HomeMy WebLinkAboutLand Use Case.Aspen Alps South Rd.A020-01
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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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
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MEMORANDUM
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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);> 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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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JUL 31 '01 16:40 FR INTL PROD PLANNING 313 493 4392 TO 819709205439
"1;
P.01/01
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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
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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
,
.
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** 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
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~.",:
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
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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
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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
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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
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(\
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
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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
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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
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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.
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4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS, or GMQS allotments are "available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
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,
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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
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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.
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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.
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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
'"
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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:
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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.
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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
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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:
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1. be compatible with or enhance the visual character of the city, appropriately relate
to existing and proposed architecture of the property, represent a character suitable
for, and indicative of, the intended use, and respect the scale and massing of nearby
historical and cultural resources.
Staff Finding:
The 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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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b. Spatial pattern efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs.
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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
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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.
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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.
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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,
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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.
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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.
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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
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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.
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Aspen Alps Planning & Zoning Commission Memorandum
Page 40
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ASPEN HOUSING OFC
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NO. 730 P.l
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MEMORANDUM
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Fred J arlll4n
Cindy Christensen
I)ATE:
April 25. 2001
A$/IEN ALPS CONDOMrNZIIMS APPI.Z~7%ON
333 Eat Durant
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tpSlIE: e applicant is requesting approval to develop the following under the existing
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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
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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:
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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
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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
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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
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500
700
9!l0
1.200
1.400
The appli nt if currently evaluating whether it would be appropriate to have a "vesting
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rent paid by the employees and place It In an account where it would be available to the
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! employee 0 use QS a down payment to purchase a unit elsewhere.
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: 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
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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.
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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
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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.
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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
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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.
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Memorandum
From:
. 1
Fred Jarman. Planner f. ';.{
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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.
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.Aspe~Cons olidatedS anitatio~6istrict
Sy Kelly * Chairman'
Paul Smith * Treas
Michael Kelly * Secy
April 11, 2001 .
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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.
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Please call if you have any questions.
Sincerely,
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Bruce Matherly
District Manager
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565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537
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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:
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Page 2 of 8
March 30,2001
Aspen Alps Condominiums
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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:
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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.
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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.
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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:
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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.
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March 30,2001
Aspen Alps Condominiums
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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.
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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
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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:
'--.~
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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
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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
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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
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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
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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
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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:
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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:
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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.
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May 5, 1998
Mr: Alan Richman
Alan Richmari Planning Services
PO Box 3613
Aspen, CO 81612
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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
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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
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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 ' .
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, Dear Mitch,
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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. '
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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.
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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. '. .
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Background
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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:
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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. .
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.... 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:'. .
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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
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.' development shalf include addItional floor are'a, Mdrooms and density or
" major ne\yi~cf6iiti6haI faCifi'~,es such astenriis' Courts and s\Vimming pools..." '.
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. , 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:
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t1Lots2A an(2B 'onhe ProjJertyarehereby restricted
provlsipns or 6rdina~ceNo..31 a,s follows:' .
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.' .'.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; . .. '.
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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''.
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... 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.
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'. '. ,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:' ·
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. 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 : .' '. .. .... . .. . .' '. . " '.
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Mr. Mitch Haas
. " March 18,1991 .....
"Page Four' . ..,' .'
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"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
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'"." : 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. .. .. " .,
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. ".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. "
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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
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cc: Bill Drueding, Zoning Officer
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C01'lS,OLIPATEn PUl? REVIEW
SUBDIVISION' REVIEW
GROWTH MANAti~.MENf
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EXEMPTION'
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SUBMITTED BY
, FEBRUARY, 2001
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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""
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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.
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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.
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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
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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
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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..." '
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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
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, 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.
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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
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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.
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Aspen Alps Application for Rezoning, PUD Review, Subdivision, and GMQS Exemption
Page 4
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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
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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.
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
Page 6
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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.
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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
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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
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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. '
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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. ' . '
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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'
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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."
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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
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Aspen Alps Application for Rezoning, pun Review, Snbdivision, and GMQS Exemption
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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
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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
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
Page 11
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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.
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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.
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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.
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F.
Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
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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.
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G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
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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.
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Response: The Aspen Alps was built more than 30 years ago, at a very different stage in
the evolution of the City of Aspen.
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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.
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Aspen Alps Application for Rezoning, pun Review, Snbdivision, and GMQS Exemption
Page 12
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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.
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Whether the proposed amendment would be in conflict with the public interest, and is
in hannony with the purpose and intent of this chapter.
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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.
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
Page 13
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IV. CONSOLIDATED PUD REVIEW
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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.
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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.
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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.
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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.
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A.
General Requirements.
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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.
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Response: Please see the response to this standard in Section III of this application,
Rezoning.
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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
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
Page 14
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,.., 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.
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Response: The proposed uses are eligible for a growth management exemption, as follows:
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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.
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The proposed affordable housing units are eligible for a GMQS exemption. Section
VI of this application addresses the standards for obtaining this exemption.
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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:
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1.
The proposed dimensional requirements for the subject property are appropriate and
compatible with the following influences on the property:
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a.
The character of, and compatibility with, existing and expected future land uses
in the surrounding area.
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b. Natural or man-made hazards.
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c. Existing natural characteristics of the property and surrounding area, such as
steep slopes, wateIWays, shade, and significant vegetation and landforms.
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d.
Existing and proposed man-made characteristics of the property and the
surrounding area, such as noise, traffic, transit, pedestrian circulation, parking,
and historical resources.
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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.
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
Page 15
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TABLE 1
L/TR ZONE DISTRICT DIMENSIONAL REQUlREMl!:NTS
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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
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MiitiriiuJn J)iSUln.ce:B~tween. ," ' , ..,' , 10 feet
Buildin.gs o:ii.llieLOt > " · ' ' '
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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
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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.
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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.
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3.
The appropriate number of off-street parking spaces shall be established based on the
following considerations:
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b.
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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.
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The availability of public transit and other transportation facilities, including
those for pedestrian access and/or the commitment to utilize automobile
disincentive techniques in the proposed development.
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d. The proximity of the proposed development to the commercial core and general
activity centers in the City.
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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:
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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.
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
Page 17
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Response: Adequate facilities are available to serve the proposed development, as described
in Section III of this application.
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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:
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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.
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Aspen Alps Application for Rezoning, PUD Review, Snbdivision, and GMQS Exemption
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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.
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"'" 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:
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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.
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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.
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Response: The applicant does not propose to increase the project's density through the
PUD.
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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:
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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.
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Aspen Alps Application for Rezoning, pun Review, Snbdivision, and GMQS Exemption
Page 19
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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.
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Aspen Alps Application for Rezoning, PUD Review, Subdivision, and GMQS Exemption
Page 20
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7.
For non-residential land uses, spaces between buildings are appropriately designed to
accommodate any programmatic functions associated with the use.
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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.
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2.
Significant existing natural and man-made site features, which provide uniqueness and
interest in the landscape, are preserved or enhanced in an appropriate manner.
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3.
The proposed method of protecting existing vegetation and other landscape features is
appropriate.
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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.
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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'.
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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.
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
Page 21
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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.
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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.
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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.
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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:
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1.
Be compatible with or enhance the visual character of the city, appropriately relate to
existing and proposed architecture of the property, represent a character suitable for, and
indicative of, the intended use, and respect the scale and massing of nearby historical
and cultural resources.
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Aspen Alps Application for Rezoning, PUD Review, Subdivision, and GMQS Exemption
Page 22
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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.
,...
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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.
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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.
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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.
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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.
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3. Accommodate the storage and shedding of snow, ice, and water in a safe and
appropriate manner that does not require significant maintenance.
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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.
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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:
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Aspen Alps Application for Rezoning, pun Review, Snbdivision, and GMQS Exemption
Page 23
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2.
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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:
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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:
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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
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the developer is reimbursed proportionately for the additional improvement.
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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.
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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.
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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.
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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.
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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.
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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".
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
Page 2S
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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
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
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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.
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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:
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A.
General Requirements.
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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.
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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.
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Response: Please see the response to this standard in Section IV of this application,
Consolidated PUD Review.
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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.
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B.
Suitability of Land For Subdivision.
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1.
The proposed subdivision shall not be located on land unsuitable for development
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
Page 27
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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
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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
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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
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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.
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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:
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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.
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Aspen Alps Application for Rezoning, pun Review, Subdivision, and GMQS Exemption
Page 30
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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.
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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
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EXHIBITS
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" \';'df' #348320 09/0:3/92 16::37 Rec $20.00 BK
;~. Silvia Davis, Pitkin Cnty Clerk, Doc
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. .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):
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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.
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#348320 09/03/92 16:37 Rec $20.00 Bf<
Silvia Davis, Pitkin Cnty Clerk, Doc
687 PG 912
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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).
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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,
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6
7
8
9
10
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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.
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ALL REFERENCES BEING TO THE REAL PROPERTY RECORDS OF PITKIN COUNTY,
COLORADO. ~.~
Signed this ~ day of , 1992.
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(acknowledgements on following page)
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687 PG 914
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COUNTY OF
STATE OF
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:~ ~~~.d'1Ir ~..illllan ElqinII
v.(!; AUGUST S1, 1994
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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
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(sea~'5,.~.,,~~';;"'" {~ \JL.L. -
( ~. ~~~ <'1<91';"") Notary Public (
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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
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EXHIBIT #2
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Ms. Julie Ann Woods, Community Development Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
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RE: ASPEN ALPS CONDOMINIUMS REZONING AND PUD APPLICATION
Dear Ms. Woods,
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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.
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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.
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erb Winter, President
- f\spen Alps Condominium Association
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EXHIBIT #3
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
f".. PLANNER:
Nick Lelack, 920.5095
DATE:' Feb. 6, 2001
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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.
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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.
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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
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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);
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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.
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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.
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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
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EXHIBIT #5
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'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.
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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.
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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:
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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.
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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
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May 5,1998
EXHIBIT #6
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Mr:Alan Richman
Alan Richman Planning Services
Pp Box 3613
Aspen, CO 81612
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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.
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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.
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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.
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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.
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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
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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,
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Stan lauson, ASLA, AICP
Community Development Director
City of Aspen
cc: John Worcester, City Attorney
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EXHIBIT #7
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DRAINAGE CALCULATIONS
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ASPEN ALPS PARKING STRUCTURE
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September I, 2000
Revised: October 3, 2000
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Deric J. Walter, E.!.
Design Engineer
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Reviewed by:
Roger D. Neal, P.E.
Project Manager
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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.
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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
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SECTION
INTROJ)UCTlON
HYDROLOGY
DRAINAGE PLAN
SUMMARY
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APPENDIX:
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TABLE OF CONTENTS
PAGE
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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
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INTRODUCTION
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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.
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HYDROLOGY
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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.
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DRAINAGE PLAN
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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.
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SUMMARY
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Drainage for the Aspen Alps Parking Structure has been designed to mitigate the
expected impacts of storm water runoff as outlined by the City of Aspen's drainage
regulations.
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923 COOPER AVENUE
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(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
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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=
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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
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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.
-
~:
~.
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.,.....
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,
....
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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
....
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"..
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.
"..
,...
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-
qp.5 =
qH.5 =
tH =
.~
S-Year:
VST,; =
"..
100-Year:
V ST.lOO =
~
Empirical Method
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Vs=
'f..'
~
....
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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
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Allen G. Thurman, P.E., Ph.D.
EXHIBIT #8
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January 1~, 2IJO'l
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,
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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.
...
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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'"'
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,
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.
-
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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.
...
.
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2.0
Construction Requirements
2.1 Construction Management and Site Staging
I""
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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.
~~
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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.
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Ms. Paula Cunningham
Geotechnical Conditions, Proposed Parking Garage,
Housing and Maintenance With Recreational Roof Area
Page 3
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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
,...
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.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.
....
,
"'"
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"'"
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.
,...
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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"'
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Ms. Paula Cunningham
Geotechnical Conditions, Proposed Parking Garage,
Housing and Maintenance With Recreational Roof Area
Page 5
4.2 Site Specific Factors
i""
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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
....
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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""
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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"
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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
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5.2 Potential to Influence Groundwater
...
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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
",-,
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,...
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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'"\
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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.
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__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
...
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Sincerely.
!!"""l
((7'Jo.. 1- iY.-u-u.
Tom Farrell
Superintendent
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EXHIBIT #9
~235 !iir;lt 5<hoollto.d . A>pen. colo..d. S1612
970/925-341>0 . r.>x 97Ui9:l5.;721
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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