui1dings. For LOts' 2A and 2B; rurther . '. .,' '" " ',"', (_ , N "', ,..,. ., '~"',' ',~ \"""H ..' "'J' _<'".'" ,..". , " ' . . """, ' . .' development shalf include addItional floor are'a, Mdrooms and density or " major ne\yi~cf6iiti6haI faCifi'~,es such astenriis' Courts and s\Vimming pools..." '. .,' ,-::', ,',:"/ :\ '~.~.~ ~.;',' }.:.; ~'.:.~:'1' ;" ::~, ::,:.:' :.:~:;~.,~~.':'~,"(~::.' <~'''';tY' '~'~" ~ r:;::,<:.,:'h:>::,;'~~;":: :;. ~~~':>; i'::~':;.;:': J;~ 3;: :~~-:.-..,<<:;~::.~.;< ~'/ -::,;:;,~,,: ~ :';' ,.:, ;.~ . ~.,~.:'~.. , , . , The subdivision agreeinerlfprepatec,I by the Alpst6~ comply with the c()J:lditions of Ordinance . " 31, which was recoidedin conjuncti6f1'wlth:ine plat contained the follo~rig restrictions: -'. "..'.- .:~:, ~'-:~:.:;.~t:..".;;::~.~.~, ~';:~'2':~:'.~'~~~~~:' .~,;";,:,..t~::.:~.:;""::>,.f?~'..;..~_.:. , >,;'.';.;:~. :: ,^:\t,':~~> .::', ,:'.':,:L?,:: ':' :.,;" ;. ~ ,'~ ,: > ~ :',..".,:.< '., '"" > < t1Lots2A an(2B 'onhe ProjJertyarehereby restricted provlsipns or 6rdina~ceNo..31 a,s follows:' . .," , <. -.,' ',' "">':,':':'~~/~':';~"J; ~~:. {;.~":~.~~ ~':~':'.,;>~(;.;'~""~,, '.~; '~~:;'L', ", > ',:';':"'::~:'>:~!;i, <,> : ,_(;',,' ~.' ~<~.' <'"~ :,:; ,';: ':' '.:'" '. ':.. ,', <'''. _, .' .'.The flooi.aiea:bedl:aomaD:Cl' denSity attributed to Lois 2Aand 2B' .. .' v 'shalln()tbe.~tj]iz~d~byipe Aspen Alps C?~dCJminiurrilJnit~~sts'for' ..' ,'.' .... .. 'purposes of mcreasmg the floor area, bedroom number or densIty of : '. existing or future l\Spen Alps Condominium, Units; . .. '. '\;;-:"'" .\~<~> <,' ,\:_':'r:':"f~J?"';:'::','"~:;:'~,";~',~'t,..:""~,,,,;~>..;";;' /''.:'"~'"'-''' i".">~~l{'" No furth~i d~v~lop;ne~t or a(jciifi~~allot area for Door area,b61lrooms .. ...... and addiiional.density pi major' ne'wj'ecreati6riiiffaciHiies such as' '.' tennis 'courts'andswiii)ining pools shall occuf.ortsaldLots 2A and 2B''. . ,,;'<., ~'I '..", "'~",;:'.:."'>"',_,':,~~~._'\''';H:;:~,<".>'~;~,:;:>~" ,,, '''.' ,:~':,:':.""',':~":~.::<':>!.'; ,:~~,~,.">,.:.,..,, "~';'.c"-' ,.' ... Attached is a)eti~rprepareClby 'Le~he Lamont, the pl~nner \Vho handleCr this. case 'Wi-tlie. .' .. '.. . ,~.,CHy,exr:ilaining ~er understid'iding ~f.ihelii11ltatioris of Of~iJ;1a?ce 31, for ypur consideration. ._~~.d),.. ,," ~:;i!~" .: :-J',:~:'^^-/,:;;'.~'''';:'''' " ',. ,< :./,"~: ^('"_. ,..,,> .,', '.,,>,':,""', '."" , '."." , \; ''': . "';, ""-'. ~ .',. . .' ,,';; 2. " . .~#:~~. . ~.4...' " ,'- ".',':' . "'., ,\. :'~ ,",,'. '\;'~'~"~"" '. I ;'i'.. '. "', , '.'. ,<:~'''''', ' "", "", " ,.:" .,', , '. '. ,The Aspen Alps is considering 'the possibilitY of appiYing for certitinuses .that would be built . /subgtade, beneath reconstructed tennis courts on Lot 2B. The proposed uses areas follows:' · . ,\....",'. ' ,. " '.' >/":,;>,~:,;:<".l"" e.'" "~".;;;,;"",~~',j .. n_..',: :r"" ,()"," ,,_..,',- " .",:' c. "'t" ' \,' , , . ) "'" ,- "" " ," -" ',,,'y,',.-, >,.1>" .'". ..>:: .<"', f.> ',,' , -:::,;"'>.: ,. ,':, ~,,:''''~:,:',i' ',,'. . As we discussed quring 6Urmeefing; the~e' are several iss.ues on which we need 'to receive . ,formal City 'of Aspen determimltiol1S. T~eseare as follows:, .. ' ' ., , . .,-:..,~ _ .',',,',,-"..., e<,""i._,..):'''.o~': ... -::;',~.';::.;J'-<\~~~."':",:",,:,; ",-",:_',,,,"::'\'i',' >:>,,":'" ~ ~,.-. ";~ ,I. .' 'Zoning. Lot'2B is zou'ect"R-15 (PUD). Thiszon~ di~i:rict' dd~~ riot list "multi-family dwelling units" as' either an allowec(or it conditional use. However, it does lis! "accessory buildings anlfuses" as,anall~~e~ ns:.:,!~',;::"',":., .,;'~:.':~"/:, .... .:,. '<~: ....,. We believe. th~ !ievelopment ora'parking structure (for use, by Alps owriers only), . malntenii&e facilitYlmd laimdryfacility (also bothf6iAlps use only) wouicfqualify as access6ryus~s 'to the Alps; based,onihefollowing definition fbuild in the ASpeli'Land Use Regu)!!tioIls: .' ,.'.. " i : .' '. .. .... . .. . .' '. . " '. , ,^ ~, " J"' . "~'i' ' . " " . , " '.':::., -~..; '~ .' 'I ; i :.' ,: ':,; .^~ . L Mr. Mitch Haas . " March 18,1991 ..... "Page Four' . ..,' .' .' ,.' .'.~ :.'<",.'.("1.....::'" ./, :.<':'~:~.':.+'.:..,,',. '.' , ,:"!,"'i,;i., '\~'~::{;'~"" ';<" :'.,': . >""".", _,,",",".: "Accessory use or access6ry struCture means a use orstructute that is natUrally and nonriaIly . ;."" ~ ',., H'. "',<' " " .', '; ',' .. " ." ...., .,'_ ".'" _"''-'''',"' "M""",'" ,'" ~." _ _ ,.'> , '. , , '., . , , mCldental to, subordmate to, and deyqted primarily to"the principal use or structur,e of the . . :,< . premises; does not charige the basic chaiaqter of the premises; as determined by its principal'. .'. .'. use pr'8truclure; IS subordiilllteInatea', extent and purpose tOthe principal useot structure . .sdi-ved; and'is located on the same'Iot or'contigUous lots under the same ownership as the '. '.',c,.,_, '^c,,"'. "'-S<"-^"~'''''l;',f,-""""'',_,~<,-\j~';_,~.""",,, _, '_,.'<_,/"';,~,^,'<",~"_,,',,j,,.",',,' "," . .,".". '. . .' ':.'principal use or structure. Iii no event shall an acces~orY use be cOnstrUed t6~au.thorize a '. .' . . "" " . "...-.'. "". " :,</.: >. " .1" ,',',' '-''''''', '. ",' -,',,,"';' " ~'\.,.' _, "" , ,') ..' " , ",' " .. ' ^u.senot ot~erwise permitted In the Zone dlStrictin, which in which the principal use is . . ,.', '" ,..,' d' R,',. '.<<' """ " ". ,'. ",' y. ,.. '~.' '....., ,', (. ,.,\. 'l '_"'." "."' ",'" ",',' located .and in no evel1.t sh~ll an accessoryirsebr structure. be established 'prior' tp the '. ',"".,,' ',",,>.,.., ~ ..,,~." '.,- "',,;"".~ \\." " ".. '"1,,.', "..".._',^,_.>..' ~ ""'. ~' . : principal use or struCture to which it is accessory.' Accessory buildings or struCtures shall not . ". be proVided wlthkitchen or bathfacilitfes sufficient to render them suitable'for pennahfmt' ; ,-; . . " ~,-,' q '.-' \,. ",-'- . '. <>.',-' . .' ,." '. ,- , -. "'" , "-' . - " . ," , - residential oqcupation." (emphasiS':'ldded) . ,... .... ';"", '-', t.:~' "~~'--'-," ~\_~ "~' _ 0""", '~-: '-'" ~N~"~' ~''''i-o,,~'('' ~~ ',^:, _' "", '~; /~'.h,":' '~.~'~ The above pefinition'provides two key phrases (which I have liiglilighted in bold) that would' appear to 'allowus .to apply for the:proposeduses, thesebeing:" ',' '. , ' - ~,.' > ,_;.",. <" '.;', - -,~,:: t;', :;'''<,~;;"~>~/' ': :.:(' ~/ .,' ',: .',. ,(;' "":~'_; , ,,". "':,:'<':,' ;> . ': < ::_~"" :,~ :,~. ,:< .:..,:",.' :::>> '<' "~_:. .," :., ;.,: '~;,~.': ;.~. ~.:_ . ...Thl'J ~ccessory use neednO(be located on th~'saine lot as the' principatuse; itcah be ':. .:rocated on a cohtigu6us lot iinder the smne 'o:Wt:terslilpas the principal use. 'f.e ~.. "..' '; , ,", ~ ", -,.,^" ,-, ,,- '" """ '. ... "-" "". ff _ ., , . . _ , ," ' '.~1:;b;~i~iti~~~~~fit~i:~j~~J~i~~;~~d~{I:::t~~~~~~2~~~~i~X~e1~2"~ . . dtstrict inwhicli thepi'incipal use is tocat~d: '-.'-; <7 .. .. .. . ';.' ." "":':":, ,~i: ,.I';'"'i.<':' '<". ,,;v",:,,:._,-:~:;:"; .,~:~_":,_":'_:''-:<:::. ,: "'_'__"~'::"::'" '"..'Y<'~'~:;'_" . ". _, WehereB; 're~rie~~'ih~{' pursu~rtt~6S~~.: 26.i126itheAsp~~ t~naUse i~eg~latidns,the, . Community ,Development Director proVide us it wnttenlnterpretaiion of whet.her these uses ; . .... would De coriside~e<;l accessory uses forwl).ich we c~n apply, 'pursuant to, t~e provisions cited !lDove',' ........'. ", .....'...' .. .... '.::" . ,;"C' .',.', ; ..... . ..... ..' '"." : i"'" \.: ":'('~':.<,.,:,~.:::_. : _,"" :' ,; ,'),,; ;:->> ,_",'.i"",'j_"";~'}>:'j'~":~~":::~:~':'~~~'::'!:'-;__>':'/~:'<:~~("".'" ,"-..^^:". ',' 2. 'Ordi-;}a'nce 31. Ordinance 31 prolliblts'theASpen Aips 'fr~rriu~ing'thelarid area of . Lots 2Aor213 to il1crea~ethe fl60r area, beafoori1~umber, or density of existing or future " Aspen Alps'C6ridominiuiri'Unlts; or tb' develop' major. new recreation~l 'facilities such as' '. ". , . . tenniscouits arid sWi~rning po01s on'said lots: The City;stoD:cefu' in esta'Qlishirig this' . . condition was to.limifthe Alps unitsihe~selves from gio~iigiirsiieori~creasiriiin number from this additional'land; andfo' avoidcovedng' the openlaria With ire~ 'buildIngs or' recreatJ6id'adiities; ":'!::<;, . i\"': "'.:' ....... '.; .~. '", , '.,' ,;../< ',' '< ;. ~'.,:' '.";',r;;,:, ~.>.,. "'. .,':': .\Iii~ "~~',, .' ':, ':';'o/f);'.," ,,:";,~ ~>-:^,,: ': '" ',,'!""';';2':~':"< :C'::t- ',. ,:', <':<',:/~: \,;": '. 'r: ,~ '.' , . If the City felt that affordable hOl,lsing was an appropriate use in this location, then we might propOse an amertdillent'W tqe pdor approval as part of theapplicatlon we prepare.' The amendment would pr6pbse revisions to the existIng restrlctioI1s inOrain~nce 31, to allow.: afforcl~ble 'hoiising .units to be developed. We would also wallfto Clarify the language of the." . . I ordInance to state that re~Duilding the existing tennis courtS ori'Lcit 2B W'oula riot constitute., ., development of '''major new reereatignal faciliti~~":Please let us kn6w whatthoughtsfhe ". ..' City staffhave.:on'how the limi~soq?rdi~an~e 31.would apply to our pruposals. .. .. " ., . ~:;'i\~':;(~,~ .,," _.." ,', ' '^". , "'",'/ .. . '(. ;.,,' ""e.'" . ~ ",' "., ,', ":'. :,"~':';.\ ".';"i,.,,',.,.. ~.,:..,~:f",ir; ';"'t..';,.", .': ",',,~ ' ' ,.; ,,",,'." '<'~'~"":. , ',i<,.'-,,~,,':.' ''c''_'_',,;;,'", . ".3. ..;Parkillg. . Xi nqtedabove, tp'e parkfngfacl1tty could be designed to contain 'ehher6ne ' . or ~() levd~:. V{e s~ekstaffin:put as to wIiether a. cbmll1~rcial parking facnityin this .' '. .. .. . , . I(jcation would be.viewed as meeting a community need for parkingorwcnild oe:&een as . haying, undesirable impacts ont4( neighborhood. If stafUelt this idea is worth pbiSuirig . ...:ruither,then wew-ocld iI.lso need'your opinion on whether we are authorized to apply for ..,:this u~e. The tlrR z~ne'C1istri<;t li~ts i:6rn11].ercial par1dnga~'acondii{on:aluse. Does this , ,;;"iistlngpr6Vide the legal authority for the Alps to apply for thi~. use, based gnt4e 'language- . . .' :We, sited above regarding acces~otYlises? ' . \.< . ,<,~> " , ,0<, .<;( i :'::';~:~:'::~~"'>'i':~'~-;,:,/;.~;>:~;;< :"."I:';J "', 'r.,' ~ < I l' 'c ., ~ <. 'f' ~>- 4: . ApplieaiioO''P'roeess. We would appreciate it if you wouid advise us -as to tne process . . .by which this application WQuld be heard. ,Since the property is zonedR~15 PtJD, we '.' . assume it wQuld require pun' reView. p~iing6ur meeting, it WaS. s~ggesied' this c(juld be . , . nandled asa cOtlsOlidated PPD or as 'apUD amendmerg.' Pjease 'provide us a stliff posiHdn " .' . on ihis and idel1tjfyany other procedures (GMQS ej(emptiori for l)ousing,conditional use for commercial parking, etc.) that would apply.'. . ..... . , .~.. . ..... ',:" .,: " ^.,.~i.~~":-,""'" >~,:,:,<,,~,;;~,;:t/,'f ~::~~)~':.,:' .:,"<,.'~.,tj'\:'"::>:<,::'y:\:"',\',,,,', ,,' J' ,:,'~',~-,:<':~~~; ;...~::'<<'". <i.: '<....j'.....::J,::.:. " '. We very ml1ch.appreciafe 'the Input thatyoti have provided us" so'f~r and your~onti~~ing'" a.ttenti.on to this mattei. :' ' j' ''i. " ',0' <,> OCT -,r; '" '0'0 1~' '-'0- I"'r-'. H- r..-, I-'LI'''- ::,.0 I I . D ., '.. '::'~""','~ .-=- I:"" ,., ~.~~ ... ~ ~ ... M ~ ~ '" ~ ~ ~ ~ " .. v ." ~ .. 0 0 ~ ~ ~ 0 tt. e '0 ;; " ~ ~ " .. 0 v ~ - ~ " " .. ~ " ~ ~ 0- " ~ < 0 - tt. ... m .e ~ ~ ~ ~ = .- k~ 0 '" ~ !: '" G 1)0\ ~ "'- yo << tJ'L e"" ~.,...", ~ ,- ~ ,."; ---- it'! ~';'I' ":.1,.'...,:'.'.... ' \,~'" :' ~" . ""li!. .... "'j;1 .f2. X~~rd! ~ .. " q''''''"j <::(::',"1 '-''=:'''.;:'0 oln r,:.......11.j.)L\ ~ I _ ~'-. c:..,.l<;.'J _ '. .;:...... . .... ~ P.Ol ___ u_.. ~~=~-=:==~==...:.:...:.:: ~ "I .- l..JlS 8UPQS ~'"os l."l _ ~ M N 1"( ll\ ~._*~~ ~ . i---__J L _hl ,... ~MJ)S ,(PM O)tJo ~ ... v <- 0 ~ " ~ N N In r. " M :s 'll " =' ;:; " 0 J; ~ ~ <; ;:; ;;1 ~ v ::: ~ ~ 0 ~ " 1 .. ~ ill] ;wr ~ .- ~ ,. ~ ~ --- ~ --------...-.._-'",.~- -~~"7ts /our:11.fO (pnoS ~-] "" i ~", .:., '.".:':;?" .1. ..'~.1.."'. :':::';;~:;I:" b~ -c i3~cE 1>(" ..'d."O"'''':-'~~.",~,.....,''_ ...:';~ pooli ~'"oS '<J11t u.qlll~ ~ ~ o . . '" l!i ::> q rn ED ~ 8 k --------- ---- -- .~~ "g. g <3 L..,__J -kflb r:~~( rV1v0i 0~ ;ap,Y0~8 '.. n t"'"\ . July 12, 1994 ASPEN. PITKIN ~t.-\NN1NG ,& ZONI~G OE?'RT~.!ENT Ms. Pamela M. Cunningham Aspen Alps Condominium Association PO Box 1228 Aspen, Colorado 81612 Dear. Pamela, I have received your letter regarding the installation of a trash compactor and pad on Lot 2A of the Aspen Alps. I have also reviewed the SUbdivision'Agreement for the Replat of Lot '2 that was completed in 1992. Based upon that review, which designated Lots 2A and 2B as permanent open space, it is my interpretation of the conditions of approval that the preservation of the open space did not preclude small park-like features such as benches, picnic tables or necessary'functl'onal items such as utility features. Therefore, it is' also my, interpretation that a trash compactor, specifically in the location that 'you have identified, would not be inconsistent with the conditions of approval designating Lot 2A as p~~manent.open space nor is it incompatible with the intent of the n;n approval. , . i / It is apparent from the information included in your letter that some owners are concerned about screening. This 'is a concern of the Planning Department as well. Because the road is also a public access to the mountain,' appropriate' screening is necessary. In aaditiqn, the lqc~tionof th~ compactor, must not encroach'into the public access 'easement and must comply with any dimensional requirements of the zone district. Please revie'N these requirements and your screening plan with Bill Drueding prior to installation. ' If you have any questions please do not hesitate to call ~S2- ,~ Lamont, Interim Planning Director -..,' i: , . cc: Bill Drueding, Zoning Officer ,-'.,- '0'-""-' lJll S""l.'TH GALE:....I Smar . Asm:, COLORAOO 81611 . l'HO.'I€ 303.9203090 . F".~ 303.920.5197 r"""\l,",'",\-r!,,,~,,..,~ c "'" , , , , U'ij, I'" , " L. ' ~~' , <".""..- /~,.'. .' '.... r. t; . "" ,~ , , 1"." ~ L L 0 ''''' t ' 'r" 6,.14 /"! 11<., , !/i'f, ~ ~'4 , ~ "'" r ' 10.;$- M ,,, '1"1 , I i , r. ; ~ "',j f.,A 'l"\, ~" ~,,.j " Ej~l' " 1"1 , 1 >t. ,;'1,,-, ASPENAtpStbN)j5~S~' .) ., ;n"LoT 2Bil' .. i\PPliCATION~F6ii ',-, 'REZONING' . - "~ - >', " I,' -.,,--.:;' . , ,;."'. C01'lS,OLIPATEn PUl? REVIEW SUBDIVISION' REVIEW GROWTH MANAti~.MENf ~, ' . . , , ...." . I . . , .' ",,'~L_ EXEMPTION' ",I '!- '. SUBMITTED BY , FEBRUARY, 2001 ',.,';',1:..,;.,.,'_.,' "j::', ",' I I . 11; . , '.' J f " ! '",. . , ,~ .... f'" ,... ,... .A- " w .... -.:. ~ floiiiiiii ... .1"" ..... ... .... I'" ... """" ~ TABLE OF CONTENTS PAGE 1. INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 II. ANALYSIS OF PRIOR SUBDIVISION AND ZONING LIMITATIONS .... 3 III. REZONING TO LTR/PUD ...................................... 7 IV. CONSOLIDATED PUD REVIEW ................................ 14 V. SUBDIVISION REVIEW ....................................... 27 VI. GROWTH MANAGEMENT EXEMPTION - AFFORDABLE HOUSING .. 30 VII. RESIDENTIAL DESIGN STANDARDS REVIEW. . . . . . . . . . . . . . . . . . .. 31 VIII. VESTED RIGHTS ............................................ 31 IX. #1. #2. #3. #4. #5. #6. #7. #8. #9. #10. CONCLUSION .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31 EXHIBITS General Warranty Deed Letter Authorizing Submission of Application Pre-Application Conference Summary Letter from Leslie Lamont to Pamela Cunningham, dated 7/12/94 Letter from Alan Richman to Mitch Haas, dated 3/18/98 Letter from Stan Clauson to Alan Richman, dated 5/5/98 Drainage Report Prepared by High Country Engineering Geotechnical Report Prepared by Allen G. Thurman Ph.D. Letter from Tom Farrell to Aspen Alps, dated 9/27/00 List of Owners Within 300' of Subject Property (submitted separately) MAPS;DRAWlNGS Improvement Survey Zoning Surrounding Aspen Alps Replat of Lot 2, Moses Lot Split Open Space Near Aspen Alps Site Plan Lot 2B Landscape and Tree Mitigation Plan Lower Level and Upper Level Floor Plans; Roof Plan Exterior Elevations I"" .,,". ./ '^ I. INTRODUCTION - This is an application to develop several uses that would be accessory to, and in support of, the operation of the Aspen Alps Condominiums. The proposed uses are as follows: - i'i 1. Parking structure to store cars owned by Aspen Alps unit owners and their guests; If'" 2. Maintenance shop (for Alps use only, to be located in the parking structure); 3. Laundry (for Alps use only, to be located in the parking structure); and "" 4. Three affordable housing units (for Alps employees). ~ The property on which the uses are proposed to be located is known as Lot 2B of the Moses Subdivision. This property is part of the land owned in common by the Aspen Alps Condominium Association, (hereinafter referred to as "the applicant" for this project). A copy of the general warranty deed, demonstrating that the applicant owns this property, is attached hereto as Exhibit #1. Authorization for Alan Richman Planning Services to represent the applicant for this application is provided by Exhibit #2. t' /~ ~ An Improvementffopographic Survey of the property has been prepared, and accompanies this application. It shows that the property consists of approximately 0.811 acres (35,327 square feet of land). According to the City's Official Zone District Map, the property is currently zoned R-15/PUD. The property is located along Ute Avenue and is improved with the Aspen Alps tennis courts (2 courts) and a small tennis club building. These improvements are situated approximately 15' above the elevation of Ute Avenue, on top of an earthen mound that has been in place for many years. The tennis courts are in poor condition and are deteriorating. ~( r\ A pre-application conference was originally held with City staff members in November, 1999; an updated conference was held in January, 2001 (see Pre-Application Conference Summary, .... attached hereto as Exhibit #3) to discuss this project. During those meetings, it was confirmed that the applicant should request the following land development approvals to accomplish this project: Rezoning of the property from R-15/PUD to L TR/PUD, pursuant to Chapter 26.310 of the Land Use Code; Consolidated PUD review, pursuant to Chapter 26.445 of the Land Use Code; Subdivision review for multi-family development, pursuant to Section 26.480 of the Land Use Code, together with a subdivision amendment to consider a change to a condition contained in Ordinance 31, Series of 1992; ,..., Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 1 I"" ,..., ..-....,! f" " ~ r. ~ i'" "" ... t...'i .r" ... I"'" .1"'\ "... 1"" f ... "" .1"" """ ~, ' I"'" "'" . Growth Management exemption for affordable housing, pursuant to Section 26.470.070 J. of the Land Use Code; · Residenti{ll Design Standards review, pursuani to Section Z6.4IG.040 of the I4nd Use Code; and · Vested rights status for the development, pursuant to Section 26.52.080 of the Land Use Code. Sections III through VII of this application are organized to respond to the standards of the Land Use Code for these review procedures. However, before addressing these standards, Section II of this application provides some background information to explain certain constraints that were placed on this property as a result of a prior subdivision application, along with those other constraints that arise from its current zoning designation. Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 2 ,...., ""-,.... ,... ;',c...j ,,,. ,., [to, ..., I '~ !'-> ,.. t- , ,... -'~ .. , , Ii"" ,... I~ ..... ... f"- II. ANALYSIS OF PRIOR SUBDMSION AND ZONING LIMITATIONS A. Summary of Prior Subdivision Application In 1992 the Aspen Alps submitted a subdivision application to the City. One of the primary purposes of the application was to allow the Condominium Association to obtain title to the area surrounding the 300, 400, 500, and 700 buildings, which had been retained in ownership by the original developers of the complex, Mr. Mitchell and Mr. Bornefeld. As shown on the accompanying plat, three lots were created by the application. Lot 2 contains approximately 1.028 acres (44,780 sq. ft.). It contains a small single family unit, which received 8040 Greenline approval to be redeveloped as part of the application. It is owned by a private individual and is not relevant to the subject application. Lot 2A contains approximately 2.265 acres (98,663 sq. ft.). It represents the land surrounding the existing condominium buildings. This land is owned by the applicant, is undeveloped, and will remain so. Lot 2B contains approximately 0.811 acres (35,327 sq. ft.). It is also owned by the Condominium Association, and is the subject property for this land use application. The subdivision application was approved by the Aspen City Council pursuant to Ordinance 31, Series of 1992. Included in that ordinance was the following condition: "Simultaneous with the r.ecordation of the final plat, Lots 2A and 2B shall be conveyed to the Aspen Alps Condominium Association subject to deed restrictions in favor and for the benefit of the City of Aspen permanently prohibiting any future development of said lots. Further development shall include the application or crediting of the lots toward additional lot area for floor area, bedrooms and density purposes for all existing and future Aspen Alps Condominium Association buildings. For Lots 2A and 2B, further \ development shall include additional floor area, bedrooms and density or ) major new recreational facilities such as tennis courts and swimming pools..." ' \ \Ll':\ cI . OV \# This limitation was placed on the property as a voluntary restriction by the Aspen Alps. It was the Alps desire to obtain this property, to ensure that it would not be used by any other person to develop additional dwelling units in what had always been the open space surrounding the Alps buildings. The land was not open space required by any zoning regulation, nor was it mitigation for any significant development approval obtained at that time. In fact, as noted above, the only development approval that was obtained was the 8040 Greenline Review for Lot 2 of the Moses Subdivision, a lot that contained a small house and was to be re-developed with a new house containing up to 5,000 sq. ft. The only significant concession the City made to the applicant was to grant that approval vested rights in perpetuity, in recognition of the fact that the applicant was deed restricting the rest of the property against further development. Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 3 "..., h,_,,; t'" I '~~<~ r"'> . ... ~ , -'~' I- - -p.-', ~". ...., 1* f"', .... i" ... , ~ ,... , The subdivision agreement prepared by the Alps to comply with the conditions of Ordinance 31, which was recorded in conjunction with the plat contained the following restrictions: "Lots 2)\ and 2S of the Property are hereby resiriciec'f pursuant to the provisions of Ordinance No. 31 as follows: The floor area, bedroom and density attributed to Lots 2A and 2B ~ealln9t?e ~tilized by the Aspen AlpsCondominium Unit Owners for purp5seS'oI increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units; No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities such as tennis courts and swimming pools shall occur on said Lots 2A and 2B". Attached as Exhibit #4 is a 1994 letter written by Leslie Lamont, the planner who handled this case for the City, explaining her understanding of the limitations of Ordinance 31, as they applied to a proposal by the Alps to build a trash compactor on the property. Her letter states that the intention of these limitations is they were not intended to prohibit the development of functional items, such as the planned compactor, but rather were limited to the specific items precluded in the conditions of approval. Because litigation was brought by a neighbor (Ajax Condominiums) against the City and the Alps relating to Ordinance 31, we have the benefit of a determination by the DistncfCourt' that the ordinance did not prohibit the use. of t~e I()ts .for .alldeyelopment, imt only pr?hibit~d th~ d~yelopment of additional floor area, bedroonis, density, or major new reti-eati6niiffaCIrmes, as recited in the Ordinance itself. That determination by the Court is, of course, binding on the Alps and the City. Our pre-application discussions with members of the City staffindicat~ that the proposed us~s\V()~ld n,ot, comply with two aspects ofOrdinanc~3LFirst;'tlieprapose;raffordable housing uniiswill create five additionaloecli-ooms."These bedrooms will be restricted to the City's housing price, income, and occupancy guidelines, and as such, provide an important community benefit. Atf 1:::/ ,- .. '. .,u'. " ',', ,-.,:. ,. "k'._.__ -,',--'.:- '''.,..,..'/' >:'," ,',,''",' ',', .,.... ,,', ",," ..' '~:"_""".'YX'^"""""''-~~'''.''''''''''':c"''''.'f",''':'''''~"""""""".';:~4\'.'jJ\~"""'~:""',:"",i,,:",,:_,.'/. Second, the affordable' housing units and the garage Will add floor area to the property. While most of the proposed structure is located below existing grade and is, therefore, exempt from floor area calculations, a portion of the structure must be exposed and will count as floor area. Based on calculations provided by our architect, who has coordinated his \Vork,\Vitl:1 JI:1~City's Zoning Enforcement Officer, it is ou~ ull<1t:rM<lll<1ing that just ullder 6..5btl's:..t, ot.t.h.'. '.e..'S.t,TU..,. ctu.re.w.o.u.ld. c.oum. as floor area. In addition, ther.el.'s" a..... s, m.,...all. .,t...e...nn.iscl.u. 0 ..', ,"" .........".. .:...........:. ,....,"" ..:,',' "'.'..: :':":""~"""":"""'.:"::'.:.""" :'.:'-''-':'''''',''''':''''''/'':'-'''''''':'';;,':''",''''':'''i..f.,:." ,::. ',.:.'.-'..".,.-'.:'......"<....,......".,'.-.....-,,...,...- .._,~__". '.'.,.,...'..,',.d."...." ...... ..... ........ .,..' ...,,,..... .,....-... ,.,.'., structure orithe surface af fhe property, containing approximately 200 sJ., thatwould be re- built~ Thesear{las \Vould equate to a floor arearCitio of 0.19:1 on Lot 2B. G~ / ~~ Aspen Alps Application for Rezoning, PUD Review, Subdivision, and GMQS Exemption Page 4 .,.... ,... , ..... "'" ... ~ ,.. Fl1 ,~ , ti f'" ,.. "'" ,... ,... , ~ ..~ .,., ~ ,.. rfi J.'^ y )1 B:!,,~ "'Il'\!>,!',!,SiW""';9,,, <ho. 'PP;;""! j, hO"by "9u",",. <hot <ho City ~:::: J Ordluiu:Jce' 31," Series of 1992 as it applies to Lot 2B only, to permit this project to occur. ll1.j~ ~1.1}.elldITIentis proposed to establish a maximum allowable floor area ratio of 0.20: 1 for this property,. and t(J all()\VaIl1~1'll.t)llf pf fiY~ lJ.\l9JO()~Of.d.l.led restrict~ affordable housing to be built. It would not anow 'any free market units to be built on this property, at this time or at any time in the future. The analysis that supports these amendments to Ordinance 31 is provided in Sections III through VI of this application. B. Analysis of Underlying Zoning Constraints The Aspen Alps is an 83 unit condominium complex located at the base of Aspen Mountain. Seven of the eight buildings in the complex were built in the 1960's. 777 Ute Avenue was built in 1990 and became part of the Aspen Alps. Attached is a map that shows the location of these buildings. The zone districts that cross the property are as follows: . . . Buildings 100, 200, 500, and 800, and the 777 Ute Avelluecomplexare zoned VIR Buildings 300 and 400 are zoned R-15/PUD. Lot 2B is also zoned R-15/PUD. Building 700 is zoned Conservation. Pre-application discussions were held with various City staff members to evaluate whether the proposed uses could be developed under the property's current zoning. In a letter to th~9ty dated March 18, 1998 (see Exhibit #5), the applicant suggested that the proposed parking structure, mliim\lnancefacility, and laundry facility would qualifY as accessory uses to tl1\l~ps,since, aCCOrding totpes'l.lfillition found in the Aspen Land Use Regulations, an accessory use is "Ause tPlit is supportive, secondary and subordinate to the principal use of a lot, parcel, building, or structure." Section 26.575.140 of the Land Use Code provides the following additional requirements for accessory uses and accessory structures: "An accessory use shall not be construed to authorize a use not otherwise permitted in the zone district in which the principal use or structure to which it is accessory is located. An accessory use or structure may not be established prior to the establishment of the principal use or structure to which it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation." Staff concurred with this position (see the letter from then City Community Development Director Stan Clauson, attached as Exhibit #6), and found that these proposed uses all qualifY as accessory usesto)heAspell AlPs, and are permitted by underlying zoning. However, the proposed afforqapl~)i9using could not be so classified. This is because the Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 5 ,.... !'i ,.A - ,.... , ~ ;M: ... .... u ~ ... ,"'"' - ... b". I-" .fM'i. f.:; """ ,.... ,.. d'eyef(jpmentofthree dwelling unit~,by definition,iS'rt1{iiti-f~;P;lyh?llsIng, a us~ \Vhich is I1()t pehnittedin the R-15 z:one, district. ,Also, the units Will haveb()th kitchen and, b~th facilities. Therefpre, itisI1ec~s~ary to rezone the property to"~y:~IojJth~,,~.ff()r,,.,!g!~~b.2J:!~!ng; The applicant prop()ses to rezoi1e LoPll t9blf.E,jPUD) I()r this purpose: This is the only reason for the proposed rezoning of this lot. - "'--' An analysis of the consistency of this proposed zoning map amendment with the applicable standards of the Aspen Land Use Code is provided in Section III of this application. C. Other Relevant Aspen Alps Land Use Activity Since its inception in the 1960's, the Aspen Alps has taken the lead on several other land use activities surrounding its property that have been of benefit to its neighborhood and to the City at large. We believe it is important to briefly describe these activities, to put this land use application into its proper context. To help the reader to visualize the activities, the applicant has\V()r~tl",\\'ith the City's GIS Department to prepare the map entitled "Open Space 'Near Aspen Alps", which is included in the application. Several key parcels on the map are labeled, as follows: First, there, ,!re two parcels that were purchased by the Aspen Alps and donated to the Aspen Valley I:a!.ifTrusTis()pen space. One of these parcels is located along the Little Nell slope and a second can be found at the base of Little Nell. These parcels help to ensure that the land along the base of Aspen Mountain remains open, and provide a much- needed alternative way for skiers to exit the mountain at the end of the ski day. The map also identifies what was formerly Ute Avenue, between Original Street and what is now the Little Nell Hotel. The Aspen Alps worked with the City to vacate this street and to improve it into the very attractive pedestrian walkway it is Finally, the map illustrates Lots 2A and 2B, which were obtained from Mr. Mitchell and Mr. Bornefeld and were voluntarily restricted against development by the Aspen Alps. No changes to Lot 2A are proposed by this application, and it will remain undeveloped. The proposals herein would only affect Lot 2B, and are described in the sections of this application that follow. , " f Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 6 ..... ,.., 1"'\ "'"' ;:) .... "...j ~+' . ,\ ~, 1"'f III. REZONING TO LTR/PUD Ih.e applicant proposes an amendment to th~.<.:>f!l~!~l~S!l~..J2!~!r,jst..Map, to rezone tl1~ spbjeGt property from R-15/PUD to lJTR/PU1;l As describeq in. Section II of thi.s appliclltion, the reas()TI .the rezoning is necessary is to allow for the development of the three proposed affordable housing units. The other uses proposed in this application have already been determined to be permitted by underlying zoning, as accessory uses to the Aspen Alps. The standards to evaluate an amendment to the Official Zone District Map are found in Section 26.92.020 of the Aspen Land Use Regulations. The applicant has the following responses to these standards. A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. h. . Response: The proposed amendment would not be in conflict with any applicable portion of the Aspen Land Use Code. ~ ..... ... t: ,.. !"" r- ......A I-'" .fiC". ,..., ~ I"',. A "" - . I .... B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: Some fundamental premises of the recently adopted Aspen Area Community Plan are that: (1) 800-1,300 new affordable housing units should be developed to help sustain the local permanent population; (2) These units should be integrated throughout the existing community and should be built within the Aspen Community Growth Boundary; and (3) The public and private sectors should work together to provide this housing. Further, private sector entities should be encouraged to come forward with proposals of their own, so they can participate to a greater degree in solving this problem. The Plan goes on to list the following recommended action: "Study opportunities to provide incentives in our development regulations and housing policies in order to encourage the development of affordable housing by community groups, such as citizens, businesses, and non-profits." The affordable housing element of this project represents an effort by a private business to step forward and provide housing for its own employees. This housing is not being sought as the basis for some free market development, rather, it is necessary to meet the current Aspen Alps Application for Rezoning, PUD Review, Subdivision, and GMQS Exemption Page 7 .... "., " ',...." ,.... '>-.-.:.. ,.... .... .... .... 'i_J r- "'" - .... ,.. ~ I"'" ri - ff""' .... ;.. needs of this long standing business. It would be located immediately adjacent to where these employees now work, and would be within walking distance of the downtown area and the bus system. We believe this is precisely the kind of action sought by the Community PIa!), and it is being offere.d at no ~0&tt9 the comWl.Jnity. c. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. r- Response: The neighborhood in which this property is located contains a mix of residential and tourist accommodation uses. This mix includes both single-family and duplex residences, occupied by visitors and permanent residents, and larger multi-family complexes, also occupied by visitors and permanent residents. These larger complexes include the. Gant Condominiums, which operates as a condominium hotel, and the Clarendon Condorriiniums, bothof,\\Ihi~hare located immediately across Ute Avenue from the subject property, and the Black Swari,just to the west of the subject property. This neighborhood contains severa] other affordable housing projects, thes(: being Billings Place, a 7 unit affordable hOl.Jsing project built about 5-6 years ago, and Ute Park, another 7 unit project built at about the same time. Developing a new affordable housing project in this area, therefore, will be compatible with these two projects, but will certainly not lead to an undue concentration of deed restricted housing in this neighborhood. The applicant has reviewed the City's Official Zone District Map. Included with this application is a map prep~redl!~jn~theCity's GIS, illustrating zoning in the vicinity of this parcel. It shows that there are four piJrriilryzonedistricts cov~ril1g this neighborhood, including LlTR, R:6 (PDD);R':"rs'1P'tJI5),and Conservation. What is notable about the zoning designations is that the zoning of these properties is not necessarily consistent with land uses in the area. For example, the Gant is zoned R-15 (PUD/L), while the Clarendon and Black Swan are zoned R-6 (PUD). Ute Trail Townhomes are properly designated as R-MFJPUD. Lands to the west of Original Street, including five of the eight Alps buildings (the 100, 200, 500, and 800 buildings, and 777 Ute) are designated LfTR. In our discussions with staff, it was suggested that we consider proposing to rezone the entire Alps property as LlIR, not just Lot 2B. This would have the effect of making the other three buildings conforming, these being the 300, 400, and 700 buildings. The applicant would certainly welcome this action, should the Planning and Zoning Commission and City Council decide it should be pursued. However, it is not the owners' intention to expand these buildings or to change the character of those lal1ds .in any respect. Therefore, the owners decided to limit the rezoning application just to Lot 2B, on which this development is being proposed, so the proposed accessory uses needed by the Aspen Alps can be developed, while the property's free market unit count remains unchanged. Aspen Alps Application for Rezoning, PUD Review, Subdivision, and GMQS Exemption Page 8 .., ,... r ,..., ~""." ,... ""' t ~ "'" ,.,.. . - , fI11I1W:, ...l ... .... I" j - ~ l" ~ .... ..,^J "'" Nonetheless, the owners recog, Ill,'Z, , e t, h, at, the, int",rus"ion, of ur, R zoning into the residential area east of Original Street could be amatterofsOiilecortc~rirtoIlei~bors. For thisreason, they have agreed ,to thePlJI) d~~ignatio:n. fortne . pYopirtY. The' purpose of the PUD designation.isdfjoCto permit the applicant t9 vary f~om the diITI9J1~i9Plil sta1}darr,Is qf thf:l UfR to@ distrl'c~. ,Rlifh,er,it WiIfproVfuepr9tecHonfor il1~~9rgiroori1tr~to "ensure that' asit!-l specific development plan is submitted' and that the, applicant is limited to just those uses and that arrangement shown in this lanr,tuseapplication. ' ,.' "",;""",~"-",,,~",,"i' '.' . '.- -.'., .- ";.",,"'",,,,:"';":,'.d,~',--",',''',''i<:''''c.'ii~.~'-'>,;,;";,,,",,".;,,-'i\';1'"';"""->';:"'1';"''''''^''+~ .<' ','.ii_.>'f,' -";0,\""",:_,,,-' The PUD regulations will preventtne applicaj1t from makij1~artysigni.ficiiiifchaIlgest()1:his plan without coming back through the PUI) process. Furthermore, the, applicant hereby commits that this property will not be' used for the development of additional free market bedrooms or free market units. ' . ' " ".'0., ,.'. ""';',':':"''''_':'.{'' .;;:.....(.-,....,.p;.~':\I':.':.+~.-...~,;,. D. The effect of the proposed amendment on traffic generation and road safety. Response: The proposed zoning map change should not have a significant effect on traffic generation and road safety. To understand why this is so, we must first examine the specific uses proposed for this PUD, and how these compare to the way the Alps operates today. 1. Parking Facility Th. e first use to examine is the proposed parki, 'ng faci,lity. The purpose of this facility islo' . """"";("'~""';'i?<""",;"",'~-0+.-;,~"'""-"(:""'-"")":""""",,,,:,:,:~,,,,,,,,.".,-"'.....'.-..:":..;,,c.,::., '. . .. . . .. ...... . ..... . . provide a storage space for cars owned by Aspen Alps unit owners, and by guests and visitors\vJWQcCuPY Alps units. Today, most of the owners' cars are kept throughout the property, near their units. The problem with this situation is that these owners only use their units for a limited number of months each year. The rest of the year the units are rented to visitors. As a result, during certain times of the year, there is not enough room to park the cars brought by :visitors becau~9,of the cars stored on the site by unit owners. Another probleIl1",ith tl:!i~.sjlElitiO!1i~ th~t \vgen. tge t\lps has tbconduct snow removal operations, the~e vehjcl~~Jp.J!~tRf;mg:::~g~itl:1t;r within the property or to, an ()ff:si!!-ll()<:~!i()n." ' """"';q':..,-;.,^"",",~"_,:,:c-.,,;,,,~?~.~. .'C":'. '. :. >,~- '::':': >::> < ':> ;':"':::': ""',,,";,,:..,,:: :"::C' ':., .:.: .' :;" We have completed an inventory of the existing parking at the original Aspen Alps, building- by-building. Following is a summary of the results of this inventory: Building Number of Units Number of Parking Spaces 100 200 300 400 500 700 800 Total 16 17 8 8 8 11 -2 77 12 16 4 5 7 16 ...2. 6.5 Aspen Alps Application for Rezoning, pun Review, Snbdivision, and GMQS Exemption Page 9 ,... ,.... ,... f*-i ~ ,.., !"\ k,',c. , r- , -- & j - ".... !"\ , r ,; - r f""i J:' i - "..., H ,... ""'" As shown above, the 77 units in the original Aspen Alps complex are served by a total of only 65 parking spaces. Most of the buildings have less than 1 parking space per unit, which is well below the City Code requirement of 1 space per studio or one bedroollllI1lit, and 2 spacces per unit for d\Vel~ngs. that contain two or more bedrooms. Th.eferore;"~the construction of m:w parking spaces in the proposed garage will be a way to reduce or eliIl1illllty tl,1ecurr<:nt ,nOIll;pnfonning situation with respect to parking in the complex, and to meet the actual needs of unit owners and their guests. The garage will provide a place to store cars fO:rth~ long periods of time when the vehicles are not being used by owners. It will not be a place where cars enter anc1.exit on. a daily basis. The only time when unit owners' cars will be removed from the facility will be when the owner stays in his or her unit, at which time the car will be moved back to a parking place next to the unit. It should also be pointed out that several owners currently store their cars off-site, in underground or covered facilities. When these ownersarrive intoWIl, the Alps staff must Efl!tiflv~,.!hj9..X.~WSlns..fQ:r the owners. These trips woula be eliminiite'\i'iflne" owners. had an 6ri=slte storage faciIlty. The Alps would also like to allow visitors to thy l,mits to store their Cars in the facility. The Alps believes that if a visitor is able to place his or her car in the garage, the visitor will be less likely to use it during the stay and will instead use Alps vehicles. The Aspen Alps operates six vehicles, including two shuttles, that allow occupants of the units to stay here without a vehicle, or to leave their vehicle parked if they have brought one. The Alps purchased its first electric vehicle durin~the pa~tye~r. The Alps long term plan is to operate an all-electric fleet for travel-in and around the Aspen Alps during the warm weather mbnths. We would also point out that the owners of the Alps units are entitled to residential parking permits, and could park their vehicles along Ute Avenue or other nearby streets. However, it has been the Alps policy to not use these permits, freeing up on-street parking for others in the neighborhood. Development of this facility will ensure that these cars will not be parked on the City's streets. Furthermore, the six vehicles that the Alps operates are usually stored on-site, but from time-to-time they must be parked in on-street spaces in the neighborhood. In the future, these vehicles would be stored in the parking facility. Given these usage and parking patterns, the only additional trips along Ute Avenue from the parking facility will occur from a car being stored, or removed from storage, from a unit located in the 100, 200 or 800 buildings, or at 777 Ute (hereinafter referred to as the "downhill properties"). This would be a very minimal number of trips on a daily basis. Any car being stored or removed from storage from a unit located in the 300, 400, 500, or 700 buildings (the "uphill properties") would already be located above Ute Avenue and would not require an additional trip on Ute Avenue to go to or from storage. Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 10 - f"'< ,-, ~ ,,,",, ,..., " r"" "" " - r ... r- /""t /""t, 2. Laundry and Maintenance Facilities The Aspen Alps currently operates a small centralized laundry facility in the 100 building. The Alps plans to continue to operate this facility for a more limited set of laundry functions. The new faCility, Within the parkingstructllre, would be the principal laundry for tlIc:: ,entire complex. Therefore, trips that currently take place from the laundry, along Ute Avenue, to the uphill properties, would be eliminated. This would include several trips per day, in the morning and afternoon, to pick up dirty linen and to deliver fresh supplies. A similar pattern would occur with respect to maintenance operations. The Alps currently stages its maintenance operations out of a small space on the downhill side of the property that was built for the first two buildings in the complex. It was not built with the entire complex of eight buildings in mind. When there is a maintenance call for a unit on the uphill side, a vehicle ITlust m~~e",,~ Hip along Ute ,Avenue to, ans'oVer the c~ll. By staging maint~I1ance operations' out of the 'parking facility, all uphill calls, Wi!Ibe~bI~to ~~s~~e~, by a vehicle and a person alrelidy located above Ute Avenue. Thiswiflresult in an~t' reduction in trips required along Ute Avenue. 3. Affordable Housing Units The affordable hou~iI1gunits representthc~pp.YI1Y'oV l~s~t:Baf\ViIr&eiieiat~~oITl~ ~d~iti8n~1 trips along Ute Avenue. Standards ~sed byihe'City anaCourio/indic~tethata dwelliriglullt will generate in the range of 5-10 trips per day by occupants and Visitors: We would anticipate these units would fall on the low end of this range, since the occupants will be walking to work and the units will be within walking/biking distance of shopping, the transit system, and the gondola. Therefore, the 3 units could generate a total of 15-20 new trips per day. In summary, this project will not be a significant generator of traffic on Ute Avenue. In fact, it presents a way of actually eliminating some trips that currently occur along Ute Avenue (which, according to recent traffic studies, is still well below its theoretical vehicle capacity). It also provides a way of developing new housing for employees in an ideal location in terms of inducing residents to stay out of their cars. 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 medical facilities. ,... Response: The impact of this project on public facilities should be quite minimal. A City water supply line and an Aspen Consolidated Sanitation District collection line run right past the property, along Ute Avenue. Two fire hydrants are located immediately adjacent to the f"i - r- Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 11 !""\ ,.... ,..... property; one is directly across Ute Avenue from the affordable housing units, while the other is located near the Aspen Alps 300 building, at the rear of the parking structure. These facilities should provide more than adequate fire fighting capabilities in this area. ~~ ~,"i The development is not expected to significantly alter drainage patterns on the property. Most of the activity will OCcur below the surface of the property. There will be only limited new areas of impervious surface added to the property, including the entry and exit areas for the parking facility, and the patio/entry stairway for the affordable housing units. The existing tennis courts will be re-built above the parking and other facilities, replacing the existing surface with a similar type of surface. i"'" ,.... A drainage report has been prepared by High Country Engineering evaluating the facilities needed for this property. The report is attached as Exhibit #7. It shows that several drywells will be installed to comply with the City's drainage requirements. The locations of these drywells, and the swales that will convey stormwater to the drywells, are shown on the proposed landscape plan. "" f"": F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. ,.., Response: This project is not expected to have adverse impacts on the environment. Since it will not cause any significant increase in traffic, it should not have any impacts on air -, quality. It will not result in any increase in runoff from the site, nor will it change any existing water feature in the area, nor will it result in pollutants being introduced into any of the City's waters. ,.. ,.... G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. - ~':""'/ Response: The proposed amendment will be consistent and compatible with the character of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. r-: r- Response: The Aspen Alps was built more than 30 years ago, at a very different stage in the evolution of the City of Aspen. ~; Although the Aspen Alps may appear today to be a unified project, it was actually built in stages. The original developers never truly conceived of how the entire complex would function as a whole, and so it lacks some basic necessities. This application seeks to remedy these deficiencies, by creating such basic facilities as a maintenance shop and a laundry facility for the complex. ".., .... Aspen Alps Application for Rezoning, pun Review, Snbdivision, and GMQS Exemption Page 12 J-. ,..... ,... ,..., Ifisa1soil1lportant torecognJiethafthe zoning desi~ation forthis property was applied after the'fa~t, following the preparation of the 1973 Aspen Land Use Plan. One outcome of that planning process was that many properties along the base of Aspen Mountain and elsewhere in town were downzoned, despite the fact that they had already been developed. il'i In the years since this zoning was enacted, the City has come to recognize that some of these actions were short sighted, and were leading to a slow attrition in the City's tourist accommodations inventory. For example, the City has subsequently rezoned many of the small lodges that are scattered around town back to a conforming status, to permit them to continue and even to expand. The City has also used the PUD process, SPA process, Code amendments, and a variety of other land use devices to allow lodge properties to expand, or to improve their facilities. As the City's lodging inventory continues to shrink, it has become even more important for the City to think creatively with respect to all of its tourist accommodations, to ensure that older buildings can continue to function in this new century. If""! '!"! ;- "'" 1<-.-' L Whether the proposed amendment would be in conflict with the public interest, and is in hannony with the purpose and intent of this chapter. r- ~ Response: As demonstrated herein, the proposed amendment would further the public interest by providing affordable housing for employees of the community and by providing necessary support facilities for an important segment of Aspen's tourist accommodations inventory. I"" r ,... "',' r- ;~ - ~ ,.. - Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 13 i"'" '1' ..... ,... IV. CONSOLIDATED PUD REVIEW "'" Section 26.445.010 of the Land Use Code identifies the purpose of the Planned Unit Development (PUD) overlay zone district in the City of Aspen. This designation is intended to encourage flexibility and innovation in the development of land so as to: (a) promote the goals, and objectives of the AACP; (b) achieve a better quality of design and a greater compatibility with surrounding land uses; (c) preserve valuable site features; (d) promote the efficient use of land; and (e) incorporate public input into the planning process and ensure sensitivity to neighborhood and community goals. .' r'"'" ..., ".." The most innovative aspect of this proposed development is that it has been designed to utilize existing topography to bury virtually the entire structure. The small portion of the structure that is exposed to view will be designed in a high quality manner, to blend with surrounding buildings, and will be extensively landscaped. ,.,. ,.., Since the application proposes a single, unified building containing all of the proposed uses, and this building is essentially subgrade, the Community Development Department determined during the pre-application review that the project could proceed as a consolidated review of conceptual and final PUD, as authorized by Section 26.445.030 of the Land Use Code. This approach will still allow public input into the review process and will provide the City with a means of reviewing site specific architectural and landscaping plans that commit the applicant to a detailed plan for the property. ,... ~. I - The standards for PUD review are found in Section 26.445.040 of the Code. The applicant's response to each of these standards follows below. r: A. General Requirements. ,.,.. I 1. The proposed development shall be consistent with the Aspen Area Community Plan. Response: Please see the response to this standard in Section III of this application, "; Rezoning. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. ... ".., ".. Response: Please see the response to this standard in Section III of this application, Rezoning. - 3. The proposed development shall not adversely affect the future development of the surrounding area. Response: This development will have not have a negative affect on the future development r:- Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 14 ~ r"': ,.., of the surrounding area. The applicant has taken great care to design a project that will be t virtually invisible to surrounding residences, due to its subgrade location and the extensive landscaping planned for the property. .... 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 development plan review. r-r ~ Response: The proposed uses are eligible for a growth management exemption, as follows: , + The proposed parking, laundry, and maintenance facilities are all accessory uses and are neither residential, commercial, nor tourist accommodation uses, they are, by definition, exempt from the requirement to obtain a growth management allotment. !'"" - + The proposed affordable housing units are eligible for a GMQS exemption. Section VI of this application addresses the standards for obtaining this exemption. I"'" B. Establishment of DirnensWnal Requirements: The final PUD development plan shall establish the dimensional requirements for all properties within the PUD, as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During the review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed development requirements shall comply with the following: ",..,., V:!, r"' 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: i' a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. ,-0, L JioMoi b. Natural or man-made hazards. r- c. Existing natural characteristics of the property and surrounding area, such as steep slopes, wateIWays, shade, and significant vegetation and landforms. 11"--' d. Existing and proposed man-made characteristics of the property and the surrounding area, such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. ,... I""' Response: The project's proposed dimensional requirements are shown in Table 1. In proposing these dimensional requirements for the property, the applicant has taken into consideration the above-listed influences. In particular, the applicant has planned the property to be compatible with neighboring residences. '""' .... Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 15 "..., J: ..... ,..., - r- """ r- .- ..., , .... - ,... ..... L ", '. .... ~ ,.... ,... ~ - l'" TABLE 1 L/TR ZONE DISTRICT DIMENSIONAL REQUlREMl!:NTS III~II~~~!~~~~~.... 35,327 sq. ft. 1 bedroom per 1,000 sq. ft. 60 feet 5 proposed bedrooms on 35,327 sq. ft. 197 feet 12 feet 15 feet (west side) 20 feet ( east side) 10 feet Building will be developed subgrade not applicable '-'_';'::':'-'''':'-:':-':-:'''''':-:':''--':':'':':-''-,:..:..:-'..;.,..-::'..,-:,.,.....,.:,.:.::..,.....:-;,-..;,:,-,.'...:.:.:..,::,.,'-:-.....:.,:,:-::::->-,..:.,. c,',::":,,,;,,-,,,,:::,':':"":':-:,"_:__:-"";'''':::',::,,:-:_::"__/:__,,;_._: _':_:_,_::,:,;;_::":,_:".:,,:,,,..;.,.,:,.:::.,';.;.:.:",_,:::.,;,;",:;:_:_,_ MiitiriiuJn J)iSUln.ce:B~tween. ," ' , ..,' , 10 feet Buildin.gs o:ii.llieLOt > " · ' ' ' -,..-:::::::::::}.::;:,:;:;::>,:;:\:,':',:.;:,:::;':-:,:,::;/:::::,::::::;::'..,:",:;',::::-'<::,:::::::.:::';:;:;::::::,:::,;:::,,::::/:::::::::::,';><:}:::,:,",':::) MinbnunlPer:cenf ofOpimS~ce 25% 1:1 (35,327 sq. ft.)2 17.5%1 0.20:1 (7,065 sq. ft.) 2 spaces per two bedroom unit; 1 space per one bedroom unit 5 spaces in the garage will be assigned to the three units Notes: 1. Because of the unusual topography of this site, only approximately 6,200 sq. ft. (17.5%) of the site appears to qualify as "open space" under the Aspen Code calculation methodology. In fact, well in excess of 25% of the surface of the site will be "open". Technically, though, the applicant must request a variation from the underlying open space standard for this proposed development. 2. Although the Code provides for a 1:1 floor area ratio in this zone district, Ordinance 31, Series of 1992 prohibits any further development of floor area on the property. The applicant proposes to amend this limitation, to permit the development of a maximum of 7,065 sq. ft. of floor area. Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 16 -. ,.. 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 areas. ~, ,.,.... Response: The applicant is proposing to take advantage of a development opportunity afforded by the topography on the property that permits a parking facility anQ affordable housing units to be located below the existing grade on the property. This approach will allow the development's mass to be hidden from view. A similar type of design has previously been used at the Aspen Meadows, to create a parking structure below tennis courts, allowing the mass of the structure to essentially disappear. As noted in Table 1, virtually the entire site will be open space/recreation areas following development, although technically, because of the way the Code measures open space, a variation from the 25% open space standard is requested. ",.., -. c r 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: /" ..... a. ~ b. r-o. c. The probable number of cars used by those using the proposed development, including any non-residential land uses. The varying time periods of use, when joint use of common parking is proposed. ~ 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. ..... , Response: The applicant will provide five parking spaces on-site (1 space per bedroom) for the affordable housing units. These will be located within the garage, to comply with the provisions of the Land Use Code. 4. The maximum 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. ..... - Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 17 t"'" " ~ { .J t""' Response: Adequate facilities are available to serve the proposed development, as described in Section III of this application. .... r- 5. a. ,.., b. ,..., c. ,.... d. ,..., ~. ~ ,.- k,~ , The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density may be reduced if: The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls, and avalanche dangers. The effects of the proposed development are detrimental to the natural watershed due to runoff, drainage, soil erosion and consequent water pollution. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes disturbance to critical natural features of the site. Response: There are no natural hazards or critical natural site features that should cause the density of the PUD to be reduced. This is demonstrated in the geotechnical study of the property conducted by Allen G. Thurman, Ph.D., which is attached hereto as Exhibit #8. Following is a summary of some of the key points made in this study: ,..., I!"": ,... !i - ,....., r r-. ..... The land proposed for development is not subject to ground instability, mud flows, rock falls, or avalanche dangers. The collapsed Durant Tunnel mine portal is located about 500' from this property. However, studies completed for the adjacent Aspen Chance Subdivision indicate there are not))]i)]e workings beneath this property that would be penetrated by construction activity. Site specific investigations will be conducted before any construction or excavation occurs, to ensure the foundation for the structure is properly designed. The applicant will share the results of these investigations with the City Engineer, if the City so requires. . Construction of this project will require excavation of large volumes of soil. These soils may contain mine wastes and tailings with contaminates. Appropriate care will be taken to ensure these materials do not become air borne. This will include protection of any materials being stored on site, to prevent mud run-off or wind blown dust, and light watering of loads that are being hauled off site. The applicant agrees to work closely with the City's Environmental Health Department to employ best management practices to ensure these materials do not pose a hazard to neighbors or to other residents of the City during the construction period. . ,... Page 18 Aspen Alps Application for Rezoning, PUD Review, Snbdivision, and GMQS Exemption l""' r,; r-, f- . Along the south side of the excavation, and perhaps along the south end of the east side of the excavation, the cut face will be too deep to remain stable without temporary support. This is likely to be achieved through soil nails that will reinforce the soils as they are excavated. This is a fairly common construction technique for projects of this type on sloping properties. The soil nails may extend beyond the property boundary. The applicant agrees to obtain any required permission from the adjacent landowner before construction activity is initiated. ,.., "... "'" The applicant has also addressed this property's stormwater runoff needs in the drainage report, attached hereto as Exhibit #7. Several drywells will be installed on the property, in the locations shown on the landscape plan, to detain stormwater in a manner that meets City ..... Code standards. 6. The maximum 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 surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: ,-. The increase in density serves one or more goals of the community, as expressed in the Aspen Area Community Plan (AA CP) or a specific area plan to which the property is subject. ~ . 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. ~ ...., Response: The applicant does not propose to increase the project's density through the PUD. r ! i 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: r 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. r r Aspen Alps Application for Rezoning, pun Review, Snbdivision, and GMQS Exemption Page 19 1'1'" ~ L..., r" . . ,..., r- . "'" -- ,-, .- 'i~ - i' - ...... ,..... r Response: There are no such unique features associated with this very small, previously developed site. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Response: The structure will be built subgrade, keeping the surface of the property as a recreational facility/open space. Technically, the surface may not meet the City's regulations governing open space, since it is well above the adjacent street level and is not open to view from the street. Nonetheless, it clearly functions as an open space recreation facility. 3. Structures are appropriately orie1!ted to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Response: The affordable housing units have been oriented to Ute Avenue. They will provide visual interest along a portion of this street that has historically not had much of a pedestrian orientation. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. Response: Emergency vehicles will be able to access the dwelling units from Ute Avenue, and will also have access to the property from Aspen Alps South Road. Pedestrian access has been provided via a stairway to the units located along Ute Avenue. A pedestrian walkway has also been shown along side the vehicle ramps entering and exiting the proposed parking structure. A sidewalk has not been proposed along the Ute Avenue side of the property. There is an existing sidewalk/trail on the north side of Ute Avenue that accommodates pedestrians in the area. The plan prepared for the Ute Avenue Improvement District in the early 1990's did not anticipate a sidewalk along the south side of the street, and there are no sidewalks crossing any of the other properties on this side of the street. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding propenies. r Response: As described in the report from High Country Engineering, site drainage will be accommodated by installing several new drywells. This will positively affect the area, since runoff from the existing tennis courts is presently not managed. ~r :J.i ~ :1 ti'" Aspen Alps Application for Rezoning, PUD Review, Subdivision, and GMQS Exemption Page 20 l' -, .. , :"" 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. ..., Response: This standard does not apply to this proposed development. :"" D. Landscape Plan. The purpose of this standard is to ensure the 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 development plan shall comply with i"'" the following: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. ..., ,... 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. r'1 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. :"" Response: A proposed landscape plan, prepared by Kiernan Design Studio, is included with this application. In preparing this landscape plan, several contacts were made with the City's Urban Forester to receive guidance as to the most appropriate landscape program for this site following development. The applicant was advised that the native character of the landscaping along the Ute Avenue frontage which has grown up naturally over time is very desirable, and it would be appropriate to try to re-establish this character following development. The applicant was also advised to design the proposed structure so as to avoid some of the significant trees that are located around the perimeter of the property. /!"' ,., '"'" " The proposed landscape plan reflects these directions. First, it shows that a significant number of native trees will be planted to replace those trees that must be removed during excavation of the site. The City's Forester directed us to replace the grove of cottonwood trees along Ute Avenue with new cottonwood trees planted in a similar pattern. The proposed landscape plan depicts over sixty new cottonwood trees and seven Aspen trees that are proposed to be planted around the perimeter of the property. Eleven new spruce trees will also be planted around the property, in locations where they will help to screen views from surrounding residences. These trees will range in height from 8' to 11'. ..., r ".... '"" :! The landscape plan also shows that the frontage along Ute Avenue and other areas along the perimeter of the property will be planted with a native seed mix, to ensure that the native character of the ground cover in this area will also be re-established. This mix will either match the existing grasses on the property or will be a mix recommended by the City's Parks Department. ;r, ..- ;'1 Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 21 .~ I "'" ."...., Finally, the landscape plan shows the location of those trees within the property that we believe can be preserved, including several large cottonwood trees. The applicant will make every effort to design and build this project in a manner that will allow these trees to be preserved. In some cases, such as the very significant grove of trees at the rear of the property, behind the tennis courts, this can be guaranteed, since no excavation is planned there. However, in other cases, such as along the eastern boundary of the property and at the corners of the property along Ute Avenue, this will be more difficult to accomplish. The applicant anticipates that a final determination as to the feasibility of preserving certain trees may not be made until excavation of the site has actually begun. , " "..... ,... "'" .- Once the excavation of the property has been completed, we will have a more accurate tally of the numbe:r of trees that have bee!). removed a!).d must be mitigated. At this point in time, the landscape plan specifies eight spruce trees that are 16' tall or more that will definitely need to be removed from the site, which the City's tree removal ordinance requires the applicant to replace. Unfortunately, it appears that these trees are too large to be relocated, so they will have to be mitigated with new trees. ,.... .- If the terms of the City's tree preservation ordinance require additional mitigation beyond that shown on the landscape plan for Lot 2B, then the applicant will work with the City's Forester to determine the most appropriate approach to mitigation. One option would be to plant additional native trees elsewhere within the Aspen Alps property in locations that would be coordinated with the City's Forester. However, the applicant has been advised that given the density of trees already present within the Aspen Alps, it may be preferable to instead accomplish some native restoration of disturbed areas around the property. The applicant will work with the City's Forester to accomplish this work if additional mitigation is required for the trees that are removed from Lot 2B. ,.... ,,-, ,...., r 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 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: r ~ .- ;,1 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. ""' , , I ; "I , .,.. ;., , I - , Aspen Alps Application for Rezoning, PUD Review, Subdivision, and GMQS Exemption Page 22 ,... ..... ,... ,... Response: Proposed elevations have been submitted with this application, depicting the proposed structure as it will be seen from Ute Avenue and from Aspen Alps South Road. The elevations show that the vast majority of the structure will be completely hidden from view, because it will be buried within the existing landscaped berm on the site. Therefore, the concrete portion of the structure will not be visible, minimizing the apparent scale and mass of the structure. ,... I"'" , Those portions of the building which are visible, including the front and side facades of the affordable housing units, the entry doors to the parking garage, and the vent from the garage, will all have wood siding and fascia. This will make the appearance of this building similar to that of the existing Aspen Alps condominium units. Finally, the fence that surrounds the tennis courts will sit back from the edge of the berm, as it does today, helping to soften its visibility for neighbors. ~ ,..., 2. Incorporate, to the extent practica~ 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. ,... ,.... Response: The most appropriate location for the affordable housing units is along the Ute Avenue side of the property, which faces to the north. This locations makes it impractical for the units to take advantage of solar access. However, burying the building into the landscaped berm will help in reducing the energy needs for the units. ,.... r-, The proposed landscaping has been designed taking into account the importance of allowing maximum access to light and air for the affordable housing units. No new evergreen trees will be planted in front of the units; spruce trees have instead been proposed along the east and west sides of the property. Existing vegetation will be preserved and supplemented as shown on the landscape plan, providing an important buffer to surrounding residences. '"'" 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. ".,.. ..... Response: Snow shedding should not be a significant problem for this structure, since it uses a flat roof form, which will function as a tennis court during the summer. There are also substantial open areas around the edges of the property that will function as snow storage areas, as necessary. Provision has been made for controlling runoff from the site as part of the drainage plan. This will be an improvement over the existing situation, which does not provide for such controls. ..... ..... F. lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner, considering both public safety and general aesthetic concerns. The following standards shall be accomplished: ~ Aspen Alps Application for Rezoning, pun Review, Snbdivision, and GMQS Exemption Page 23 ~ ~ ,.., 1. ,..., 2. !" ,.., 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. All exterior lighting shall be in compliance with the Outdoor Lighting Standards, unless othenvise 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. Response: All proposed lighting will comply with the City's new lighting standards. ,..., 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: "".. ,... "'" 2. ,... ... 3. "'" ... 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercia~ or industrial development. Response: The tennis courts on the surface of the property will remain under the ownership and maintenance of the Aspen Alps Condominium Association. 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. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately where Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 24 ~ "'" the developer is reimbursed proportionately for the additional improvement. M Response: As noted above, adequate facilities are present in the area to accommodate the proposed development. However, any facility extensions or upgrades that are determined to be necessary to serve the project will be provided at the applicant's expense, so there will be no net cost to the public for providing these facilities. l"'" ..... L Access and Circulation. 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 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. ..... .':"""i Response: Access to the project will be provided from Aspen Alps South Road, a private right-of-way that connects to Ute Avenue, a public road. 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. I""": ... f ..... Response: As is described in Section III of this application, the proposed uses will not result in any significant increase in the amount of traffic in the area. The proposed affordable housing units will generate a minimal number of vehicle trips per day, since employees will live next to where they work, and since this site is located within the core of Aspen. The parking structure will not attract new vehicles to the property. Instead, it will permit vehicles to be stored while the owners are not using their units, insuring that the surface parking spaces within the project are available for the occupants of the Alps units. The other accessory uses planned for the facility (laundry and maintenance) will also not generate any significant incremental increase in traffic along Ute Avenue or Aspen Alps South Road. As a result, no road improvements are proposed as part of this development. r-, ~ ..... 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. ..... ..... Response: No new trail dedications are proposed as part of this project. The prior pedestrian and open space dedications made by the Aspen Alps are described in Section II of this application and are shown on the map entitled "Open space Near the Aspen Alps". l"'" .~ Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 2S ~ - . """ ,....-. ,.. ... .... .... ... ,... ... I"*: ~ .... I"" ... .... ,... 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transponation are proposed to be implemented in an appropriate manner. Response: No additional trail recommendations from the AACP affect this property. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Response: There are no streets planned within the project. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Response: No such gates or other entryway expressions are planned as part of this project. 1. Phasing of Development Plan. The purpose of this criteria is to ensure panially 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. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Response: A phased development is not proposed for this project. Page 26 ~ Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption ,... .... . ... V. SUBDMSION REVIEW !'"'\ By state and local definition, development of a multi-family project is a subdivision, requiring review of the proposal pursuant to Section 26.480.050 of the Land Use Code. A final subdivision plat will be prepared for this project following approval by the City. ~ .... Subdivision review also applies to this project because the application proposes to amend a condition of the original subdivision approval, as granted by Ordinance 31, Series of 1992. Therefore, according to Section 26.480.080 B., a new development application for plat is required. A complete description of the prior subdivision approval and the applicant's amendment request is contained in Section II.A. of this application booklet. ,..-.; The applicant's responses to the standards for subdivision review contained in Section 26.480.050 C. of the Land Use Code are as follows: ... ",<'''; A. General Requirements. ~ 1. The proposed subdivision shall be consistent with the Aspen Area Community Plan. Response: Please see the response to this standard in Section III of this application, Rezoning. r 2. The proposed subdivision shall be consistent with' the character of existing land uses in the area. ... Response: Please see the response to this standard in Section III of this application, Rezoning. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. ... Response: Please see the response to this standard in Section IV of this application, Consolidated PUD Review. ... ... 4. The proposed subdivision shall be in compliance with all applicable requirements of this title. Response: The subdivision will comply with all applicable requirements of Title 26. .... B. Suitability of Land For Subdivision. ... 1. The proposed subdivision shall not be located on land unsuitable for development ~ Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 27 lIII"I!\ l"-I , r ... ... .... ... ~. .\ ~ ,... ll"'""Il: ..... ....., ~ ~. ... ... t' ... ,... ... ".... , .... because of flooding, drainage, rock or soil creep, mud flow, 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. Response: As described in Section IV of this application, Consolidated PUD Review, no such hazardous or harmful conditions are expected to limit the development this property. 2. 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. Response: Not only will this proposal not cause the need for any extension of services, it will, actually result in a more efficient use of existing infrastructure. This is accomplished by locating new housing in town, where necessary facilities and services are already in place. c. Improvements. The improvements set fonh at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (see Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Response: The applicant is not requesting any variances from the improvements standards. D. A subdivision which is comprised of replacement 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. Response: This project contains 100% affordable housing units. E. Compliance with the School Land Dedication Standards set fonh at Chapter 26.630. Response: This standard requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision, to ensure the current level of services to students Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 28 r ~ ~ i; ~ r"' . ' !"" .- , ,... !ll"'Ia ,.., ~ ..... .... ..... !l"'I .... ... ... "', "'''''~.,........'- -, inth~bspen School District is maintained. ThissIIlalf' propertjr does '!{ofrepresent ,,' an appropriate location fOr such a l!ln,d fIecJjf!ltiOn, so an in-lieu payment is instead proposed. The formula for calculating the payment-in-Iieu for each unit is: "market value of land x applicable land dedication standard (which is 0.0095 for a two bedroom unit) x 0.33 = amoul1t of cashpaymea.t"., TPe m!lIkel v!llqe of tile land meaI)S the value of the lancJ at the time of the payment, excluding the value of any structures on the property. When more than one unit is to be built, then each unit is assigned its proportionate share of the value of the lot. The market value of property such as this, with its existing development restrictions, is negligible. We,h,~"e, ,~heckedthe appraisef!Y!llq~ of th~ property with Pitkin County and found that tlieyvaluebqin)ots'2A'!lnd 2Ira(!ltot~rofQJ1ly $8,000. We havespoken with a 10c~l. ~ppraisal firm and,~~~y cOl1cllf th~tdu~ tp {h,e, re,~tri~tions preventing free market d.ev~l()pment of this property' iihasvirhiallfiio land value. ,- In fact, they noted' that since the cost to construct affordable housing units exceeds the rental that can be received from the units, they typically would not assign any land value to a property that is to be used for affordable housing. Co~sjdefiI1g the land value for the property is $8,000, the calculation results in a cash-in-Iieu rpaym'enf6f only $25 for the three units ($8,000 x 0.0095 x 0.33 = $25.08). Obviously, the applicant would agree to make such a payment to the School District. )Ye~oqld al~? point out, that the &pe~ Alps just recently donated exercise ~quipIIlent. to the ASpenSchool District (see attached letter from School District accepting the donation, attached as Exhibit #9). The value of this equipment is approximately $10,000, and it will serve a great function for students of the District. This donation is another way that the Aspen Alps has sought to mitigate any impacts that it may have on the school system. Aspen Alps Application for Rezoning, PUD Review, Subdivision, and GMQS Exemption Page 29 ~~I ~~ ... {'l ~ l """ ~ ~} ~" ""' ... /1M-: I., I""' r l ... i~) ,... r'~ ... ... ,....., r: ... .. I!"'I'l ~ ,.., - VI. GROWTH MANAGEMENT EXEMPTION FOR AFFORDABLE HOUSING ~~S!i()lI,,~2.?f7Q.Qt9:j. of the Aspen Land Use Code states that all affordable housing deed restricted in accordance with the housing g,u ide lines of the City Council and its housing ',' . "':',""',"'~"'-""""1'""",<.",-~=.'~:,,,,,,,,,.,~:/,"-,_,,,,,'V"':'~"';:;:;"f>"~:,,:,,~i~il:~~oC;>t!<5l_. ',' ,..,.." . designee shall be exempt rrorn the GMQ~:~, The Section goes on to provide the following standard fort'he'review of this exemption: 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 price categories to which the dwelling units are to be deed restricted. (\! Response: The applicant proposes to develop three~forf!,al>Ie housing units, as shown on the architectural drawings. All of the uriitswifl be rental unltl Based on a pre-application meeting with the Executive Director of the Housing Authority, following is a summary of the proposed unit mix: I """"""""""""""',-,","',"""""','"",-,","""-,"',',',,',""""-,-,"-,'.",',"',"""""'-""""""'-"""""'-"""",-,--,","',"',""'-,",-,""" I ';"':';-;"':':"':":':";:'-;"'::"'-"'-:':':':'::"'::''':::''';';''';_'_:':':':':'''':'_':':'''';'._;_;:'-:';.:,.":,.,0,.,.,.,:,::,:,;::,:"";,,,:,:,-,,,,:,,...:.,.,.;.:.,_,:._._,:.....:,.:-:::.;...;.;.,.::.;....,:"..,:"....;.;.,.;.:.,.._.::,.:::..::::..:;.._:.:.:.,::,"':""'::_"'_:'::' """"""""""?""'?""""""?TABm'Z"""'""""'"",?,,,', 1IIIIIIIIIII..~IIII,iBI:II..1 ,'_n Size Deed Restriction Category Unit 1 2 bedroom , 95 0 sJ Category 3 or 4 Unit 2 1 bedroom; 850 s J. Category 2 Unit 3 2 bedroom; 95 0 sJ Category 3 or 4 The Aspen Alps is currently evaluating whether it would be appropriate to have a "vesting program" in effect for occupants of these units, similar to what is currently done by the Volunteer Fire Department. This program would take a portion of the rental paid by employees and place it in an account, where it would be available to the employee to use as a down payment to purchase a unit elsewhere. This will help to ensure that some the funds spent by an employee renting their housing from their employee can have a long term benefit to make them-a homeowner in the community. \ Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 30 !"" .... ... , .... 1;; i"' P""l ~ ,.. .... VII. RESIDENTIAL DESIGN STANDARDS REVIEW Section 26.410.010 B. states that residential design standards review applies to all residential development requiring a building permit. At our pre-application conference, we were informed that if any variances from these standards are required, they would be addressed coincidental with PUD review. The applicant has reviewed the City's adopted residential design standards to determine whether the proposed structure can comply with them. The applicant is unable to comply with all of these standards due to the nature of the proposed structure, which is a parking facility that includes three affordable housing units. Following is a description of the design standards variances that the applicant is requesting: A.l.':Suifa:to:(i!:ies:''rhe street facades of the building have been located more than 5' from the minimum setback lines. This is necessary to ensure that the mass is properly buried into the earthen mound and is adequately set back from neighbors. B.l. Secondary M:ass. None of the mass of the structure will be located in a secondary mass. It is not possible to design the proposed parking facility in a functional manner on this site and create a primary and secondary mass. D.1.b. Coveted Eniij: . The drawings as submitted do not have a covered entry over the front doors. If the City so desires, the applicant will add a covering above the entry to each unit. - D.2. O~~7~t()J:Y El~ment. The structure has not been designed to include a one-story element, for the'same reason as described above with respect to secondary mass. "'" If, during the staff and public review of this project, it is determined that additional variances are needed, we would request these be addressed at the same time as those listed above. .... VIII. VESTED RIGHTS Pursuant to Section 26.52.080 of the Aspen Municipal Code, the applicant hereby requests ~ that this development be granted vested rights status. ... ..., "" .... .... IX. CONCLUSION In summary, the applicant has submitted all of the materials requested during the pre- application conference. We have responded to the applicable standards of the Aspen Land Use Code and have demonstrated our compliance with said standards. Should any reviewing agency request additional information, or need for us to clarify any of the statements made herein, we will respond in a timely manner. Please feel free to contact us as necessary. Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption Page 31 - I' r" - ,... r" f " "" i'"' ... - i - ~ ... ... "'" !iiOiiI ,... .. . EXHIBITS ""'00 y " \';'df' #348320 09/0:3/92 16::37 Rec $20.00 BK ;~. Silvia Davis, Pitkin Cnty Clerk, Doc r ,... !'"'\ ~ Jg ~.. ." t.,,~ r' ~~ :"I~ -I'--- , 1"'" r 681' PG 911 $.00 . .1f)IBN RECORDED, RETURN TO BOLLAND' HART, P.C. EXHIBIT #1 Attn: Charles Brandt, Esq. 600 E. Main street Aspen, CO 81611 GENERAL WARRANTY DEED GEORGE P. MITCHELL and H.A. BORNEFELD, JR., or the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to ASPEN ALPS CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation, whose street address is 700 ute Avenue, Aspen, CO 81611 (P.O. 1128, Aspen, CO 81612), the following real property in the County of pitkin, State of Colorado, to wit: Lots 2A and 2B, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision of the George P. Mitchell and H.A. Bornefeld, Jr. Property acc~~ing to the plat thereto ("Plat") recorded in/lBook ~ at Page ~~ of the records of Pitkin County, Colorado. with all its appurtenances, and warrants the title to the same, subject to and except for: 1) General taxes for 1992 and thereafter payable in 1993 ,md thereafter; and excepting and subject to ,~ 2) Reservations and exceptions as contained in U.S. Patents recorded in Book 136 at Page 173 and recorded in Book 175 at Page 213 as follows (applies to Lot 2A and 2B): ..... ,... t ~ "..o~ ~ , "ii\ m . 0 ~ 5:=4 ...~:.lI-< ~:nO :n-:O"ll ,/ mo> -":5:(1) I""-?]o x"ll !::::7.:-:o !2 3 ) ,. 5 ~ recorded /' . =I 2B): ~~ :& ,... Ii.-' I"" That the premises hereby granted, with the exception of the surface may be entered by the proprietor of any other vein or ledge, the top or apex of which lies outside of the boundary if said granted premises, should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge. Reservations and exceptions as contained in u.S. Patent in Book 175 at Page 299 as follows (applies to Lot 2A and way for ditches or canals by the authority of the united A right of constructed states. ~. f .... Iv" ~. r .... ,,",*, {t., ,,-, r I - l !"" ~ ,.... .... ~',.:, ~, 1"" - """ l H ) ,.,.. .... """""'~' #348320 09/03/92 16:37 Rec $20.00 Bf< Silvia Davis, Pitkin Cnty Clerk, Doc 687 PG 912 $.00 4) recorded 2B) : Reservations and exceptions as contained in u.s. Patent in Book 175 at Page 299 as follows (applies to Lots 2A and The right of the proprietor of a vein or lode td e'~tract and remove, his ol:'e:therefrom, should the same De found to pell'etrate or intersect the premises. 5) Terms, conditions, obligations of Easement Agreement as set forth in instrument recorded in Book 470 at Page 780 (applies to Lots 2A and 2B). 6) An easement for ingress and egress, city water lines and sewer line as set forth in instrument recorded in Book 288 at Page 899 (applies to Lots 2A and 2B). 7) A perpetual non-exclusive easement for pedestrian, vehicular and other traffic as set forth in instrument recorded in Book 235 at Page 722 (applies to Lots 2A). 8) Easement for a road and for parking as set forth in instrument recorded in Book 217 at Page 593, and recorded in Book 235 at Page 122 (applies to Lots 2A). of a Book 9) Easement ten feet in width, being five feet on each side centerline as set forth in Deed recorded March 23, 1964 in 206 at Page 264 (applies to Lots 2A). 10) Terms, conditions, obligations and Agreement as set forth in instrument recorded in 888 (applies to Lot 2A). provisions of Book 295 at Page 11) Reservations of all of the minerals, mineral deposits, mineral oils, and natural gases of every kind and nature, together with the right of ingress and egress for the purpose of mining, drilling and exploring said land for minerals as reserved in Deed recorded in Book 193 at Page 595 (applies to Lots 2A and 2B). 12) Any loss or descriptions for a portion by Alpine Surveys, Inc. as damage resulting from overlapping of subject property as noted on survey job No. 87-159-2 (applies to Lot 2A). 13) Easements, rights of way, encroachments and all matters as described on Plat of subject property recorded ~bE~ 3, 1992 in Plat Book ~ at Page "S (applies to Lots 2A and 2B) . 14) Easement as granted to Aspen Metropolitan Sanitation District recorded October 8, 1971 in Book 258 at Page 436 (applies to Lot 2B). - Ii"'" - t .~48~?0 09/03/92 16:37 Rec $20.00 BK <<"_ "~~- -, """" Cnty Cler"k, Doc Silvla Davls, Pltkln 687 PG 913 $.00 . Any portion of the subject property which is a part of Government Lot 42 is conveyed by Quit Claim only without any ro, ~arrants of title whatsoever, and Reserving, however unto the Grantor, George P. Mitchell, his ~ neirs, grantee and assigns in and to the Mitchell Revi~ed H?use site as shown on the ~l~t, a right of acqess over arid acros~ a right-of-way along the alignment of " the existing Aspen Alps South .f"'\' Road as shown on the Plat, as well as a right-of-way for utilities .' no~ situate on the property hereby conveyed now providing service thereto sufficient under city of Aspen standards to service his res'idence situated on the Revised Mitchell House site as shown on ~ the Plat and any additional improvements which may be built thereon; provided, However, any expenses in widening or upgrading the Aspen Alps South Road or utilities to meet city of Aspen ~ standards for George P. Mitchell's purposes shall be borne by , George P. Mitchell. Grantee shall have the right to approve any such widening or upgrading, which approval shall not be unreasonably withheld. George P. Mitchell and H.A. Bornefeld, Jr. ~ each shall be responsible for a pro-rata share of expenses for the maintenance, repair and removal of snow relating to the existing Aspen Alps South Road as if his residence (in the case of George P. .~ Mitchell) and Space A in 700 Building, Aspen Alps South (in the case?! H.A. Bornefeld, Jr.) each were a single condominium unit in the Aspen Alps condominium Complex; and, 3 4 5 6 7 8 9 10 11 ,... , Reserving unto Grantor, H.A. Bornefeld, Jr., his heirs, grantees and assigns a right of access over and across the Aspen Alps South Road as shown on the Plat as an easement appurtenant to Space A, situate in Aspen Alps South Condominiums. 12 13 ~ .... ALL REFERENCES BEING TO THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO. ~.~ Signed this ~ day of , 1992. 14 ,"'j ~~t\k~' t! ,.-" 1. ~ 3 ""I ./1 H.A. Geo' ge ... r (acknowledgements on following page) 'i'"" ~,1> r. i,";;;'i.7"~", .'-' -9/(-,~/9'? 16<'17 Rec $20.00 BK 483?0 U _~ 6'- . . #3 '.- D Yl'S Pitkin Cnty Clerk, Doc Silvla a , 687 PG 914 $.00 r"' . r" COUNTY OF STATE OF ) ) ss: ) ".., , - , ~ , "'1 I' ~ r: ~ !"" , ;, .i'F~"'~' DEBRA B. McCOY ,j f':;.Jb..'f "*' NlIc, 8IaII 01 T_ :~ ~~~.d'1Ir ~..illllan ElqinII v.(!; AUGUST S1, 1994 ~ ,... - " r "'" Ir" ~'i l:f! 4 - I i Q6~lc day . M~ ~{1.h-f ( The iorElgoin<iin.s!l:'\liil~l'\tW'l'S~'~dj{r-~}v1.~dgedbefore me this of tllMjGlsf, 1992, by H.A. Bornefeld, Jr. witness my hand and official seal. M~~~~~~ion Expires: r1v ..' :-(J.SL'lI\l' H (sea~'5,.~.,,~~';;"'" {~ \JL.L. - ( ~. ~~~ <'1<91';"") Notary Public ( . J7. ~ . i If1'tOf'1."./: ~ tx"ftll!t ..- ..:. '" "fA .......... PJb4 ..... COUNT~,,"l91l 10, \'ll.".... 'lwlii;....",." ) ) ss: STATE OF ) The foregoing instrument was acknowledged before me thisd5 H\ of t2u.~ ' 1992, by George P. Mitchell. Witness my hand and official seal. My Commission Expires: C1;:-ty-<.-a.J- 31) ;qq,/- j); iit..4..- /;3, -In (Seal) Notary PUblic day r", ,... EXHIBIT #2 "... 1-1 t"" Ms. Julie Ann Woods, Community Development Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 - ~ RE: ASPEN ALPS CONDOMINIUMS REZONING AND PUD APPLICATION Dear Ms. Woods, r- We hereby authorize Alan Richman Planning Services to act as our designated representative with respect to the land use application being submitted to your office for our property, known as Lot 2B of the Moses Subdivision, located along Ute Avenue. Alan Richman is authorized to submit an application to rezone the property and to adopt a PUD and other associated reviews for the development of a parking facility and three affordable housing units He is also authorized to represent us in meetings with City of Aspen staff, the Aspen Planning and Zoning Commission, and the Aspen City Council. ,II'- Jf!'*, ,.,... r Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. 1""1 !"'" erb Winter, President - f\spen Alps Condominium Association ... :.1 i ,... r1 "... ,... EXHIBIT #3 ,... CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY f".. PLANNER: Nick Lelack, 920.5095 DATE:' Feb. 6, 2001 /!'" PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Aspen Alps Planned Unit Development Alan Richm:iti Aspen Alps Condo Association. 2 Step. Planning and Zoning Commission, City Council. Redevelopment of parcel 2b as a parking garage with tennis courts above, laundry facilities and maintenance shop to serve complex, and employee housing. Ordinance 31 of 92 approved the Subdivision of the Aspen Alps and restricted further development on parcel 2b. Amending this provision cannot be processed as an insubstantial amendment but does not require a new plat. Planner recommends combining Residential Design Standards waivers with PUD. M .... r - Proposal requires the following approvals: 1. Amendment of Ord. 31 of 92. This will be reviewed as a substantial Subdivision amendment consistent with approved plat. Requires City Council action. 2. Rezoning to L TR - either parcel 2b or additional lands. Possibly entire complex if appropriate. 3. Planned Unit Development to establish dimensional requirements. Planner recommends combining conceptual and final reviews. Planner recommends combining Special Review for AH parking with PUD. 4. Growth Management exemption for AH. 5. Subdivision for multi-family development. 6. Residential Design Standards Review. Planner recommends appeals be considered concurrent with PUD. r-- ,... F_J .... f""! ;,;...., Land Use Code Sections: 26.710 LTR Zone District 26.445 Planned Unit Development 26.480 Subdivision (for multi-family development) 26.480.080(B) Subdivision Amendments (consistent with original plat) 26.310 Rezoning to LTR 26.4 70.70 Growth Management Exemptions for AH 26.410 Residential Design Standards 26.304 Common Development Review Procedures ,.. ~ - Review by: Stafffor completeness; De~~lopment review committee (DRC) for technical considerations and referral comments; Housing Authority (or Board) for recommendation on AH Exemption; Com. Dev. Director for recommendations; Planning and Zoning Commission for PUD, Subdivision, and Rezoning (PH) City Council for Subdivision, Rezoning, PUD, and GMQS Exemption (PH); "... r ~ IJ'll!II '. ,... ,- , "... I r:-. f'-i 'r*' . " ,... ,..., , - f!""l ,I"" "... ... 7. 8. ~. 9. ~ 10. 11. ~, 12. Vesting is automatic and initiates after final approval. Public Hearing: Yes, for meetings above noted by (PH). Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency owns property within three hundred (300) feet of the property subject to the development applicatio1?- . Applicant will need to provide proof ofposiing and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Streets, Building, Holy Cross Planning Fees: Planning Deposit Minor ($1205) Referral Agency Fees: Engineering, Minor ($180); Housing, Minor ($180) Total Deposit: $1,565 (additional hours are billed at a rate of $205/hour). Fee schedule is subject to change. To apply, submit the following information: 1. 2. 3. Proof of ownership. Signed fee agreement. 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. 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. Total deposit for review of the application. 30 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing. Copies of prior approvals. Additional application material as required for specific review. (See attached application packet.) 4. 5. 6. Notes: 1. Planner suggests applicant amend condominium plat and documents after completion of project. 2. Accessory uses proposed (parking, laundry facilities, etc) do not require a GMQS allocation. ,.. I c. , Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right. ,... , ""'" f" I I flerelY - (/( SL '"J ;~ Lamont, .- t" r- - Ii !'"'\ M ! ~':'! ~ ~, ,.,..., ,.., ,... I"" ,... - ~ ,.. - . ... 1- , c .~ EXHIBIT #4 . July 12, 1994 ASPEN. PrrxrN Pi..ANNING & ZONr~G DE?~.U~.fENT Ms. Pamela M. Cunningham Aspen Alps Condominium Association PO Box 1228 Aspen, Colorado 81612 Dear Pamela, I have received your letter regarding the installation of a trash compactor and pad on Lot 2A of the Aspen Alps. I have also reviewed the SUbdivision'Agreement for the Replat of Lot '2 that was completed in 1992. Based upon that review, which designated Lots 2A and 2B as permanent open space, it is my interpretation of the conditions of approval that the preservation of the open space did not preclude small park-like features such as benches, picnic tables or necessary functional items such as utility features. Therefore, it is' also my interpretation that a trash compactor, specifically in the location that you have identified, would not be inconsistent with the conditions of approval designating Lot 2A as pe~anent open space nor is it incompatible with the intent of the 19,92 approval. . I It is apparent from the information included in your letter that some owners are concerned about screening. Thisisa concern of the Planning Department as well. Because the road is also'a public access to the mountain, a.ppropriate' screening is necessary. In aedition, the location of the compactor. must not encroach' into the public access easement and must comply with any dimensional requirements of the zone district. Please review these requirements and your screehl.ng plan with Bill Drueding prior to installation. If you have any questions please do not hesitate to call. Interim Planning Director cc: Bill Drueding, Zoning Officer l3iJ St'L"iii G.HEX.\ SnEEr. AsrE.':, COLORADO 81611 . P,YO.'fE 303.920.5090 . F,u 303.920.5]97 r"n",j"" nnw!,'J~,,,,,,, ~ " . ~. I"" r- .. , ~ ~ (It.! r- r- ,.., - \1<.' ",.. ;; , ... - 1"" ".. I- I"'lIIt - EXHIBIT #5 r1teut- if!~ ~/ 'P~ s~ g'~ 3613 A~ ~ C1612 'PMHd"Jew (970) 920-1125 Marcl1. 18, 1998 Mr. Mitch Haas, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: USES BEING EXPLORED BY THE ASPEN ALPS Dear Mitch, Thank you for meeting with Pam Cunningham, Nick McGrath and me on February 27 regarding the Aspen Alps. The purpose of the meeting was to provide you some background information on certain uses that the Aspen Alps Condominium Association is currently exploring. We reviewed several issues associated with these uses and sought your preliminary input on whether these uses would comply with underlying zoning and whether we would be likely to receive staff support if an application were submitted. We recognized at the time that some of these issues are relatively complex and would need to be further described in writing, so that you could discuss them with other staff members before an opinion is rendered. Therefore, the purpose of this letter is to provide you a written summary of our proposals (found on page three) and to request that you provide us a formal interpretation of certain aspects of the Aspen Land Use Regulations. As we mentioned to you at the meeting, in pursuing these uses, the owners do not want to engage in a land use battle with the City. If the City views any of these uses as inappropriate in the location we are investigating, then we would prefer to drop that part of our request. On the other hand, if the City views these proposals in a positive light, then we would be interested in formally applying to develop them. Background The Aspen Alps is an 83 unit condominium complex located at the base of Aspen Mountain. Seven of the eight buildings in the complex were built in the 1960's. 777 Ute Avenue was built in 1990 and became part of the Aspen Alps. Attached is a layout of the complex. There are several different zone districts that cross the property, as follows: . . . Buildings 100, 200, 500 and 800 and 777 Ute Avenue are zoned LITR. Buildings 300 and 400 are zoned R-15/PUD. Building 700 is zoned Conservation. ... ,.. b~" .... ~ ,IIII!II: ,.. ,.. ... f" f"'r ~ " , ~. ~ """ - ,.. ~; ..~ ,- t.,.,'" .... r- Mr. Mitch Haas March 18, 1997 Page Two In 1992 the Aspen Alps submitted a subdivision application to the City. One of the primary purposes of the application was to allow theCol1c1oJ]')ini~m A~sodation to obt~in title to the area surrounding the 300, 400, 500 and 700 buildIngs, which had been retained in ownership by the original developers of the complex, Mr. Mitchell and Mr. Bornefeld. As shown on the accompanying plat, three lots were created by the application. Lot 2 contains approximately 1.028 acres (44,780 sq. ft.). It contains a small single family unit, which received 8040 Greenline approval to be redeveloped as part of the application. Lot 2A contains approximately 2.265 acres (98,663 sq. ft.). It represents the land surrounding the existing condominium buildings and it is currently vacant. Lot 2B contains approximately 0.811 acres (35,327 sq. ft.). It is presently improved with the Aspen Alps tennis courts. The subdivision application was approved by the Aspen City Council pursuant to Ordinance 31, Series of 1992. Included in that ordinance was the following condition: "Simultaneous with the recordation of the final plat, Lots 2A and 2B shall be conveyed to the Aspen Alps Condominium Association subject to deed restrictions in favor and for the benefit of the City of Aspen permanently prohibiting any future development of said lots. Further development shall include the application or crediting of the lots toward additional lot area for floor area, bedrooms and density purposes for all existing and future Aspen Alps Condominium Association buildings. For Lots 2A and 2B, further development shall include additional floor area, bedrooms and density or major new recreational facilities such as tennis courts and swimming pools..." The subdivision agreement prepared by the Alps to comply with the conditions of Ordinance 31, which was recorded in conjunction with the plat contained the following restrictions: "Lots 2A and 2B of the Property are hereby restricted pursuant to the provisions of Ordinance No. 31 as follows: (a) The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, hedroom number or density of existing or future Aspen Alps Condominium Units; (b) No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities such as tennis courts and swimming pools shall occur on said Lots 2A and 2B". Attached is a letter prepared by Leslie Lamont, the planner who handled this case for the City, explaining her understanding of the limitations of Ordinance 31, for your consideration. ,... ,... ... , ~ ~ .... " ,... ... - j~ ~ - .- , ,.. 1""' ... I"" .... ... Mr. Mitch Haas March 18, 1997 Page Three Because litigation was brought by a neighbor, Ajax Condominiums, against the City and the Alps relating to Ordinance 31, we have the benefit of a determination by the District Court that the ordinance did not prohibit the use of the lots for all development, but only prohibited the development of additional floor area, bedrooms, density or major new recreational facilities, as recited in the ordinance itself. That determination by the Court is, of course, binding on the Alps and the City. Proposed Uses The Aspen Alps is considering the possibility of applying for certain uses that would be built subgrade, beneath reconstructed tennis courts on Lot 2B. The proposed uses are as follows: 1. Parking structure; 2. Maintenance facility (for Alps vehicles only, to be located in the parking structure); 3. Laundry (for Alps use only, to be located in the parking structure); and 4. Affordable housing (for Alps employees). There are two ways in which the parking structure could be designed. One option would be a single story garage, to store cars used by the owners of the Alps units. These cars are currently stored in the parking spaces near the buildings, which means when guests bring cars, there are not enough spaces on the property. A second option would be a two story garage. The second story would be available for commercial rental. As we made clear to you during the meeting, we would only propose this alternative if the City encouraged us to do so. If staff feels this would be too controversial for the neighborhood or its impacts would be too great, we would not want to pursue it. Issues As we discussed during our meeting, there are several issues on which we need to receive formal City of Aspen determinations. These are as follows: 1. Zoning. Lot 2B is zoned R-15 (PUD). This zone district does not list "multi-family dwelling units" as either an allowed or a conditional use. However, it does list "accessory buildings and uses" as an allowed use. We believe the development of a parking structure (for use by Alps owners only), maintenance facility and laundry facility (also both for Alps use only) would qualify as accessory uses to the Alps, based on the following definition found in the Aspen Land Use Regulations: .... ". ., ~ ~..,." l'"\ ,-, '. , r-- r'" ... .... ~ ~ l'"\ ..... ~ .~ .... .... .... ,... . r-, ... Mr. Mitch Haas March 18, 1997 Page Four "Accessory use or accessory structure means a use or structure that is naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or structure of the premises; does not change the basic character of the premises; as determined by its principal use or structure; is subordinate in area, extent and purpose to the principal use or structure served; and is located on the same lot or contiguous lots under the same ownership as the principal use or structure. In no event shall an accessory use be construed to authorize a use not otherwise permitted in the zone district in which in which the principal use is located and in no event shall an accessory use or structure be established prior to the principal use or structure to which it is accessory. Accessory buildings or structures shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupation." (emphasis added) The above definition provides two key phrases (which I have highlighted in bold) that would appear to allow us to apply for the proposed uses, these being: * The accessory use need not be located on the same lot as the principal use; it can be located on a contiguous lot under the same ownership as the principal use. * The accessory use need not be a use specifically listed in the zone district in which it is proposed to be located; however, it must be a use which is permitted in the zone district in which the principal use is located. We hereby request that pursuant to Sec. 26.112 of the Aspen Land Use Regulations, the Community Development Director provide us a written interpretation of whether these uses would be considered accessory uses for which we can apply, pursuant to the provisions cited above. 2. Ordinance 31. Ordinance 31 prohibits the Aspen Alps from using the land area of Lots 2A or 2B to increase the floor area, bedroom number, or density of existing or future Aspen Alps Condominium Units, or to develop major new recreational facilities such as tennis courts and swimming pools on said lots. The City's concern in establishing this condition was to limit the Alps units themselves from growing in size or increasing in number from this additional land, and to avoid covering the open land with new buildings or recreation facilities. If the City felt that affordable housing was an appropriate use in this location, then we might propose an amendment to the prior approval as part of the application we prepare. The amendment would propose revisions to the existing restrictions in Ordinance 31, to allow affordable housing units to be developed. We would also want to clarify the language of the ordinance to state that re-building the existing tennis courts on Lot 2B would not constitute development of "major new recreational facilities". Please let us know what thoughts the City staff have on how the limits of Ordinance 31 would apply to our proposals. ... !: ,... - ".. ,... ",... !'"'\ .- , ~, ~ !I'!l"'l lI"i*! I!"" IIf!'1'!'. I'"' t, ~ ... 1"'\ .fIIIIl! Mr. Mitch Haas March 18, 1997 Page Five 3. Parking. As noted above, the parking facility could be designed to contain either one or two levels. We seek staff input as to whether a commercial parking facility in this location would be viewed as meeting a community need for parking or would be seen as having undesirable impacts on the neighborhood. If staff felt this idea is worth pursuing further, then we would also need your opinion on whether we are authorized to apply for this use. The L/TR zone district lists commercial parking as a conditional use. Does this listing provide the legal authority for the Alps to apply for this use, based on the language we cited above regarding accessory uses? 4. Application Process. We would appreciate it if you would advise us as to the process by which this application would be heard. Since the property is zoned R-15 PUD, we assume it would require PUD review. During our meeting, it was suggested this could be handled as a consolidated PUD or as a PUD amendment. Please provide us a staff position on this and identify any other procedures (GMQS exemption for housing, conditional use for commercial parking, etc.) that would apply. We very much appreciate the input that you have provided us so far and your continuing attention to this matter. Very truly yours, ALAN RICHMAN PLANNING SERVICES A-t~ /L: ~ Alan Richman, AICP !'"" t ..1 \ .... May 5,1998 EXHIBIT #6 - Mr:Alan Richman Alan Richman Planning Services Pp Box 3613 Aspen, CO 81612 !'"' Re: Aspen Alps ASPEN . PITKIN ... Dear Mr. Richman: COMMUNITY DEVELOPMENT DEPARTMENT - In response to your March 18, 1998, letter in which you request direction on a few key issues related to development on the Aspen Alps property, I offer the following comments and suggestions: """ Zoning. With respect to the accessory use or structure definition, you highlighted two phrases of the definition and summarized their meanings correctly. The R-15 Zone District does not- list 'multi-family buildings' as a permitted or conditional use.. This, however, does not preclude the development of an accessory use or structure Which would otherwise be - permitted if accessory to a permitted use. .... , .... ,.... Ordinance 31. To clarify the statement in Ordinance 31 concerning the development of major new recreational faciiities, re-building of an existing tennis court would not co~stitute development .ofa new recreational facility. However, the conditions of approval preclude recreational facilities in addition to those which existed at the time of the Ordinance. - , r- This Ordinance also precludes the development of additional floor area, bedrooms, and units on Lots 2a and 2b. The City Council would have the authority to amend Ordinance 31. However, due to the litigation which followed this Ordinance, staff would not encourage the Council to take such an action. I"" ~ Parking. The L TR Zone District does list commercial parking as a conditional use and the accessory use or structure definition does allow for an accessory use to be developed on contiguous lots under the same ownership as the principal use or structure as long as-the accessory use would not be otherwise disallowed in the zone district in which the principal.use is located. A parking garage might lie allowed on the 2b parcel to the extent in which it is accessory to the multi-family use. However, since parking for the existing Structures is currently provided, staff would question the appropriateness of providing additional parking. ,.. "... - (11IIIIIO A commercial parking garage can function independently from the residential use and is therefore a principal use. A commercial parking Structure may only be developed on a . lot which specifically permits the use. However, I would suggest that a commercial parking structure would be more appropriate closer to Aspen's downtown regardless of .... 130 SoUTH GALENA STREET' ASPEN, COLORADO 81611-1975 ' PHONE 970.920.5090 . FAX 970.920.5439 PrinledonRecydedPaper \ .... - /;,,,. .... ~ """" ..... ... r " ,.. - .... r; , ..., ..., ... !!!""II j r- I'"" , ~ ..., the zoning. Furthermore, staff would question the appropriateness of a commercial parking facility given the infrastructure limitations and the community's stated goal of limiting additional auto trips to and within the City. . Process. To the extent you wish to pursue the development of a parking garage or affordable housftig, it ma.y be worthwhile to bring forward your ideas with the Planning and Zoning Commission during a worksession. These meetings are not public hearings and are non- binding. This may give you a chance to fully understand the nature of the community's concerns for the site and the land use processes involved. For actual development, a Conceptual and Final PUD land use approval would be necessary. PUD's are reviewed by the Planning and Zoning Commission and by City Council. If the application is thorough and a second review would be redundant, I would propose a consolidated review by the Boards. Commercial parking in the L TR Zone requires conditional use and growth management approval. Housing would require either a growth management allocation or an exemption. Affordable Housing may qualify for an exemption by City Council after review by the Growth Management Commission. More than two units of housing constitutes a subdivision and requires review by the Planning and Zoning Commission and final approval by the City Council. Many of these reviews may be combined. Depending upon the development proposed, staff can provide a summary of the submittal requirements and review criteria for an application. ' The foregoing opinion is advisory in nature only and is not binding on the City. The opinion is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The opinion does not create a legal or vested right. The City encourages you to consult with your personal attorney or representative. ..c vatery truly Yrurs, -..... Y- Stan lauson, ASLA, AICP Community Development Director City of Aspen cc: John Worcester, City Attorney \ ~ ~ ,... EXHIBIT #7 - ,-. ~., DRAINAGE CALCULATIONS ~ FOR - M ASPEN ALPS PARKING STRUCTURE r- ASPEN, CO - HCE JOB NO. 2000052,01 ... i September I, 2000 Revised: October 3, 2000 "" ~ r- ~ rS ,M7 Deric J. Walter, E.!. Design Engineer .::: ~ Reviewed by: Roger D. Neal, P.E. Project Manager .~f~~::"'" ~,'; iilsrp~' . ~}'~::~~~;:~:~~ -"'~.""'" .~. 'i'. O. 1\;;; ',,0 . t:: ';:>,...c/f;:,.. '1<, "\ '" H ,:'':.,<'/0 'o.' ~:~'.{ I a: .,: ~ n ZSGl'~J! ,:';: ~ ":t.~~~\,.. ,-' ..<,,;;€?I \... ':J.... ".".' .... " ,,' .'--(' "., ......... ''','.,..' '('".... ,-..' ",,~~'~"~\;;\i ,\:'~ '..1:--,7" ~~ .., '.- ..c/ "'~':s.:'-!;S;::>'" r- fIII1II'I'I>. "'" I, Roger D.. Neal. P.E., certify that the proposed design, constructed in conformity with engineered plans and details, will not cause damage to adjacent or downstream properties resulting from erosion. flood or environmental impact during construction and after completion. This statement is not valid for storm events outside design parameters or circumstances beyond my control. "'" k; hvp\2000\052\drainage:doc r""\ 923 Cooper A venue Glenwood Springs. CO 8160 1 Telephone (970) 94S.g676 . Fax (970) 94S.2SSS 14 Inverness Drive East Suire B-I44 Englewood. CO 80112 Telephone (303) 925.{)S44 - Fax (303) 925-0547 ~ ... ... r- SECTION INTROJ)UCTlON HYDROLOGY DRAINAGE PLAN SUMMARY r" r" DRAWINGS: !\III!IPc APPENDIX: ... ... JII""'! ~ ... ,.. ... ,.. ... - ~ ... TABLE OF CONTENTS PAGE I I I 1 Vicinity Map (8.5" x II") SCS Soils Map (8.5" x II") Grading and Drainage Plan (11 "x 17") Drywell Detail (8.5" x II ") Calculations ,'" ~ INTRODUCTION .... The proposed residential development is located at the intersection of Ute A venue and Aspen Alps South R.oad in the City of Aspen, Colorado. This project proposes the construction of a new two-level subterranean parking garage wi maintenance and laundry facilities, three employee-housing units and two rooftop tennis courts in place of two existing tennis courts. See the enclosed Vicinity Map for site location. ... ~ HYDROLOGY .... The hydrologic methods for this study are outlined in the City of Asp<,;n Interim Standards for Drainage Design and Erosion-Sediment Control Practices. Peak on-site flows in this area will be primarily rainfall derived. Therefore, the storm drainage system should be more than adequate to handle on-site spring snowmelt runoff. According to the Flood Insurance Rate Map, (Community Number 08097C, Panel 203C, Revised June 4, 1987) produced by the Federal Emergency Management Agency, the entire site is not located within the I OO-year or 500-year floodplain. .... ... " DRAINAGE PLAN .... ... The drainage basin for this study was taken as the property boundary. Sadeghi Associates provided the boundary and proposed planimetrics. All stormwater runoff from the proposed building will be captured by swales leading to the proposed drywells. The detention volume required is based on the volume needed to lower the peak from the I OO-year runoff under proposed conditions to match the I OO-year runoff from the basin's natural conditions. The average of three different methods (RationaL Empirical and modified F.A.A.) was used to calculate the detention volume required. The general storm water runoff patterns are shown on the enclosed Grading and Drainage Plan, along with the general location of the proposed drywells. A detail for a typical proposed precast concrete drywell is also included in this report. Even though the drywell sizings are based on the I OO-year storm, acceptable overflow paths should be provided. Overlot grading shall ensure that drainage is directed away from structure in all directions. .... ~ .... ... SUMMARY .... 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"'"''(}....'''.'." /". . 'l..--:j t." . t -,,"-r. " ':'.v'. I'.'" "\ '\",\I':"":"""I ;,,\,' :^"<';-C:'::<:, ,;... t..~, 'I' f. "..c. f ' ... . ':. ,',' 'o. "'""",, . "'--::;-''':_'_'' . . , . 0# j J . . .' .", ". ~ ... .... '. , \ ] , , \ J J J J J 1 I HIGH COUNTRY ENGINEERING. INC. 923 COOPER AVENUE GLENWOOO SPRINGS. CO 81601 (970) 945-8676 ASPEN ALPS CONDO ASSOC. ASPEN, COLORADO ASPEN ALPS VIClNJT( MAP '''=2000' VICINITV,OWG DES. DJW CK. NOE DR. DJW DATE 9/~/OO I FILE NO. 2??oo52.01 SHEET OF Jl ] ] Jl ] jj J J ! 1 II """ (" -~" ':t;:'" ", o.:!.':,:.., ~_ ,,"" _, 'y ':0' ~ . ..',)'/t17 "" . ~:::.",\ .S', \, ........ ,'l! ~"-~ ..~,~ ',_ ,/,~ '____'<~ '"", ,'_ v- ,,< \>~." ~~~::.''''. "0~.." h" '<<z"" .".-~ \~:~'~~:-, \ '".,.,' ~~~, .,.. /-;,::;~>i,~; IUY~ . '- ~" '. //~~, l'~~i}~ \ ~"J~~,l" ~~.........."'\:~., --r::;:"'i-/ r ...~-'::::::~ -'-,,-,:,,' ..,.. ",. ~,.----..... ..' 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" \\ '\ . ,..) i i;:~((;l~~~~" : F '..:\ """_ , ",Q .=, /~--- -. / / / , 1 j J 11.7 J J , j ~$; SOIL TYPE 76' MINE LOAM (12-25% SLOPES, DEEP, WELL DRAINED, RAPID PERMEABILITY) HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945,,8676 V1CINITY,DWG ASPEN ALPS CONDO ASSOC. ASPEN, COLORADO ASPEN ALPS SCS SOILS MAP 1"=2000' DES. OJW CK. NOE FILE NO. s,...::r.:r 2000052,01 0= OR. DJW IDATE 9/4/00 MCO ^' OlonlS N:'lrSJO N'fNMJI>I !:IJd SllJMA!:ID 31'1':)0;301 NJdS\I ~O All:) !:IJd O,OJl:I SV S1'3MAO/O 00'" NOrSIAJl:I NdXJ ;31I~ 00/l/6 l.lVO NO!:! '>10 Mro "OlD Mro 'S30 0011<:1010:1 'N:J.iS\f '::JOSSV VjnlNll'IOONOOSdllf N3dSV sm:-iM (otel"X:l lU.09-M (0lS)l.W 109l800~<JOO.t.VG1O 3I'W3hV~1211 ':)NbMl:l3at<<lN3AWt.YlOOhtlI4 :'\!i' AOtUS 3OYNlVoo Nlf1d 3O'fflIWa pull ONICM:IO 3!ltU.:lf1I!LS ONl_d SdlV N3dSV IO/6!Z '(; DO/riD I 'I ).LifO ON ~ ~ '. II ~g. t-.t /12~ 8 ~~~ i~ 1'1 II. , ~ ' I' I I 1.1. , , 'I' '" ~ < , , u ~ '" ~ u ;: , "- < , "' " o ~~'" ~i5~ @" ~g '. 80 " ., ~~ , .';..,...., :;(1 ,.",' ;.:t:.:j" ;::;::,':i ',..;':'.~ " , , I , J-- / ".,C,__. '__'''"". _"__.~_..c. ~ / I f ~ '0 . , I" I~ " --,~ /~ / ~,} ~,_ 8~~ .......,~ '0 '-'WD, a ~~, .......~ ,.~~~o '" ',~........, QQQ~ ~ .t:J,.,~ \:Jc)....... styo:;" .......... '~ ......., '\ ~" ~ I ~"'" /" M~ / a;~e / ~)F / & / ! ~! !h~ ~~ /i'1m. ~ / \Cf]f) ~ ......./ 1/ ' , ............... CI) WW 01- <(::::! o:U <(<( g? ou. 0: 0>- ::) Z~g?8 ~Z- O:::)ZCI) <(<(::)- Q.....JO~ ...JOZW WZCI)I- [j<(::)Q.. -'WOO C\lu=F1i: OZC':lO W<( 0 Cl)Z 0: O~ I Q..Z C\l 0- 0:<( Q..~ ~ 1/ /.,,,,,;' I I / I I I / I I//~ 5~ / / ~i / ! \ II I / 8........ /;;klll [(\......./ ....... -- ~ ----- ......., (1/7021 -.......---------- .!/ L /) 0 -----"':.: _. S Sd7/7 i\I<?dS/7 , 1/ / I i~1 /~ , > /;' , /t L I /1 '- - - _____ i " .~, o "r :g~b &~, _, / ;;)('~~e -~ ----- '-.. - ~ " c ~ w w ~ ~ a " , - ~/ - - - ----- - - ----- - i ~ ~ ~ " " ~ ~ ...J W :;:: >- 0:: o t:! w, 0:::" U' Z o U f-- (f) -< U w 0:: 0., , , 7 I - ---- ~ r-- 1-- -- 1002 j7g :gg :11 gl qaj nWl 6Mp'udxa\5MP\2g0\0002\rOtld~SOS\:r ~"",J 'r-J'~n ,', ';~~--l ~,~j0 ~ r--- ,..--... ~ ] j ] .Jl ~ J II ,.., I J I II -I j j , I I J I ,... ~ ,J J 8" PVC PIPE I; TYPICAL GRASSED AREA l' MIN. TOPSOIL II CONE SECTION ... _0..." " 0"''' "... ,," " ,,"'" " 000 o 0 o ~-:, ~~ 7,:;" '>> '<< 'A.::<' >>> ~ ~< y~ ://-:: 5" < 1 STANDARD RISER SECTION(S) 6'-0" o PERFORA TED RISER SECTION(S) 1-1/2" CRUSHED STONE = = = = = = = = = = = 30" MIN, < = 12" " ... " ,;"""0,, co "0"'0" / ,,"'" ",,"'" "" ... -"..." ... (> 0"'0"" ..." ,,"',," " ... """'0000...,, 0-0" " 00""',, ,," 0",,"'0 00",,"'0 "00",, -0,,0 " " " " " " " " NOTE: 1. PRECAST MANHOLE SECTIONS TO MEET ASTM C-478 2. BACKFILL EXCAVATION AROUND STRUCTURE WITH COMPACTED 1-1/2" CRUSHED STONE, TO TOP OF PERFORATED SECTIONS. 3. OVERALL DEPTH. MINIMUM OF 14'. 4. PERFORATED SECTION, 5 FT. MINIMUM INTO PERVIOUS ALLUVIUM, PRECAST CONCRETE DRY WELL N,T.S, J HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8676 REVISED: 10/3/00 ASPEN. COLORADO ASPEN ALPS DAYWELL DETAIL DRAINAGE STUDY DR. DJW DATE 8/31 /00 2??oo52.01 OF RON F:lE NO. SHEET DES. DJW CK. EXPN ""' ~ .... .... ,... .... A endix - .... ... .... ..... ... .... I'"'. .... ,... .... ,r- .... ... ... - ASPEN ALPS PARKING STRUCTURE DRAINAGE CALCULATION 9/28/00 (Revised) HCE #20000:;2.01 :/wplfile/2000/052!dTainage-rev.xls Historic Conditions Area (total): 35,328 sf 0.811 ac. I"" j!IM: Time of Concentration. T . Velocity Method Tc= .....L = V L k * sqrt(S) L= S= k= Tc= 300 ' 10% . 0,25 (Forest) 379 sec. = 6.32 min. 9.00 min. (ITF) .... ... If use: - Runoff Coefficient. C: C = 0.14 . . + (Forest. Aspen/Oak, Sod Type A, 6% ) II'IIii! - Rainfall Intensity. I: 5-yr = 1 OO-yr = 3.9 in/hr 6.5 in/hr (ITF) (ITF) ..... Discharge. q: q=CIA q5 = qloo = 0.443 cfs 0.738 cfs .... ~, ~ 'Hydrologic Analysis and Design, R. McCuen, Prentice Hall, 1989. - ~: ~. '~ ,.,i .,..... 923 Cooper Avenue Glenwood Springs, CO 81601 Tel.. (970) 945.8676 - Fax (970) 945-2555 141nvemess Drive East Suite B-l44 Englewood. CO 80112 Tel.. (303) 925-0544 - Fax (303) 925-0547 ,~ ASPEN ALPS PARKING STRUCTURE DRAINAGE CALCULATION HCE #2000052.01 Proposed Conditions 0.811 ac. 0.443 ac. 0.248 ac. 0.120 ac. Area (total): j5,318 sf Impervious: 19,290 sf Landscaped: 10,790 sf Forest: 5,248 sf Time of Concentration. T Velocity Methol Tc= ~ ~ r- 9/28/00 (Revised) .... .... '.,....$ r- .... .... ... Runoff Coefficient. C: CI = 0.96 C2=0.15 C3 = 0.14 Weighed C = 0.59 Rainfall Intensity. I: 5-yr= 100-yr = .... ,... ",.,. ,.. Discharge. q: q=CIA ~ :/wp/flle/2000/052/cfrainage.rev.xls LI kl*sqrt(SI) L3 k2*sqrt(S2) LI= SI= kl= Tc= L2= 230 ' S2 = 1% k2 = . 1.50 280 ' 10 % . 0.25 + 508 sec. = 8.46 min. 9.00 min. (ITF) use: . . (ImpervIOus) '(Landscaped, Average, 2 to 7%) '<Forest, Aspen/Oak, Soil Type A, 6%+) 3.9 inlhr 6.5 in/hr (ITF) (ITF) q5 = qloo = 1.869 cfs 3.114 cfs 'Hydrologic Analysis and Design, R. McCuen, Prentice Hall, 1989, .... "" ~ ~C.h' ~&//V/""?r //C//V..C-..C.-/'P'///C 923 Cooper Avenue Glenwood Springs. CO 81601 Tel" (970) 945-8676 . Fax (970) 945-2555 14 Inverness Drive East Suite B-I44 Englewood, CO 80112 Tel" (303) 925-0544 - Fax (303) 925-0547 .... ,... r""" ".. ASPEN ALPS PARKING STRUCTURE DRAINAGE CALCULATION 9/28/00 (Revised) HCE #2000652'.01 :/wp/file/2000/052idrainage.rev.xls Detention Calculations Rational Formula Hydrograph Method: V ST = 0.08264 * (qp-qH) * tH FAA Method: Q=CI90A 190.100= 1.5 inlhr QH90, 100= 0.170 QP90.100= 0.719 V S=(Cp90.100-CH90,100)*90 min*60sec/min. Vs= 2,961 c.f. ".. ,... ".. - qp.5 = qH.5 = tH = .~ S-Year: VST,; = ".. 100-Year: V ST.lOO = ~ Empirical Method Vs=kA "" V= s - ".. ... Average: - Vs= 'f..' ~ .... ,~, 1.869 cfs 0.443 cfs 0.15 hr qP.100 = 3.114 cfs qH.IOO = 0.738 cfs q,cfs = 0.01767 ac-ft 770 cf qH = 0,02946 ac-ft 1,283 cf tp tH t, hr k = (1.78i-0.002i2 -3.56)/1 000 k = 0.0876697 3,097 d. i = % imperviousne i = 54.6% A= 0.811 ac. *Wright-McLaughlin ITF Curve 2,447 c.f. ... 923 Cooper Avenue Glenwood Springs, CO 81601 Tele: (970) 945.8676 . Fax (970) 945-2555 14 Inverness Drive East Suite B-I44 Englewood, CO 80112 Tele: (303) 925-0544 - Fax (303) 925-0547 f"" - ;; r- ~ I' ~ 1"'" ... 1"'" !"" ,... ... jI!IIIlJl!, ,... , ' W'O ., ~ r-: r- ,.. ,.. 1;', ~ ,.. "" 0:: =- f-o U =- 0:: f-o IJ) Q Z .... ~ 0:: ~ c... IJ) c... ....1 ~ Z "" c... IJ) ~ Z C ... f-o -<t f ....1 _ <f) ~ 0"::: Q) U - s: ...J~]~ -<t",-O U=>u => "<t ~5 Q~ -<t"" Zu .... :c -<t 0:: o ., " ~ '0 g '- ~, ~ (! .:< ~ ::; ,. <1l >,:5: ... 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Q)~CO '+- M l.() co "" -.::s: -Scci<.D":::t"(') NL{)CO~:;:! ro ~ <lJ I'll .o"r Cii..- <.0 (j) ~ to l"'-- 0 -5j ~ O)I"-(QVN....-- 0 (QO)Nl()CO........G:i..c: ..- N N N M 3: ...... 2:- "0 Ql "0 %E <lJ :J "0 E <lJ ~ c: ~ E <lJ I'll o ... i!! I'll ::J '" <J>~ NO>(O '" 0 cO o;;t..- ~..c: m N t{') ..a t: ........ N N ctS o E cD <J> ... c: Ql "0, ...... <lJ Ql (0'" .oE l{) N o:i ..c: .~ ~~~ g.-c "O(!) Q; ... > :J i:' 0 <..9- cacococooocorocococoCQ NNNNNNNNNNN <.D<.Oc.oc.o<.D<D<.D<.D<D<DCD ....... 000 ~oc:i~ OJ '" t--:;:cO'<;f""l"""" ~m"l""""'<:tt-- ~ -00 .soo 000<.0("<') L()........COLO mc.o~~ ~ "" NcO (ON "'",. E~ g.'~ g V 1.O CD r-- co m ~ ~ 0> N"''''' ~ ill ~ ~~ ~ Ql .!:: I- \( .,. .,. ~ .., ~ ~, 0' " ~ '"'I ~ f5 ~ ...:~ 1.> v e .., .., ~ ~ ::: .,., ~ :.J "I i: ~=- 1..>:':::; '::: E r. 6 ::': o :::; ~ I\il \l ~, ~, ~, C' ~, 3-; ~ ~ r::: ::.:; 2. -< ..: .~ ,.~ jJ'- _ z r::- :-;: ~, "I 'r. =- ;.;.;: ,--~ .s '0 " ~ ~- Allen G. Thurman, P.E., Ph.D. EXHIBIT #8 ~ ~ .... January 1~, 2IJO'l .... , ~ Ms. Pamela Cunningham Aspen Alps Condominium Association 700 Ute Avenue Aspen, Colorado 81611 ~- ,... Geotechnical Conditions, Proposed Parking Garage, Housing and Maintenance Facility With Recreational Roof Area .... Dear Ms. Cunningham: ~ At your request, I have considered the geotechnical conditions including groundwater which may be altered by converting the present at-grade Aspen Alps tennis court area to an essentially buried building which will provide a combined parking garage, housing and maintenance facility. The roof of the proposed building will be approximately at the same elevation as the present tennis courts and will be used for continued recreational purposes as re-developed tennis courts. ... - 1.0 Site Location If'" The existing two-court tennis recreational facility is located at the southeast corner of Ute Avenue and Aspen Alps South Road. The planned replacement structure and recreational facility will be at the same location and will occupy approximately the same area. The Aspen Chance Subdivision is located south and east of the tennis courts. The tennis courts existed before the Platting of the Aspen Chance Subdivision. .... ~ The proposed two-story structure will be positioned in approximately the same location as the present tennis courts: the structure will sit back from the north property line at Ute Avenue by a variable amount, averaging about 30 feet, with a 12-foot minimum; the set-back from the east property line will also vary, averaging over 25 feet, with a 15-foot minimum; except at the existing parking lot, the set-back from the south property line will be 10 feet; the set-back from the west property line at Aspen Alps South Road will be 28.5 feet except at the stairwell where it will be 21 feet. , I'"' r- , A parking lot exists southwest of the tennis courts, parallel to Aspen Alps South Road. This parking lot will be unchanged and will continue to serve the new facility. - f' ... The roof elevation of the proposed structure will approximately match the existing natural grade at the south property line, similar to the present tennis courts, The present hillside fill parallel to .,- 5455 S. Clarkson Street Greenwood Village, Colorado 80121 Tel: 303.761.4555 Fax: 303.761.6684 athurman@denvermoscow.com I"" ~ Ms. Paula Cunningham Geotechnical Conditions, Proposed Parking Garage, Housing and Maintenance With Recreational Roof Area Page 2 .... Ute Avenue will be replaced by an architecturally landscaped zone and the finished face of the proposed facility. ..., The lower level of the proposed structure will be approximately 3 feet above Ute Avenue; drive- in access is planned from Aspen Alps South Road,ne~r Ute Avenue, The sElco~<J level 9f thE;l prbpo~ed structure witt have drive-in accesS froTh ASj5E!'ri Alps SouffiFfoaCl,apptdxirnatefy 130 feet south of the intersection with Ute Avenue. Access to the roof will be from the existing parking lot, similar to the present access to the tennis courts. Secondary people-access routes will be positioned for convenient use and required egress. ... . ... 2.0 Construction Requirements 2.1 Construction Management and Site Staging I"" ~ The construction management office will be temporarily located in the open area north of Aspen Alps Building 300. As necessary, the area will also be used for the staging of construction. Once the site has been excavated, construction materials and equipment will be positioned within the footprint of the proposed building to the extent practical. ,.. During construction, most concrete will be unloaded from within the work site. Only finish work such as driveways and walkways will require operations from Ute Avenue or Aspen Alps South Road. Similarly, most pre-stressed concrete pieces will be lifted while the crane is within the work site. Only the final pieces will be placed from outside the work site, and even then it may be possible to position the crane between Ute Avenue and the proposed building. t-' ~, 2.2 Excavation of the Site Soils ,... r The space for the proposed building must be excavated. Additional geotechnical investigations are required to confirm the conditions which will be encountered. However, it is believed that most of the existing soils have been influenced by historic mining, Thus, the soils are likely to be mine waste, perhaps with some mill tailings, variably mixed with comparatively loose clayey sands and gravels. Beneath these soils are dense clayey sands and gravels which have been consolidated by glacial loading. At the depth required, excavation can probably be done by common shovel/grader equipment; blasting is not anticipated. ~~ ... ,.. - The soils to be excavated may contain heavy metal contaminates. Historically, such contaminates have not been considered a problem, when left undisturbed. However, during excavation and haulage, undesirable dust could develop. If necessary, surfaces of dry soils being excavated, and the resulting loaded trucks, will be lightly watered for dust control. ,.., 2.3 Stabilization of Excavated Slope ,... Along the south side of the excavation, and perhaps at the south end of the east side of the excavation, the cut face will be too deep to remain stable without temporary support. The specific engineering requirements for this support are not yet known; additional geotechnical investigations and testing will be required. I"" t- ,""" ~ Ms. Paula Cunningham Geotechnical Conditions, Proposed Parking Garage, Housing and Maintenance With Recreational Roof Area Page 3 - The preferred method to stabilize the slope will probably be by "soil nails" installed in rows four or five feet apart as the excavation process progresses to deeper depths. Soil nails are steel rbds drilled into th~, soil and grou\~d in place. The resultin!:1 reinforced zone of soil provides CI stable excavation face and prevents movement of soils and structures beyond the excavation zone. With the excavatio~ supported outside the building dimensions, the final foundation wall can be constructed with typical forms, reinforcing and concreting. "'" r- Assuming a soil nail system will be used at this site, it must be understood that the nails will extend beyond the Aspen Alps property. Thus, an easement agreement will be required with the adjacent landowner. Although the soil nails will serve no purpose once the proposed structure has been constructed and backfilled, they will be left permanently in place. ... ".. If an easement agreement with the adjacent property owner is not available or practical, alternative methods to structurally support the excavation are available. For example, the final foundation wall, restrained by soil nails, can be constructed by shotcrete methods as the excavation progresses. In this process, the final wall also becomes the face of the excavation and the required soil nails are within the 10-foot set back. ~ 2.4 Delivery of Materials ,... - .i Some construction materials will be delivered to the staging area in the open area north of Aspen Alps Building 300. This will require transport on Aspen Alps South Road. Haulage of excavation soils from the site will be to Aspen Alps South Road near the intersection with Ute Avenue. Once the site has been excavated, much of the construction materials can be delivered directly to the area of construction. .... ! The trucks used for excavation haulage and for delivery of pre-stressed concrete pieces will impose heavy loads. The primary streets of Aspen are designed to support such loads. However, roadway edges at the construction site may be damaged during the project. Corrective repairs of such damage will be made, as necessary. ,.... I"'" 2.5 Visual Impact 1"" Work activities over an area approximately 150 feet square will be underway during construction, As viewed from the Aspen Chance Subdivision on the south and southeast, this construction will involve a two-story deep excavation requiring safety fencing at the boundary; this is typical of a development project of this magnitude. From Ute Avenue, the deepest excavation will actually be slightly above street level. Although the construction will be obvious from Ute Avenue, the appearance will automatically emphasize the opening up of a new area with promise of favorable land improvements and community enhancement. ..... , ~ , When compared to most construction projects, this project will be short term. Although there will be negative visual impacts during construction, the resulting site improvements will soon appear. .... , "'" I"" ,... "'" Ms. Paula Cunningham Geotechnical Conditions, Proposed ParkIng Garage, Housing and Maintenance With Recreational Roof Area Page 4 3.0 Foundation Requirements ... ~., 3.1 Ease of Excavation <"'"'Ii As discussed in Section 2.0, particularly in Sub-Section 2.2, excavation at this site is not expected to be complex or difficult. r- , As noted in Sub-Section 2,3, the deep excavation across the south and southeast portion of the total area wili require ground support, probably by soil nails. Sloped or benched cuts will probably suffice along the west side and from the center east side to the front of the structure, Excavation in these side zones will not be deep; in addition, these zones have a greater set- back distance from the property line which will provide space for sloped and benched cuts. !"" ,.... 3.2 Type of Foundation ~ The soils at the foundation depth for the new structure have been loaded by the natural weight of the site soils for many decades. The excavation process wili unload these soils by approximately 2500 pounds per square foot. The proposed structure wili impose new loads through the structural foundation system, creating pressures which wili be only moderately more than the existing pressures. .... il!"'"!I These facts suggest that the proposed structure will be founded on spread footings. To determine the aliowable design bearing pressures, additional geotechnical investigations and testing wili be required. However, the construction of a stable structure can be assured. Because of historic mining and the presence of fill soils, isolated pockets of 50ft soils may be encountered at the depth of the foundations. If such pockets are found, removal and replacement by compacted structural backfili wili be required, r- .... The structural design for the building wili require attention to the lateral loads applied by the backfili across the south side of the building. The magnitude of these loads wili not be uncommon, and the loads can be resisted by the natural site conditions without difficulty. fI"" 4.0 Surface Water Factors ,... , 4.1 Regional Factors r- The primary drainage control for the general area was developed for the Aspen Chance Subdivision. This intercepted the historic flow of Spar Gulch near the southwest corner of the Aspen Chance property and diverted the water east and north to the river in a controlied manner through an easement dedicated to the City of Aspen. This drainageway wili not be influenced by the proposed work. ,... ... Secondary drainage for the general area exists west of the Aspen Chance Subdivision, west of Aspen Alps South Road, on Aspen Alps property, This drainageway wili not be influenced by the proposed work. .... ,... )', r"' - Ms. Paula Cunningham Geotechnical Conditions, Proposed Parking Garage, Housing and Maintenance With Recreational Roof Area Page 5 4.2 Site Specific Factors i"" .... No drainageway crosses the existing tennis courts and parking area. Rather, rain or snowmelt from the tennis courts and parking area flows off to the sides. Because of tennis court paving, the existing runoff (as opposed to infiltration) is one hundr~d percent. The proposed structure witf not produce a change in the site runoff. However, the constructed garage and housing structure will incorporate features designed by High Country Engineering to control this runoff. Immediately west of the Aspen Alps property, on the Aspen Chance Subdivision property, the grading, vegetation and land use does provide for surcharge surface water flow to Ute Avenue and Glory Hole Park. When final plans are made to redevelop the disturbed soils and backfill along the east side of the proposed structure, consideration will be given to how the two areas may relate for maximum mutual advantage, without changing the existing drainage path. - f .... .... 4.3 Construction Controls !"" " ., As noted above, this site does not intercept primary or secondary drainages. Thus, surface water control at this site will be limited to precipitation over the site itself. This will be collected naturally in the excavation and typically handled by natural infiltration. Unusually heavy precipitation events during construction may cause delays or require pumped discharge from the work site to appropriate outlets. ,... ,.. 4.3 Post Construction Conditions ~ The proposed structure will not produce a significant change in the site runoff. However, as noted in Section 4.2, the constructed garage and housing structure will incorporate designed features which will more specifically collect and control this runoff. Of particular note, the post construction landscaped areas west and north of the building will provide more natural soil/slope/vegetation areas than now exist on the steep sides of the tennis courts, I"" " 5.0 Groundwater Factors ,.. 5.1 Potential to Intercept Groundwater I"" The present tennis courts sit high above Ute Avenue and Aspen Alps South Road. If groundwater at this site is at a depth that might be intercepted by construction of the proposed structure, it is probable that seeps would presently be visible on the slopes which side the tennis courts. Such seeps do not exist. Further, it is probable that the groundwater depth, even during spring runoff, is well below the utility trenches in Ute Avenue. Therefore it is reasonable to assume that construction of the proposed garage and housing structure, which is to be founded at an elevation higher than Ute Avenue, will not intercept groundwater. ~ r" ... The south side of the excavation may intercept soils wetted by infiltration of surface water on the adjacent property. This may cause temporary discharge to the excavation, but if so, the volume will be small and not of significance to the regional groundwater conditions. - ".. - 1""1 Ms. Paula Cunningham Geotechnical Conditions, Proposed Parking Garage, Housing and Maintenance With Recreational Roof Area Page 6 ~ 5.2 Potential to Influence Groundwater ... .... Neither the construction process nor the completed stru~t.yre and, ,its use will influence groundwater. Like the existing condition, essentially all surface water will be discharged to regional waterways or storm sewers rather than allowedtolocally i,nfiltrateto the groundwater system. No land/building uses are anticipated thaf could cause contaminate discharge to the groundwater system. The construction process will require backfill next to the structural foundations. Such soils are anticipated to be more permeable than the presently existing soils. Thus the backfill zones will probably allow more infiltration of suiiace water than presently occurs, particularly along the south side of the structure. This water, if any, will be collected by a foundation perimeter drain system and discharged in a controlled manner ",-, r ,... r"' 6.0 Hazard Potential 6.1 Use of Excavated Soils ,... It is anticipated that all soils excavated from this site can be used for common fill and land development. It is not anticipated that they could be used for topsoil and rich vegetation nutrients, A limited percentage of the total excavated soils may be re-used to backfill the constructed foundations. .... .... ~. There is slight potential that the soils to be excavated contain contaminates which should place restrictions on the use or disposal of the soil. This potential will be assessed during additional site-specific geotechnical investigations and testing, The findings will be shared with Aspen's Environmental Health Department to confirm that safe use or disposal of the excavated soils is employed. I"" .... f.. 6.2 Slope Stability and Rock Fall r"' This site is in an area of only moderate topographical relief. It is not located in an area which might be influenced by slope stability and rock fall in the normal sense of such hazards. !"" The excavation work required to complete the proposed facility will create an excavated face that will require temporary stabilization. Procedures for such stabilization, with predictable factors of safety, are available by common construction practices. ~ In areas where the excavations will not be so demanding as to require engineered stabilization, the conservative standards of the Occupational Safety and Health Administration (OSHA) will be followed. ,... 6.3 Mud Flow ,... This site does not include or cross areas which have potential for significant ponding or fiow of water during precipitation events. Without such water, it is impossible for soils to be so wetted that they might become active mud flow, Thus, this topic is not a potential hazard at this site. .... ,... l'"\ ... Ms. Paula Cunningham Geotechnical Conditions, Proposed Parking Garage, Housing and Maintenance With Recreational Roof Area Page 7 6.4 Mining and Subsidence ... ~. The general area of the ~xisting tennis courts and the Aspen Chance Sujxfivision lands south of the tennis courts were greatly influenced by the Chance Mining Claim, particularly with respect to near sUrf,ace s()i1s of mine,waste and mill tailings. But the collapsed Durant Tunnel mine portal is 500 feet from the tennis cOurt property, and it is believed that fhere are no mine workings at or near the property. Studies for the Aspen Chance Subdivision, including review of mine maps at the U.S. Bureau of Mines and Colorado School of Mines, found that most of the mine workings were south of the Subdivision, about 100 feet higher in elevation. Other workings were identified about 450 feet west and 450 feet below the Subdivision. It was concluded that neither of the workings would influence the Subdivision, and this Aspen Alps project is even less likely to be affected by subsidence or other aspects of the historic mine. ~ .... !"" 7.0 Quality Control ,.. During final site investigation and design, each of the above topics will be reconsidered to prevent surprises and to ensure that the finished project will be a major improvement for the nearby community and the overall City of Aspen, Also, as may be appropriate, requirements will be written into the project specifications and contract to limit potential geotechnical problems from developing during and from the construction process, r- .... 8.0 Summary !"" Aspen Alps Condominium Association has proposed construction of a parking garage, housing and maintenance facility at the southeast corner of Ute Avenue and Aspen Alps South Road. Currently, two tennis courts which are in poor condition and deteriorating are on this Aspen Alps site. It is planned that the roof of the proposed structure will be approximately at the same elevation as the existing tennis courts and will be used for recreational purposes as re- developed tennis courts. ~ I"""'lI This letter report presents an assessment of the geotechnical conditions which may influence or be influenced by such construction. Also considered are surface water and groundwater conditions at and near the site which may influence the characteristics and stability of the site. It is concluded that the proposed work can be safely completed using standard construction procedures. I"" .- The proposed work will require haulage of outbound excavated soils and inbound construction materials such as prestressed concrete pieces. The load imposed on the streets of Aspen will be well within their designed capacity. ... ; From the south and east, the constructed facility will not significantly change the appearance of the site. From Ute Avenue on the north and from Aspen Alps South Road on the west, the constructed facility will be an architectural improvement, including landscaped areas between the road pavement and the structure. Because the excavated depth will not extend below Ute Avenue, visual impacts during the proposed construction will be modest. ,...,. .. ,., ~\ ... Ms. Paula Cunningham GeQtechni~al Conditions, PropOsed Parking Garage, Housing and Maintenance With Recreational Roof Area Page 8 "" The required work will not involve uncommon construction hazards, nor will the work cause or even influence potential regional hazards such as slope stability, rock fall, mud flow or mine subsidence. I.t is likely that the soils excavated from the site can be used for common fill and land development. Further geotechnical investigations and testing are required in this regard. ,In the. unlikely event that contaminates ar~ found in concentr~tions "'{hich may impose Signific\;tnt risks, the i9xca-vatedsoils "'{ill be disposed of by metnods established in consultation with Aspen's Department of Environmental Health, r-'I ... As a geotechnical engineer with experience in the City of Aspen, and experience in construction 6f the type and demands being proposed by Aspen Alps Condominium Association, I conclude that the proposed construction presents no unusual geotechnical requirements, Further, the constructiO!lllrbcess and the resulting facility will not be detrimental to surface water and groundwater conditions. And the work does not involve nor will it cause geotechnical hazards. ... ~ Additional site specific geotechnical investigations and soils testing are required to confirm the anticipated conditions, to establish design criteria to support the excavation face, and to identify acceptable foundation bearing pressures. Also, it is recommended that a Quality Control and project Observation program for geotechnical factors be implemented during the construction work. - , ~ ~. ~ ... ""'"" ... ... ... ~ ... ... __J Dear Aspen Alps: At their meeting on September 25. 2000. r...'l.e Aspen School District Board of Edu;:ation formally accepted you donation weight rOom equipment to ASpen High School to be used by the FE department, all athletic teams and the Aspen Vaney Ski Club. The School Board greatly appreciares your generosity. ... w .., ~ . ,... !"" September 2,7.2000 ... i""'" Aspen Alps 700 Ute Ave. Aspen. CO 81611 ... r""'\ ~ Sincerely. !!"""l ((7'Jo.. 1- iY.-u-u. Tom Farrell Superintendent ..... .... Ivj ,... ~ ~ ... ~ ... r JAN 3e 2~2: 14=26 ~ .~ S P -r.- ~.~ . l.tl,,~t JiOSI r'1i,'\ . EXHIBIT #9 ~235 !iir;lt 5<hoollto.d . A>pen. colo..d. S1612 970/925-341>0 . r.>x 97Ui9:l5.;721 I I I I , , I i i I i I i [<; 9729255721 PRGE.~2 ** TDTt'lL PAGE. ('1 "'* ,... ~ !II!IIl!! I""! ,..... .... 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I ""'" OpeJOIOO 'UadSIB 'CIS" .; c ~@0~~@@~@~ ."P SNOI1'v'^3131:1011:l31X3 It) ~O,{]@@~~@ UMl;lJp 38nl~mllS E>NI:>l8'v'd W)-.LO Sdl'v' N3dS'v' il = suo 91^$J 'ouqO( . r- r-- r-- ~ , r-: r-- " Z" " Oc I-~ ct: > W ...J W W ::> z w > ct: W I- ::> )j, g</ ,~'.:,.;:::"'!:- ~0:-' ~> <, ~ ! ~ ~ c ~ .o-,cn r--1 ~ i.' , CI L>-:..! ,....... , '-'.~ ~ r.J r--l ,--, ~ ! z\> 070 -" 1-- <{w >~ W ...J W Cl ct: -0 a:: :c I- ::> o (/) (/) a.. ...J ct: Z W a.. (/) ct: ------r1 r--l r--l '~" 1111111111111111I111111 ~;;~~~~!; 1: IlA SILVIRDAVIS PITKIN COUNTY CO R 46.00 o 0,00 ./ PLANNED UNIT DEVELOPMENT AND SUBDMSION AGREEMENT ASPEN ALPS PARKING/AFFORDABLE HOUSING PROJECT THIS PLANNED UNIT DEVELOPMENT AND SUBDMSION AGREEMENT is made this '2 ~ day of ~I , 2002, by and between the Aspen Alps Condominium Association (hereinafter referred to as "the Owner") and the City of Aspen, Colorado, a municipal corporation and home rule charter city (hereinafter referred to as "the City"). RECITALS WHEREAS, the Owner owns that certain real property located in the City of Aspen, County of Pitkin, legally described as Lots 2A and 2B, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment); and WHEREAS, in February, 2001 the Owner submitted to the City for approval a land use application to develop a parking structure, maintenance shop, laundry facility, and three (3) affordable housing units on Lot 2B (hereinafter referred to as the "Project"); and WHEREAS, pursuant to Ordinance No. 28 (Series of 2001), the City granted approval to the Project for Consolidated ConceptuallFinal Planned Unit Development, Subdivision Amendment, Growth Management Quota System exemption, and Rezoning; and WHEREAS, the City imposed conditions and requirements on the Owner in connection with the approvals described above, such conditions and requirements being necessary to protect, promote and enhance the public health, safety and welfare. Such conditions are set forth in Ordinance No. 28 (Series of 2001); and WHEREAS, under Sections 26.445.070 and 26.480.070 of the Municipal Code of the City of Aspen, the City is entitled to assurance that the matters agreed to herein will be performed by the Owner and its successors or assigns; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide to the City aSSurances, as set forth herein; and WHEREAS, the Owner has submitted to the City for approval, execution, and recording a final plat for the Project (the "Plat") and the City agrees to approve, execute, and record the Plat at the Owner's expense on the agreement of the Owner to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen and other applicable rules and regulations. 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: / " 1111111I11111111111111 :;;~~~~! i I:1tA SILVII=I D!=lVIS PITKIN COUNTY CO R 46.00 0 0.00 1. Description of Proiect. The Project consists of the following elements: . A two (2) story, sub-grade parking structure containing not more than sixty- nine (69) parking spaces to store cars owned by Aspen Alps unit owners, their guests, and residents of the affordable housing units, and to store Aspen Alps fleet vehicles; / . A laundry facility and a maintenance facility for Aspen Alps use only; and . Three (3) affordable housing units, including 2 two bedroom units and lone bedroom unit. 2. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the Plat by the Engineering Department and Planning Office, the City will approve and execute the Plat for the Project, which conforms to the requirements of Section 26.480.060 of the Municipal Code. The City will accept such plat for recording in the offices of the Pitkin County Clerk and Recorder upon Owner's payment of the recordation fee. The Owner and the City hereby acknowledge that the Plat, this Agreement, and Ordinance No. 28 (Series of 2001) constitute the final development plan and development regulations for the Project, pursuant to Chapter 26.445 of the Municipal Code. 3. Construction Schedule and Phasinl!:. The City and Owner mutually acknowledge that an exact construction schedule cannot be determined for the Project at this time. However, it is anticipated that construction of the Project will begin no later than three (3) years after the vesting of the Owner's rights in the Project. The Owner hereby agrees that excavation for the Project will only take place between October 1 and May 30 of the year(s) of construction of the Project. It is anticipated that construction of the improvements will begin shortly after excavation is completed, with substantial completion of construction occurring within eighteen (18) months thereafter. 4. Dimensional Requirements. The dimensional requirements applicable to the Project are as follows: 2 111111111111111I1111 II :~;~~~;! i IliA SILVIA DAVIS PITKIN COUNTY CO R 46,00 D" 0,' 00 _j ...--..-----..-.....- ___ ..__ .','m_.'______"_"_'__ ._____.._"___....,',,".' ..---- , Minimum Lot Size Minimum Lot Area Per Dwelling Unit Minimum Lot Width Minimum Front Yard Minimum Side Yard Minimum Rear Yard Maximum Height Minimum Distance Between Buildings on the Lot Minimum Percent of Open Space Maximum External Floor Area Ratio Minimum Number of Off-Street Parking Spaces 35,327 sq. ft. 5 bedrooms on 35,327 sq. ft. 197 feet 12 feet 15 feet (west side) 20 feet (east side) 10 feet 28 feet (most of building will be subgrade) Not applicable 17.5% 0.20: 1 (7,065 sq. ft.) 2 spaces per two bedroom unit; 1 space per one bedroom unit S. Conditions of Develoument Auuroval. The Owner will satisfy the conditions of development approval established in Ordinance 28 (Series of 2001), as follows: a. Accessibility. The Owner will design and construct the tennis courts on top of the garage and all bathrooms, offices, and laundry rooms to provide full accessibility, as required by the City of Aspen Building Department. b. Parking Spaces for Housing Units. The Owner will designate five (5) parking spaces in the garage for the deed-restricted affordable housing units. The Owner will amend the plans for the parking structure to show a garage access door to provide access from the patio in front of the housing units to the upper level of the parking garage. The parking spaces for the housing units will be designated as close to that door as possible. c. Required Plans. The Owner will submit the following plans to the Engineering Department for their review and approval before submitting an application to the City for a building permit: . Construction Traffic Maintenance Plan; . Construction Erosion Control Plan; . Drainage and De-watering Mitigation Plan; 3 / . Noise and Dust Control Plan; . Soils Report; and . Full set of building plans. d. Groundwater. Prior to the initiation of any excavation activities, the Owner will make two bores on the southeast and southwest corners of the proposed parking garage to determine the groundwater level. If groundwater is encountered within the planned excavation, the Owner will submit a plan to the City of Aspen Water Department that details how the groundwater will be diverted to the nearby mine drainage ditch. If seasonal water, groundwater, or dampness is encountered during excavation, the Owner will employ those measures necessary (including consultation with an engineer) to ensure the affordable housing units do not have mold or mildew problems. e. Contractor Notification. The Owner will notify its contractors about City ordinances that prohibit vehicle idling for more than five (5) IIlinutes, and that require construction activities to not begin prior to 7 AM. f. Fugitive Dust Control. The Owner will submit a Fugitive Dust Control Plan to the City's Environmental Health Department prior to submitting a building permit application. The Owner will require its contractor to keep all mine-related soils damp at all times as a dust suppression measure to prohibit the release of particulates into the air. The Owner will maintain a regular dialogue with the Environmental Health Department during the excavation process and include them as a monitor while that work is on-going. g. Soil Disposal. The Owner will contact the Pitkin County Solid Waste Center to determine whether excavated soils can be taken to the. County Landfill. If not, the Owner will consult with the City's Environmental Health Department and Community Development Department before moving the soils off-site. h. Soil Testing. The Owner acknowledges that the Director of Environmental health may require any person intending to conduct activity or development within the site to test any soil or material to establish its total lead (Pb) content. Any such testing will utilize and adhere to protocols established or approved by the United States Environmental Protection Agency (pursuant to City of Aspen Ordinance 25, Series of 1994). i. Parks Department. Prior to submission of an application for a building permit, the Owner will provide the Aspen Parks Department with the following plans for their review and approval: . An excavation plan that indicates how the proposed excavation will take place for the Project. . A final landscaping plan that includes protection techniques to be employed in the areas marked "trees to be saved if possible". If the spruce trees on the 4 1111111I1111111I111111 ~~;;~~~~!; I:ItA SILVIA DAVIS PITKIN COUNTY CO R 46.00 0 0.00 , - _._--_._------~-_.._-_._-_._--_._.__..---.-.-/ adjacent property directly to the south (along the fence) that are not depicted on the landscape plan are damaged during excavation, the Owner will replace those trees damaged at the Owner's expense. j. Housing Authority. The Owner will conduct a site visit and tour of the three (3) affordable housing units with the Housing Authority staff prior to obtaining a certificate of occupancy for the units. k. Colors. The Owner will utilize an earth-tone color treatment for the affordable housing units so they are effectively blended into the hillside. I. Dry Cleaning Service Prohibited. The Owner will not operate a dry cleaning service in the planned laundry facility. m. Lighting of Tennis Courts. The Owner will not install night time lighting for the tennis courts. n. Use of Garage. The Owner will only allow vehicles associated with the Aspen Alps to park in the garage, unless otherwise specifically permitted by the City of Aspen as an amendment to this PUD Agreement. Aspen Alps associated vehicles include those of unit owners, visitors, residents of the affordable housing units, and Aspen Alps fleet vehicles. 6. Modification of Restrictive Covenants on Lots 2A and 2B. The Final Plat for the Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment), recorded at Book 29, Page 65 of the records of the Pitkin County Clerk, establishes the following restrictive covenants on Lots 2A and 2B: (a) The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units. (b) No further development or additional lot area for floor area, bedrooms and additional density or major new recreational faCilities such as tennis courts and swimming pools shall occur on said Lots 2A and 2B". The Owner hereby acknowledges that these covenants remain in effect on Lots 2A and 2B, and continue in effect after the rezoning of these properties to Lodge/Tourist Residential/Planned Unit Development (L/TR/PUD) that was accomplished by Ordinance 28, (Series of 2001), except as expressly modified by said Ordinance. Following is a re- statement of these covenants, as modified by Ordinance 28 (Series of 2001). These modified covenants have also been stated on the Plat for this Project: 5 111111111111111111111111 ~;~~~~~! i 1:l1~ S IL V I A__ D~~_~~ _~!_~_~_!~~OUN:_:_ ~~ .~. _____~ ,___~~~~~_____,.,.., _ ~ _ ~_~~__j (a) The floor area, bedroom and density attributed to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium Unit Owners for purposes of increasing the floor area, bedroom number or density of existing or future Aspen Alps Condominium Units. (b) No further development or additional lot area for floor area, bedrooms and additional density or major new recreational facilities such as tennis courts and swimming pools shall occur on said Lots 2A and 2B", except for those bedrooms in the three (3) affordable housing units, and that floor area for the parking structure/affordable housing project that was approved on Lot 2B by the City of Aspen pursuant to Ordinance 28 (Series of 2001). 7. Affordable Housing. The three (3) affordable housing units in the Project will be deed restricted at a rate that will not exceed Category 3 housing, pursuant to applicable AspenlPitkin County Housing Authority ("APCHA") requirements. The deed restrictions will also provide that if the occupant of the unit is an employee of the Owner, then the income and asset occupancy requirements applicable to the unit will be waived. The Owner will submit the appropriate deed restrictions for the affordable housing units to APCHA prior to the issuance of a building permit for the Project. Upon condominiumization of the Project, the Owner will convey to APCHA an undivided one-tenth of one percent (0.01%) fractional interest in the ownership of the condominiums containing the affordable housing units for the purposes of complying with the recent Colorado Supreme Court decision regarding rent controls. As part of this conveyance, the Owner will indemnify and hold harmless APCHA and the City of Aspen from any claims, liabilities, fees, or similar charges related to ownership of an interest in the property. The City of Aspen shall have no voting rights, or rights to notices of meetings, etc. in the Aspen Alps Condominium Association by reason of the conveyance of this fractional interest. . At such time as the Owner can demonstrate to the reasonable satisfaction of the City that another mechanism, then exists, so that affo~dable housing guidelines are enforceable absent an ownership interest by the City, then the Owner may request, and the City shall deed back to the Owner, the City's 0.01% undivided ownership interests in the three (3) affordable housing units. In any event, the City's ownership shall automatically expire thirty (30) years from the date the deeds are recorded. 8. Landscaping Plan and Landscaping Guarantee. In accordance with the requirements of the Municipal Code, the Owner will install those landscaping improvements as represented and shown on the Landscape Plan, a copy of which is attached to the Plat. The Landscape Plan shows the type, extent, and location of all plants to be installed and all landscape features and proposed treatment of ground surfaces. The Owner will install the landscaping shown as soon as is practical, but no later than the first planting season 6 ./ following the completion of construction adjacent to the area of planting. The Owner will promptly replace any plants that have not survived for a period of two (2) growing seasons following the issuance of a certificate of occupancy for the Project. In order to secure the performance of the installation of this landscaping, the Owner will provide a bond, letter of credit, cash, or other guarantee in a form satisfactory to the City Attorney in the sum of $25,000, based on the estimate prepared by the Owner's Architect. Said guarantee will be delivered to the City prior to the issuance of a building permit for the Project. The guarantee documents will give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations, to withdraw funds against such security sufficient to complete and pay for the installation of such Project landscaping. As portions of the landscaping are completed, the Parks Director will inspect them, and upon approval and acceptance, will authorize the release of the agreed upon estimated cost for that portion of the landscaping, except that ten percent (10%) of the estimated costs of the landscaping shall be withheld for the benefit of the City until two (2) growing seasons following the issuance of a certificate of occupancy for the Project. 9. Material Representations. All material representations made by the Owner on record to the City in accordance with the approval of the Project shall be binding upon the Owner, its successors, and assigns. 10. Enforcement. In the event the City determines the Owner is not in substantial compliance with the terms of this Agreement or the Plat, the City may serve a Notice of Non-Compliance and request that the deficiency be corrected within a period of forty-five (45) days. In the event the Owner believes that it is in compliance, or that the non- compliance is insubstantial, the Owner may request a hearing before the City Council to determine whether the alleged non-compliance exists, or whether any amendment, variance, or extension of time to comply should be granted. On request, the City shall conduct a hearing according to standard procedures and take such action as it then deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct, and/or receive damages for any non-compliance with this Agreement. 11. Notices. Notices to the parties shall be sent by U.S. Certified Mail, return receipt requested, postage prepaid, to the addresses set forth below, or to any other address which the parties may substitute in writing. Such notices shall be deemed received, if not sooner received, three (3) days after the date of mailing of same. To the Owner: Aspen Alps Condominium Association 710 Ute Avenue Aspen, Colorado 81611 7 o 0.00 With a copy to: Thomas Todd, Esquire Holland and Hart, LLP 600 East Main Street Aspen, Colorado 81611 With a copy to: City Attorney City of Aspen 130 South Galena Street Aspen, Colorado 81611 12. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding and enure to the benefit of the Owner, its successors and assigns and to the City, its successors, and assigns. 13. Amendment. This Agreement may be altered or amended only by written instrument executed by all the parties hereto, with the same formality as this Agreement was executed. 14. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not effect the remaining provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Subdivision/PUD Agreement the day and year first above written. ArrEST: TIlE CITY OF ASPEN, COLORADO a municipal corporation By: APPROVED AS TO FORM: ~~~ ohf(Wo cester, City Attorney 8 111111111111111I111111 ~~~~~;~ ~ 1: 11~ SILVIA DAVIS PITKIN COUNTY CO R 4,,6. 0~_.~_~~_!.~-,-~c-/,', -..------......---..-.. .--- . .. - - "iii'A.SPEN ALPS CONDOMINIUM A.SSOCIATION By: STATE OF COLORADO ) ) ss: COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ~ day of \, "'~ ... L..., 2001 by Helen Klanderud, as Mayor, and Katl:w~ S. Koch, as City Clerk of t~pen. Witness my hand and official seal. My commission expires: 4!'1-!0,3 STATE OF COLORADO) ) ss: COUNTY OF PITKIN ) if-.- The foregoing instrument was acknowledged before me this 11.:... day of 2001 by Herb Winter, as President of the Aspen Alps Condominium Witness my hand and official seal. My commission expires: 3/; ti III :5 / " 9