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HomeMy WebLinkAboutLand Use Case.39551 Hwy 82.0032.2008.ASLU 40 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0032.2008.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS 39551 HIGHWAY 82 PLANNER JENNIFER PHELAN CASE DESCRIPTION PUD AMENDMENT - TRUSTCOTT REPRESENTATIVE TOM MCCABE DATE OF FINAL ACTION 7.4.09 DATE OF FINAL REFUND/ CASE ABANDONED - PAYMENT CLOSED BY ANGELA SCOREY ON: 10.15.14 ru 0g32-200T.;A6LQ d��rIIIis� - — 0 File Edit Record Navigate Form Reports Format Tab Help AL Main Valuation Custom Fields Actions Fees Parcel Fee Summary Sub eermits I Attachments Routing Status Routing d ► Permit Type laslu `!Aspen Land Use Permit# 0032,2008,A5LU ti Address 39551 HIGHWAY 82 J AptjSuite�— H Cr City ASPEN State CO Zip 81611 Perms InFormation -- -- Master Permit Routing Queue as1u07 Applied 07J0912008 J Project J Status pending Approved —J Description PUD AMENDENT TRU5COTT-ENCLOSE FORMER GRILL SPACE FOR STORAGE Issued —l Final F—J Submitted TOM MCCABE Clock unning pays F Expires .0710412009 J Owner -- _ -- - Last Name ASPEN PITKIN HOUSING AU d First Name�— 403 PARK CIR ASPEN CO 81611 Phone I- v, Owner Is Applicant? Applicant - -- -- Last Name ASPEN PITKIN HOUSING AU] First Name�— 403 PARK CIR Phone Cust#121023 ASPEN CO 81611 ender - Last Name 2� First Name Phone i f__AspenGold(b) -F Re=d 1 of 1 CVO li35�30 `-0 V) ti THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 16, 2008 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0032.2008.ASLU (Truscott— storage shed). ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. The Applicant is not the owner of the property and needs written authorization by property owner consenting to the application (Section 26.304.030 B.1.). 2. The legal description of the property as well as the parcel identification is not provided (Section 26.304.030 B.2.). 3. A disclosure of ownership is not provided Section 26.304.030 B.3.). 4. A vicinity map is not provided (Section 26.304.030 B.4.). 5. A site plan (and the context required) is not provided Section 26.304.030 B.5.). The site plan provided is not to scale and does not adequately show the context of proposed development. 6. The Floor Area of the existing project is noted but unsubstantiated. How was this number arrived at? Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You, Jennifer Phel eputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\"Templates\Land Use Cases\Completeness Letter Land Use.doc PROJECT: ATTACHMENT 2—LAND USE APPLICATION Name: Location: 1 Indicate street address, lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: tJ C t� CU 0 6, t+U714bg, 7- Address: 6 ST IqSAQE&3 6gim4pa Gila il Phone#: g 7 O - g 2.O - S D 3- REPRESENTATIVE: Name: G CA Q F Address: 54M .4-5 AUF_ Phone#: 1% 1 , TYPE OF APPLICATION: (please check all that apply): n GMQS Exemptinn n ConCenfiin] PT FD I-1 Temnnrary I ke ❑ GMQS Allotment Final PUD(& Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA-8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) ExT£ras,o a 0P 81 DG- Novi ErkPTY) WAS 4:6rtmb2 Galt 4o A- 6a(� P�r�2ons 12£MaA1Nad m S c4. IS WdRIC-FoRca: us n1 6 ROCHA OF ACES (,f o; ,ef PROPOSAL: (description of proposed buildings,uses,modifications,etc. Have you attached the following? FEES DUE: $ ❑ re-Application Conference Summary [✓]Attachment#1,Signed Fee Agreement ❑ Response to Attachment#3,Dimensional Requirements Form ❑ Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. �Z ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: goic ..osL CDU£RfD :9 ef- 'TO cao-r<. COLD S-bR.46E s*m Applicant: Ars0c,14 A Location: 38,9,q4 8 /i 4� G/ �! Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements,and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: --5b Proposed: 6-a Number of bedrooms: Existing: �-V Proposed: ,!5­O Proposed% of demolition (Historic properties only): DIMENSIONS: Q Floor Area: Existing- 37 11q Allowable: /,�l3 S? Proposed: .00'S Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: %Open Space: Existing: Required: Proposed: Front Setback: Existing: Required. Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed. Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: Truscott#100 bldg. Cold storage enclosure project I respectfully ask for an insubstantial PUD amendment to accommodate this small project and provide the APCHA maintenance crew with additional secured storage. Consistent with section 26.445.100 of the city Land Use Code, I have provided answers to the questions of this section of the code for your consideration 1. This project will not change the type of use or character of the building.The building has been used as 50 rental units and APCHA, and Golf Dept offices for many years. Last year the arrangement of offices changed and APCHA occupied the former Golf offices. Golf then moved into the under-utilized conference room. This let APCHA abandon several scattered office spaces in the abandoned restaurant and kitchen area and to consolidate its presence at the front door area for improved tenant customer service and property oversight. This project is to enclose 190sq ft. of covered area formerly used for an outdoor bar(that was abandoned many years ago) to provide cold storage for the APCHA maintenance team. The Golf offices were supposed to move into the new Golf building per approvals for that facility, upon completion, but this has not occurred as promised. Golf's continued presence may not be an approved use per approvals. 2. The building is 37,119 sq ft. this project will enclose 190 sq ft. (.0051186%)that exists and is covered but open to the outside. It does not increase the floor area by greater than 3%. 3. This proposed use will not increase trips at all unless it saves a few. Items scattered elsewhere will be at hand for the maintenance crew.This enclosure will not be used for the public at all. 4. This is already developed area and not open space. 5. This enclosure will not impact parking at all.There is no parking at this place. 6. This enclosure will not reduce any right of ways for streets or easements. 7. This building is not used for commercial purposes; it will not be commercially leased. 8. This enclosure will not increase the residential density at all. 9. The buildings footprint will not change nor will its use.The storage use for this proposed enclosure now happens in several other areas on the property that are problematic (no lift)for storing objects such as refrigerators, (heavy items) in the basement, etc. Thank you, Tom McCabe, Exec. Director, APCHA 530 E. Main St. Aspen, CO 81611 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN(hereinafter CITY) and A'�L► /P/T K i#1 6o t O-r j }-y txs t#0 6v At��2mT� (hereinafter APPLICANT)AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for A Co J.n S-IMACoF_ !9#9D (hereinafter,THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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 111 1 0 DDT rr d NT VC .. ..1;,...«;,,.. L1�111V 1 J 0.p1111\.0.L1V11. 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 findings for project consideration,unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$:I_6Fi which is for 3 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 at a rate of$235.00 per planner hour over the initial deposit. 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 APPLICANT By: By ' Chris Bendon Community Development Director Date: 7-7-_�,-oo8 Billing Address and Telephone Number: Required APG N A �� 1 THE CITY OF ASPEN ASPEN COMMUNITY DEVELOPMENT 2008 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSIT FLAT FEE Major 12 2,940.00 Minor 6 1,470.00 Staff Approvals 3 735.00 Flat Fee 590.00 Planning Department Hourly Rate 235.00 Board of Adjustment 265.00 Appeals of adverse board and administration 3 735.00 Historic Designation 0.00 Exempt HPC 0.00 Certificate of No Negative Effect 245.00 Minor Development Certificate of Appropriateness 3 705.00 Significant HPC<1000 sq.ft. 6 1,410.00 Significant HPC >1000 sq.ft. 12 2,820.00 Demolition, Partial Demolition,Relocation 2,820.00 Insubstantial Amendment to an approved Certificate of Appropriateness 0.00 Substantial Amendment to an approved Certificate of Appropriateness 675.00 HPC Appeals 3 705.00 Development Order Recordation Fee 45.00 Land Use Code Interpretations 50.00 Appeals of Land Use Code Interpretations 3 735.00 Referral Fees-Environmental Health Major 410.00 Referral Fees-Housing Major 410.00 Minor 212.00 Referral Fees-City Engineer Major 410.00 Minor 212.00 Referral Fees—Parks Major 410.00 Minor 212.00 T,14A v 120 -s C2 .t--R oo rrz --� 00 JJ Nj-+ l Go V c c{ r S t x G x R � y h f FL to o P<., � S f i e `e cl eo t2 S t s w POLII _� t pm - �Agodk%*_- a s I 1 ` imp _ _ l •emu:=,,.,?CG �� � .. ,.•n�:•-s- -�516fill�lrlls�r I Aw a .,r All ` s 4 Y _ _ M . .r I f r d t _ y. . Y ' e: • s- SUBDIVISION IMPROVEMENT AND PUD AGREEMENT FOR THE ASPEN GOLF AND TENNIS CLUB/ TRUSCOTT AFFORDABLE HOUSING PROJECT This SUBDIVISION AND PUD AGREEMENT is made and entered into as of y Li the `'� day of , 2001 by the City of Aspen, as the "owner" and the "City". WITNESSETH: WHEREAS, the owner owns that certain real property (the "Property") currently legally described as Lots 1 and 2 of the amended plat of the Aspen Golf Course Subdivision, parcel numbers 2735-111-09-702 & 2735-111-09-001, City of Aspen, County of Pitkin, State of Colorado; and WHEREAS, on August 14, 2000 the City Council of the City of Aspen granted approval pursuant to Sections 26.304, 26.310, 26.440, 26.445, 26.470, 26.480 and 26.710 of the Municipal Code of the City of Aspen (the "Code") for the development_"Aspen Golf and Tennis Club/Truscott Affordable Housing Project" to be situated on the property pursuant to Ordinance 34, Series of 2000, recorded in Pitkin County Clerk and Recorders Office in Book , Page as Recording number ; and WHEREAS, the approval of the development was conditioned upon the owner complying with certain requirements, including entering into and executing a Subdivision Agreement for the Property; and WHEREAS, the Owner has submitted to the City for approval, execution and recordation a Plat for the property (the "Plat") ecorded in the Office of the Pitkin County Clerk and Recorders Office in Plat Book at Page as Reception No. (4-,5) —T! S and the City agrees to approve, execute and record the Plat on the agreement of the Owner to the matters described herein, subject to the provisions of the code, the conditions contained herein and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters as are necessary to protect, promote and enhance the public health, safety and welfare; and WHEREAS, under Section 26-440, 26-445, and 26-480 of the Municipal Code of the City of Aspen (hereinafter"Land Use Regulations"), 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 provide assurances to the City; and I I"III "III "IIII I'I"I II"II'III 'I"I III '�I'I IIII IN 51796 02/23/2001 12:36P SUB IMPR DAVIS SILVI i of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO WHEREAS, prior to entering into this Agreement, the City fully considered the development applications filed by the Owner with the City Planning Department and has reviewed the anticipated benefits and burdens to neighboring and adjoining properties by reason of this Project. Further, the City has considered the requirements, terms and conditions of the Municipal Code of the City of Aspen and such laws, rules and regulations as are applicable; and Now, Therefore, in consideration of the mutual covenants contained herein and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Description of the Project: The project which the City Council approved consists of a multiple lot subdivision containing two phases of rental affordable housing, a new pro shop/restaurant facility, a new tennis facility, and related infrastructure and intersection improvements. Phase one of the housing will contain 58 units consisting of 19 studios, 20 one bedroom units and 19 two bedroom units. Phase two of the housing will contain 41 units consisting of 22 studios, 14 one bedroom units and 5 two bedroom units. The redevelopment of Phase 3 has received conceptual approval, but will need to receive final approval before construction can begin. 2. Acceptance of Plat and PUD Plans: Prior to filing, the amended Subdivision Plat and PUD plans shall be reviewed and approved by the Engineering and Planning Departments. Upon execution of this Agreement by all parties hereto, and upon approval of the Final Plat by the Engineering and Planning Departments, the City agrees to approve, and execute the Final Plat for the Project submitted herewith, which conforms to the requirements of Sections 440, 445 and 480 of the Aspen Municipal Code. The City agrees to accept the Plat for recording and the Lessor shall file with the Pitkin County Clerk and Recorder a Final Plat and Subdivision Agreement within 180 days of final approval (August 14, 2000) or the approval is rendered invalid. 3. Transportation Demand Management: The owner will hold a joint meeting between the Aspen/Pitkin County Housing Board, the Planning and Zoning Commission and the City Council to discuss a plan for transportation demand management. Approval of the plan by City Council will necessarily precede residential occupancy. 4. Lighting Plan: A final lighting plan will be submitted to the Planning and Zoning Commission prior to installation of any exterior lighting. 5. Construction Schedule and Phasing: The City and the 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 during October, 2000 with completion occurring within twenty-four (24) months thereafter. A preliminary construction schedule is attached as 1111111111111111111111111111111111111111111111111111111 I"I 451796 02/23/2001 12:36P SUB IMPR DAVIS SILVI 2 of 6 R 30.00 0 0.00 N 0.00 PITKIN COUNTY CO Exhibit A. During construction, emergency access across the golf course will be maintained when the primary access is blocked. 6. Parking Requirements: The owner will provide 1 53parking spaces for recreation use. The owner will provide 209 spaces for housing use. Recreation lot spaces may be used for remote parking for the Burlingame project during the winter months. Any parking freed up via future development will be used as remote parking for infill projects. Four of the housing spaces along Truscott drive will be signed for"15 minute parking only."No parking will be permitted along the internal street outside of designated parking areas. The recreation parking area will be routinely cleared of any non-permitted cars. The provisions in this paragraph will be enforced by the housing property manager. 7. Dimensional Requirements: The dimensional requirements applicable to each of the newly created lots are illustrated on the submitted plat. 8. Public Improvements and Landscaping: a. Special Improvements District: The Owner hereby agrees to join any Special Improvements District formed to cover the improvements not covered by the curb, gutter and sidewalk to be installed at the time of construction. b. Necessary Public Improvements and Landscaping: The Owner will maintain the parcel's common areas. The Owner will guarantee for 2 years the landscaping improvements for the parcel, including trees, starting on the issuance day of the last certificate of occupancy for a housing unit. All site lighting shall comply with the lighting plan submitted at the time of building permit approval. c. Utility Service Approval: Prior to issuance of a building permit for the project, detailed plans shall be issued to and reviewed by each of the utility providers. 9. Utility Easements: Utility easements as shown on the Subdivision Plat are hereby dedicated by the Owner for the benefit of the City and public utility companies. The Plat shall contain a dedication by the owners to this effect. All utility meters and any new utility pedestals or transformers must be installed on the Owner's property and not in the public right-of-way. 10. Public Rights of Way: The Owner shall obtain an excavation permit from the Streets Department and design approval from the Engineering Department for any work done in the public rights of way. 'I II"II'III'I"I III "I"IIII II'I 1 435179179 6 02/23/20001 "III"III' 1 12:36P SUB IMPR DAVIS SILVI 3 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO 11. Trees: The Owner shall obtain a tree removal permit prior to issuance of a building permit for the project, and shall stake and fence all existing trees that are not to be removed in order to protect them from excavation and construction activities. The Owner shall specify cotton-less varieties of Cottonwood trees. 12. Parking Miti ation During Construction: During construction, contractor parking shall be limited to the site and sufficient parking shall be maintained for existing residents and recreation users. Contractor use of car pooling and/or use of the daily park-and-ride lots at the airport shall be encouraged. 13. Deed restrictions: The housing portion of the project shall be deed restricted to category prices to be determined by the Aspen City Council prior to occupancy. Attached as Exhibit B is an Occupancy and Resale Master Deed Restriction, which shall be recorded prior to issuance of a building permit for the project. 14. 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. 15. Enforcement: In the event the City determines the Owner is not in substantial compliance with the terms of the Agreement or the Final Subdivision Plat or PUD Plans, the City may serve a notice of noncompliance 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 noncompliance is insubstantial, the Owner may request a hearing before the City Council to determine whether the alleged noncompliance 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 noncompliance with this agreement. 16. 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 addresses 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 same. To the Owner: City Manager City of Aspen 130 South Galena Street Aspen, CO 81611 I I"III "III I'III' I'I"I 11111111111111111 IN 4°51796 02/23/2001 12:36P SUB IMPR DAVIS SILVI 4 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO To the City: City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 17. Binding Affect:ffect: 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 inure to the benefit of the Owner, its successors and assigns and to the City, its successors and assigns. 18. 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. 19. Severability: If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. IN WITNESS HEREOF, the parties hereto have executed this Subdivision and PUD Agreement the day and year first written above. APPROVED AS TO FORM 2� D Ci y At orney City Manager THE CITY OF ASPEN, COLORADO A municipal corporation ` By: Attest: 4achel Richards, yor Kathryn S. h, Cit Jerk STATE OF COLORADO ) ss: COUNTY OF PITKIN ) I I"III VIII VIII' ('ll'I II"II'lll 'll') III �'I'I 'lll II'I 451796 02/23/2001 12:36P SUB IMPR DAVIS SILVI 5 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO �z The foregoing instrument is hereby acknowledged before me this Z�J day of -re—b4axeiK4 , 2001 by Rachel Richards as Mayor and Kathryn S. Koch as City Clerk of the City of—Aspen. RY P U W' *My fia seal. ctimmission e* i CHERYL • KOEHNE :C) No ary Publi OF.Co�O CITY OF ASPEN By: '44 i3-o1, STATE OF COLORADO ) ss: COUNTY OF PITKIN ) The foregoing instrument is hereby acknowledged before me this z 3 n,o( day of F , 2001 by Steve Barwick, City Manager, City of Aspen. Wi yftft is. r� eal. M c mission exp CHERYL N: KOEHNE :O �c•- T4otary ublic .•,,,.. ,$... OF �OHO . .., I I"II) "III "III' I'IIII III 'IIIIII 'I"I III "II"III I"I 451796 02/23/2001 12:36P SUB IMPR DAVIS SILVI 6 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO Q A)c RESOLUTION N0.41 (SERIES OF 2000) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL PLANNED UNIT DEVELOPMENT APPROVAL FOR THE ASPEN GOLF`AND TENNIS CLUB/TRUSCOTT HOUSING PROPOSED AT THE ASPEN MUNICIPAL GOLF COURSE,CITY OF ASPEN,PITIaNCOUNT'Y, COLORADO. WHEREAS,the Community Development Department.received an application from the City of Aspen and the Aspen/Pitkin County Housing Authority, applicant, for a Conceptual Planned Unit Development (PUD)approval for redevelopment of the Aspen Golf Course parking lot and Truscott Affordable Housing to include additional affordable housing and recreational facilities on land currently described as Lot 41 and Lot#2 of the Aspen Golf Course Subdivision,parcel numbers 2735-111-09-001.&2735-1.11-09-702, including land within said Subdivision described as"golf course support area;"and, WHEREAS,the application was referred to the relevant referral agencies including the Fire Marshall, Colorado Department of Transportation,USWEST Communications, the Pitkin County Community Development Department, Holy Cross Electric,Aspen Consolidated Sanitation District,the Roaring Fork Transit Agency, City Water Department,Environmental Health Department, City Engineering Department, Parks Department, and the Building Department; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Conceptual PUD and recommended approval with conditions; and, WHEREAS,pursuant to Section 26.445 of the Land Use Code, Conceptual PUD approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission,the Community Development Director, and relevant referral agencies; and, WHEREAS,Conceptual PUD review by the Planning and Zoning Commission does not require a public hearing,but this application was reviewed under a public hearing to garner input from surrounding property owners and other interested citizens; and, WHEREAS,during a regular meeting on February 15, 2000,the Planning and Zoning Commission opened the public hearing to consider an overview presentation of the project and continued the public hearing to March 7, 2000, to consider transportation related issues, continued the public hearing to March 21-to consider recreation components of the plan, and continued the public hearing to April 4,2000 to consider the residential components of the plan and, by a six to zero(6-0)vote, recommended City Council approve the Conceptual Planned Unit Development, with the findings and conditions listed hereinafter; and, Resolution No.41,Series of 2000 Page 1 WHEREAS, the Aspen City Council has reviewed and considered the '- development proposal according to the provisions of Section 26.445,has reviewed and considered the recommendation of the Planning and Zoning Commission,the Community Development Director,and the applicable referral agencies,and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the Conceptual PUD proposal,with the findings and conditions listed herein, is consistent with the goals and elements of the Aspen Area Community Plan;and, WHEREAS,the proposed development is further subject to Final PUD, Rezoning, Subdivision, Growth Management, and Residential Design approval pursuant to the Municipal Code; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code,this Conceptual PUD approval shall allow the applicant to apply for a Final PUD Plan approval within one year of the adoption date of this resolution, unless otherwise extended according to the provisions of said section, except for"Phase Three"of the residential portion of the project which may apply for Final PUD at any time with no one-year limitation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: The City Council finds as follows with regard to the Conceptual PUD Plan for the Aspen Golf and Tennis Club/Truscott Housing: • Intersection and site access. The intersection design and entrance to the project shall be a signalized light with a short intervening cycle for a 2-3 car cue and a built-in delay for re-triggering the cycle. A sensing device that accounts for the traffic volume on Highway 82 would be helpful in reducing delays. Other options that were disposed-of for various safety, emergency access, and practicability reasons included a stop sign(existing condition), an interchange, a %2 interchange, and a no left-turn scenario. The intersection should be developed once and not in phases or in a manner requiring multiple expenditures to rebuild the same improvements. This intersection should be developed prior to initiating construction of the project. In fact,the development team should be directed to finalize the intersection designs and proceed to construction of this improvement as soon as possible. The concept of this proposed development is not expected to change significantly during Final PUD review and the intersection itself is not proposed on the Truscott site and not subject to a Final PUD approval. A second but least desirable alternative,would be for flaggers to monitor construction access throughout the project development. • Transit Opportunities. The high percentage of existing Truscott residents that use transit on a regular basis indicates this site as a good site for high-density affordable housing. This site represents an opportunity for a true Transit Oriented Development Resolution No.41,Series of 2000 Page 2 and for Transportation goals of the AACP to be realized. The use of internal remote parking (on-site but not directly adjacent to the residences)will aid in promoting transit usage as many residents' cars will be no more convenient than the free transit service. No impact fee provision of the Land Use Code exists for transit impacts and no impact assessment shall be paid, or otherwise accommodated,to the Roaring Fork Transit Agency. • Pedestrian connections. A Highway 82 underpass for pedestrians shall be accomplished to ensure the highest level of safety. The location of the Highway 82 underpass is appropriate considering the limitations of the site although a location east of the intersection would be closer to the residential development. The pedestrian underpass under the entrance way is important in reducing the conflicts between automobiles and bicyclists. To the extent practicable, the pedestrian underpasses should be coordinated with construction of the intersection and of infrastructure improvements. • Parking Garages. A remote parking facility will serve community goals related to infill housing and a study of appropriate locations for such a facility is underway. This pending study may determine the Truscott site as a preferred location for such a facility, but no determination on the best alternative has been finalized. The physical design of the surface parking lot shall consider the possibility of a future parking garage and shall not be developed in a manner that eliminates the future conversion. The Final PUD application is not required to propose a structured parking facility. Due to impacts on the tennis facility, no parking structure under the tennis courts should be included in the Final PUD Plan. • Recreation Parking. A capacity near that of the existing surface lot is expected to adequately meet the demands of the recreation components of this plan. The tennis facility is not expected to require additional parking and may even require fewer parking spaces than the current ball field. The applicant should,however, investigate ways to reduce parking demand by recreational users. Clear indication,and enforcement, of the recreation parking lot is needed to prevent residents from using this parking. A suggested solution would be to prohibit parking from 3 a.m. to 6 a.m. and for a towing company to remove any offending cars. This method would also allow for more efficient snow removal. • Residential Parking. Single occupancy should be a priority for residential units which have less convenient automobile access. Handicapped units should be assigned parking in close proximity. A less than 1:1 ratio of parking spaces to residential units may be appropriate if parking spaces are rented to residents rather than provided free of charge. An increase in the internal street parking should be considered by the applicant. • Internal circulation. The internal three-way intersection needs to maintain clear sight triangles. The landscape plan submitted for the final application should depict this requirement. Strategies to reduce automobile speeds within the project should be Resolution No.41,Series of 2000 Page 3 sought by use of a curved street, speed tables, and/or on-street parking. The final plan should include figlted sidewalks or pathways. • Infrastructure. In order to coordinate with pending scheduled upgrades and reduce overall public costs,the applicant team is directed to design and install major infrastructure to the extent that efficiencies are available. This will allow the utility improvements to be completed with a"dig once"approach. The basic locations of land uses and structures are not expected to change significantly during the Final Review in a manner that would affect these utilities. The utilities should be designed in a manner that does not prohibit, or significantly complicate, development of a parking garage on the surface parking lot in the future. To the extent practicable, every utility should be developed underground. • Construction Plan. A construction plan describing timing of construction components, areas of disturbance, contractor parking, and a physical plan for maintaining adequate access,including emergency access, to land uses remaining Active, including residential, during construction shall be provided with the Final PUD application. • Phasing.Plan. A detailed phasing plan that describes overall timing of specific project phases, including the intersection,and describing construction affects on the golf course operation and leaseholders shall be provided with the Final PUD application. l • Tennis courts. The six court plan with one court having stadium seating for events is preferred.. If clay courts are developed,proper drainage should be included in the designs. The design of these courts and surrounding landscape needs to address the visual and noise impacts from Highway 82. • Golf practice area. The location of the golf building and the pro-shop proximate to the golf practice area will address the current conflicts with pedestrians, autos, and golf carts. • Servicing. The service area for the restaurant should be designed to reduce carrying distances and to eliminate conflicts with outdoor seating. A service area attached to the main building may accommodate these issues if a basement service area is developed. Otherwise,the final plans should strive for easy service delivery, especially to the restaurant. The service area needs to be developed in a flexible manner that can accommodate a future parking garage. The final application should depict adequate trash areas. • Emergency access. The Final application should demonstrate adequate turning radii, turn-around areas,,any pedestrian ways that double as emergency routes,and maximum emergency vehicle-to-event distances required for adequate emergency service. • Clubhouse. The location of the clubhouse is appropriate considering the uses on the parcel, circulation of carts, and the proximity to golf starts,the nordic facilities and Resolution No.41,Series of 2000 Page 4 the tennis facilities. The architectural style presented in the application is preferred. The plan also allows for Golf employees to monitor golf starts and for patrons to observe golfers practicing, finishing, etc. from the restaurant. • Restaurant. The restaurant.is expected to remain a use accessory to the recreational facilities on the site by virtue of its location and size. Therefore,no special restrictions shall be required, • Outdoor spaces. The_drop-off area for the clubhouse to reduce conflict between pedestrians, autos, and carts. The outdoor spaces for the residential portion of the development shall accommodate play areas for children. • Accessory uses. The amended location of the golf carts(north of the tennis courts) is the next best location to the previous plan for storage under the clubhouse (see attached drawings). The locker room facilities should be designed to accommodate all of the intended uses. For residential, the"community center" should be developed. Laundry facilities should be developed as needed. • Administrative.Offices. The administrative offices for Golf, Housing, and a housing maintenance shop should be located at this site. Affordable housing mitigation for the associated employee generation should be provided as would be required for any other office development. • Jr. Golf Facility. Re-use of the existing pro-shop as the Jr. Golf facility is a good idea and the building should be transferred. This Conceptual approval shall not require use of this structure by Jr. Golf. Safety issues for children accessing the recreational facilities from this location should be considered. • Residential Aesthetics. The basic massing, scale,proportion, and heights are acceptable. The design team should continue with the architectural style portrayed in the Conceptual Plan. To accommodate the density goals while maintaining the variable roof heights,the provision of a fourth floor should be considered. • Residential. A high density re-development of Truscott represents an opportunity to promote Transportation, Growth, and Housing Goals of the newly adopted AACP as well as meeting the goals of the Interim Citizen Housing Plan. The project should first and foremost strive for a high density. With a good design, a high density can be achieved with a high level of"livability."To achieve a high level of livability, a community center,play areas for children, and variable roof heights should be accommodated. The concept of a possible fourth floor in some locations is acceptable, subject to final review. A one parking space per residential unit ratio is expected to be sufficient. Additional and short-term parking should be considered along the internal street. The preferred site plan is attached as Exhibit A to this Resolution. Possible modifications within this general concept are expected and will be considered during final review. The combination of Phases#1 &#2 should accomplish a range of 91 units/108 bedrooms to 108 units/120 bedrooms. Resolution No.41,Series of 2000 Page 5 Phase 43 should include 75-85 units in the configuration, or closely related . configuration, as presented with the same number of parking spaces in an underground parking structure. Phase#3 is expected to occur in 2006 and this conceptual approval shall allow for a Final PUD application to be submitted beyond the one-year limitation of Conceptual approvals. • Growth Management. This Conceptual Plan approval indicates the manner in which the various components of this project will be reviewed under the Growth Management Quota System. A final GMQS review shall be conducted during Final PUD Plan review. The residential portion of this development may be exempted from the scoring and competition procedures of GMQS by the City Council upon a recommendation of the Aspen/Pitkin County Housing Authority. The Commercial portion of this development,which includes the pro-shop,the Jr. Golf facility, and the restaurant,may be exempted from the competition and scoring procedure of GMQS by the Community Development Director to the extent that no additional commercial square footage is created(beyond what exists today) and that affordable housing mitigation is provided for the commercial space as if it were newly constructed. In determining this housing mitigation, 3.5 employees per 1000 square feet of net leasable space shall equal the number of employees generated. 60% of the employees generated shall be mitigated. The mitigation may be provided via construction of new units on-site, off-site, or by financial contribution to the remainder of the I Truscott.Housing project. The occupancy standards of the Housing Guidelines should�be used in determining the number of employees housed per unit type. The administrative offices may be exempted from the scoring and competition procedures of GMQS by the City Council as "essential public facilities"upon a finding that the impacts are adequately mitigated. The affordable housing impacts should be mitigated at the same rate as other office development. The mitigation methods for the commercial development, described above, should be used for these facilities. • Overall Plan. The proposed locations and intensities of land uses proposed in the conceptual PUD are appropriate. The Conceptual Plan approval applies to the entire development, including all portions of recreation,residential, accessory uses, and phasing. The Final application shall be reviewed as one aggregate project. This will allow the entire plan to be contemplated as a"total package." In the alternative, Phase#3 Housing may be removed from the Final PUD application and be submitted closer to the time of actual construction.The Conceptual PUD approval shall grant the applicant the ability to apply for a Final PUD on Phase #3 Housing at any time, including beyond the one-year anniversary of Conceptual Plan approval. Resolution No.41, Series of 2000 Page 6 Section 2: Pursuant to Section 26,445,and to the findings set forth in Section One above,the Aspen City Council hereby grants Conceptual Planned Unit Development approval for the Aspen Golf and Tennis Club/Truscott Housing project,subject to the following conditions: 1. The Final PUD application shall reflect and demonstrate compliance with the findings of the City Council,as described above. 2. The Final PUD application shall include: a. An application for Final PUD, Subdivision,Rezoning, Special Review for parking, Growth Management,and Residential Design Standards. A pre- application conference with a member of the Community Development Department is required prior to submitting an application; b. Delineation of all dimensional provisions to become requirements of the PUD. c. A proposed subdivision plat and PUD plans. d. Responses to the referral memoranda from the City Transportation/Parking Department and the City Environmental Health Department. e. A construction plan describing timing of construction components, areas of disturbance, contractor parking, and a physical plan for maintaining adequate access, including emergency access,to land uses remaining active during construction shall be provided with the Final PUD application. L A detailed phasing plan that describes overall timing of specific project phases, including the intersection, and describing construction affects on the golf course operation and leaseholders. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the- Planning and Zoning Commission, and or City Council,are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein,unless amended by an authorized entity. Section 4: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution No.41,Series of 2000 Page 7 Section 6: A duly noticed public hearing on this Resolution was held on the 24th day of April,2000, at 5:00 in the City Council Chambers,Aspen City Hall,Aspen,Colorado. FINALLY,adopted,passed and approved this�day of , 2000. Approved as to form: Approved as to content: CityA-W6'rn`ey7 Rache E.Richards,Mayor Attest: Kathryn S.Jach,City Clerk Attachments: A--Annotated Conceptual Plan C:\home\CHRISB\CASE9\TktJSC07n,CC RESO.doc Resolution No.41,Series of 2000 Page 8 �':; �• f � :,} t�,�'°,.w j, ''�� Ili p7tt :R h or } �@fir, ktl 1W i, It TW r�r 6E UW WPM Ir c _ i,.�y",. � # f�t �� ..:'a yea •�..'Mz`,:• .r i �GIN�� E•F fc Q'�' jf ,Sct etasf� si.e'' R , ORDINANCE NO. 34 (SERIES OF 2000) AN ORDINANCE,OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE ASPEN GOLF AND TENNIS CLUB/TRUSCOTT HOUSING FINAL PLANNED UNIT DEVELOPMENT,SUBDIVISION,REZONING,AND EXEMPTIONS FROM THE SCORING AND COMPETITION PROCEDURES OF THE GROWTH MANAGEMENT QUOTA'SYSTEM. WHEREAS,the Community Development Department received an application (the application)from the City of Aspen and the Aspen/Pitkin County Housing Authority, applicant, for a Final Planned Unit Development(PUD)approval, Subdivision approval, Rezoning approval, Special Review for parking, Residential Design Standards Review, Growth Management Quota System exemption for reconstruction commercial square footage, and an affordable housing exemption from the scoring and competition procedures of growth management for redevelopment of the Aspen Golf Course parking lot, golf support areas, and Truscott Affordable Housing to include additional affordable housing and recreational facilities on land currently described as Lot#I and Lot#2 of the Aspen Golf Course Subdivision,parcel numbers 2735-111-09-702&2735-111-09-001, including land within said Subdivision described as"golf course support area;"and, WHEREAS,pursuant to Aspen City Council Resolution No. 41, Series of 2000, the Truscott Affordable Housing and Aspen Golf and Tennis Club project(the project) was granted Conceptual PUD approval; and, WHEREAS,the Conceptual PUD approval considered three phases of housing development with the specific understanding that the third phase is not expected to occur until 2006 and that the Conceptual approval allowed for a Final Development Plan to be submitted for said third phase at anytime, combined with the Final PUD application or as a separate application, including beyond the one year limitation of Conceptual approvals; and, WHEREAS,the application includes only the first and second phases of residential development and the third phase,to be located on proposed Lot#2 of the Third Amended Plat of the Aspen Golf Course Subdivision Plat, shall remain subject to Final Development Plan approval and subject to City Council Resolution No. 41, Series of 2000; and, WHEREAS,pursuant to Section 26.304.060 of the Land Use Code, and in consultation with the applicant,the Community Development Director has permitted a . modification in review procedures to combine the Special Review for parking and the Residential Design Standards review with the Planned Unit Development review and the e growth management exemption review for reconstruction of commercials square footage g with the affordable housing growth management exemption review for the purposes of ' ensuring economy of time and clarity; and, WHEREAS, such review procedure modification has not lessened any public hearing noticing or any scrutiny of the project as would otherwise be required; and, Ordinance No.34, I Illlll VIII �IIIII VIII VIII! VIII Ilill III Illil 1111 Ill! Series of 2000. Page 1 446358 08/24/2000 09:58A ORDINANC DAVIS SILVI 1 of 7.R 35.00 D 0.00 N 0.00 PITKIN COUNTY CO i� • .. WHEREAS,the application was referred to the relevant referral agencies �.. including the Fire Marshall, Colorado Department of Transportation, USWEST Communications,the Pitkin County Community Development Department,Holy Cross Electric,Aspen Consolidated Sanitation District,the Roaring Fork Transit Agency, City Water Department, Environmental Health Department, City Engineering Department, Parks Department, and the Building Department; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Final PUD and recommended approval with conditions; and, WHEREAS,pursuant to Section 26.304 of the Land Use Code,Final PUD, Subdivision, Rezoning approval may be granted by the City Council at a duly noticed public hearing after considering a recommendation by the Planning and Zoning Commission made at a duly noticed public hearing,relevant referral agencies,the Community Development Director, and testimony by the general public; and, WHEREAS,during a regular meeting on June 20,2000,the Planning and Zoning Commission opened the public hearing to consider an overview presentation of the project and continued the public hearing to July 11,2000, to consider the project in total and testimony by the general public, and continued the public hearing to July 18,2000, and, by a three to two (3-2) vote,recommended City Council not approve the Final PUD, Subdivision,and Rezoning of the Aspen Golf and Tennis/Truscott Affordable Housing project;and, WHEREAS,during a meeting on July 25, 2000,the Planning and Zoning Commission decided to reconsider the denial recommendation and continued the reconsideration hearing to August 1, 2000; and; WHEREAS,during a regular meeting on August 1,2000,the Planning and Zoning Commission re-considered the recommendation to City Council and recommended,by a seven to zero (7-0)vote, City Council approve the Final PUD, Subdivision,and Rezoning of the Aspen Golf and Tennis/Truscott Affordable Housing project, subject to conditions of approval listed hereinafter. WHEREAS,pursuant to Section 26.304 of the Land Use Code, City Council may exempt affordable housing in compliance with the Aspen/Pitkin County Housing Authority Guidelines after considering a recommendation from the Aspen/Pitkin County Housing Authority and the comments offered by the general public at a duly notice public hearing; and, WHEREAS,the Aspen/Pitkin County Housing Authority has recommended approval of the project; and, WHEREAS,the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission,the Aspen/Pitkin County Housing Authority, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, Ordinance No.34, Series of 2000. Page 2 448358 08/24/2000 09:5 58R 8R ORQINRNC Qpyig giLyi 2 of 7 R 33.00 Q 0.00 N 0.50 PITKIN CbUN -- TY CO ' 1 WHEREAS, the 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 Community Plan;and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health,safety,and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO as folIowsc Section 1: The Truscott Affordable Housing and Aspen Golf and Tennis Club Redevelopment Planned Unit Development, Subdivision, Rezoning, and exemptions from the Growth Management Quota System are hereby approved, subject to the conditions of approval listed hereinafter. Section 2: The Official Zone District Map of the City of Aspen shall be and is hereby amended by the Community Development Director to reflect Lots 2,3, and 4 of the Aspen Golf Course Subdivision, City of Aspen,as included in the Residential Multi-Family— Planned Unit Development Housing(RMF-PUD);to reflect a Planned Unit Development (PUD) Overlay designation on all portions of Lot#1; and,to amend the Golf Course Support(GCS) Overlay on Lot#1 consistent with the area described on the Third Amendment Plat of the Golf Course Subdivision. Section 3• Conditions of Approval: 1. Within 180 days after final approval by City Council and prior to applying for a Building Permit,the applicant shall record a Subdivision Plat and Final PUD Development Plan. The Subdivision plat shall include easements and signature blocks for any utility mains that are intended to serve adjacent parcels or include easements to the benefit of any jurisdiction other than the City of Aspen. The Final PUD Plans shall include an illustrative site plan,landscape plan,architectural character plan,a utility plan,a grading/drainage mitigation plan,and an exterior lighting plan. The PUD Plans shall describe Lot#2 as"Phase Three Housing"and remaining subject to Final Development Plan approval. The landscape plan shall include a signature line for the City Parks Director. 2. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised subdivision boundaries and the revised Golf Course Support Area(GCS)Overlay to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, ° including any amendments,shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy for any of the housing units. Ordinance No.34, Series of 2000. Page 3 446358 08/24/2000 09:68A ORDINANC DAVIS SILVI 3 of 7 R 35.00 D 0.00 N 0.00 PITKIN COUNTY CO r . 3. A revised lighting plan shall be approved by the Planning and Zoning Commission and recorded as an addendum to the Final PUD Plans prior to issuance of a building permit. An appeal of the Commission's decision may be considered by the City Council. 4. Within 180 days after final approval by City Council and prior to applying for Building Permit,the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: The agreement shall state the ownership and maintenance responsibilities of the common areas of the project. The Agreement shall describe the provisions applicable to the un-approved Phase#3 of the residential development remaining subject to Final Development Plan approval. The agreement shall include the draft construction schedule and shall require approval by the Community Development Department for any substantial changes to the schedule or areas of " disturbance. 5. The Final PUD approval is subject to approval of an addendum Transportation Demand Management Plan by the City Council after conducting a joint meting with the Planning and Zoning Commission and the Aspen/Pitkin County Housing Authority Board. Said plan shall describe strategies to reduce automobile usage that will be implemented by the owner/operator of each individual lot(residential and recreational),any shared responsibilities,and shall include an amendment procedure. The Plan shall be approved prior to occupancy of the residential portion of the development. 6. The applicant shall be required to maintain adequate emergency access to and within all areas of the site including plowing,if necessary,the access road across the golf course in a manner determined adequate by the Aspen Fire District and the Pitkin County Disaster Coordinator. Failure to maintain this access in an acceptable condition shall result in an immediate stop work order. Any actions required by the City in reinstating proper access shall be at the sole cost of the applicant. The primary contractor should be notified of this provision and to any provision of their service contract that indicates monetary responsibility for reinstating the access. 7. The public trail system shall remain open during construction. Alternate route designs shall be approved by the City Parks Department and shall be clearly signed. 8. Final trail designs and specifications shall be approved by the City Trail Coordinator prior to start of construction. Restoration of trail shoulders and surrounding vegetation shall be included in the trail designs. Manhole locations shall not coincide with trails. The trail designs shall coordinate with the Entrance to Aspen Maroon Creek Bridge pedestrian crossing plans being prepared by CDOT. { 9. The wetlands shall be designed in with the City Parks Department and the City Engineer to ensure sediment-loaded drainage does not enter Maroon Creek. The applicant shall be responsible for acquiring any necessary Federal l permits. 111!111111111!11111111!!!1!1!1 Ordinance No.34, 446358 08/24/20 @0 "'San 111 OF 11111111!1!11!!1 Series of 2000. Page 4 of 7 R 33,@0 p 0.00 N 0, ANC DAVIS SILVI @0 PITKIN COUNTY CO 10. The Final PUD plans shall indicate bicycle racks near the clubhouse and tennis complex, show bicycle rack location near the housing development,and a drinking fountain near the tennis facility. 11. The applicant shall coordinate utility plans and specifications with the City Water and Aspen Sanitation District, including manhole locations,in order to schedule the proposed Fall start date. 12. The building permit application shall include/depict: a) A letter from the primary contractor stating that the approving Ordinance has been read and understood. b) A signed copy of the final Ordinance granting land use approval and a signed copy of the PUD/Subdivision Agreement. c) A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads,perimeter silt fencing,daily cleaning of adjacent rights-of-way, speed limits within and accessing the site,and the ability to request additional measures to prevent.a nuisance during construction. d) A payment for school land dedication in the amount of$51,787. Building permit fees and land use fees shall not be required as those fees are waived by City Council. e) A soil and sand interceptor in the cart barn and an oil and grease interceptor in the restaurant. 13. The recreational parking area shall be routinely cleared of any non-permitted cars. Accommodation for permitted overflow parking from the Burlingame Seasonal Housing shall be provided in the recreational parking lot during the winter season until such time as the overflow parking is moved or is no longer needed. 14. The four drop-off parking spaces within the housing development shall be signed for"15 minute parking only." No parking shall be permitted along the internal streets outside of designated parking areas. Both of these provisions shall be enforced by the housing property manager. 15. Surface residential parking that becomes available with the completion of the future Phase Three housing development shall become available as"remote parking"to the benefit of infill development projects and shall not become excess or overflow parking for Truscott residents. i F 16. The surface parking lot,as depicted in the final development application and ' intended to serve both recreation and residential parking demand,shall be developed with the flexibility to accommodate the findings of the remote parking study and not preclude a future partial or full upper deck. 17. The winter season overflow parking obligation for the Burlingame Seasonal Housing project(expected to be 30-40 cars)shall be accommodates on-site or at another in kind site through the construction phases of Truscott. This obligation shall be noted in the PUD Agreement and any on-site provision shall be noted in the Construction Management Plan. Ordinance No.34, Series of 2000. Page 5 446338 08/24/2000 09:58P OROINANC DAVIS SILVI 5 of 7 R 35.00 0 0.00 N 0.00 PITKIN COUNTY CO 18. The trash containers provided on-site shall be"bear proof,"meeting the standards of Ordinance 13, Series of 1999. 19. During construction,construction staging, contractor parking shall be limited to the site and areas identified in the Construction Management Plan,appended to the PUD Agreement. The construction disturbance areas may be amended by the Community Development Director. The applicant shall encourage contractors to car-pool,and/or use of the daily parking lots at the airport park-and-ride. At no time shall contractor parking along State Highway 82 be permitted. 20. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. 21. The applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation.fee. In the alternative,the applicant may pay this fee to the City Clerk who will record the resolution. 22. Any substantial modification to the architecture of the project or of the exterior materials shall require review and approval by the Planning and Zoning Commission. Section 4• Ninety-nine (99) permanently deed restricted affordable housing rental units, as proposed on the Truscott site, are hereby exempted from the scoring and competition procedures of growth management. The reconstruction of net leasable commercial square footage in the proposed restaurant and pro-shop is hereby exempted from the scoring and competition procedures of growth management conditioned upon the provision of the necessary subsidy to house 7.4 employees in the Truscott project from the Recreation budget to the Housing budget in a form agreed to by both parties. The decommissioned restaurant area in the Truscott 100 building may operate as a community meeting area but shall be prohibited from operating as a commercial venture, excluding any pre-existing leases. No additional j commercial leases or lease extensions shall be approved for this decommissioned ! space. Section 5• All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if.fully set forth herein, unless amended by other specific conditions. 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. Ordinance No.34, lll I (�il' �11 l 1���� �II 'lil' Series of 2000. Page 6 1111 IN 446338 08/24/2000 09:38A ORDINANC OAVIS SILVI 6 of 7 R 33.00 0 0.00 N 0.00 PITKIN COUNTY CO Seetion 7• If any section,subsection,sentence,clause,phrase,or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 8: That the City Clerk is directed,upon the adoption of this Ordinance,to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 9• A public hearing on the Ordinance was held on the 14"day of August, 2000, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the V day of August,2000. Attest°.., ntS..K ' ,City Clerk chel E.Richards, or CC.;n •�d0,', FINALLY,adopted,passed and approved this 10 day of August,2000. w Attest: • 15. "5h,City Clerk R chel E.Richards Ma or J A'Plir�v'pol to form: C C:\home\Chris\CASES\Tniscott-Final\Ordinance.doc Ordinance No.34 4483"58 08/24/20@0 09.58A !II!!!!II!!!!II!!!III!IN Series of 2000. Page 7 7 of 7 RDIHRIVC QRVIS SILVI R 3s.@@ Q @,@0 N 0.00 PITKIN COUNTY CO 26.445.100 Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. 2. An increase by greater than three (3)percent in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. 4. A reduction by greater than three (3)percent of the approved open space. 5. A reduction by greater than one (1)percent of the off-street parking and loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. 8. An increase by greater than one (1) percent in the approved residential density of the development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. B. Other amendment. An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to Section 26.445.030(C) Step 3. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. An applicant may appeal an amendment determination made by the Planning and Zoning Commission to the City Council. In this case, the determination made by the Planning and Zoning Commission shall be considered a recommendation and the amendment shall be subject -to-final development plan rev_iew an_ d-approval_ by the City Council, pursuant to Section 26.445.030(C) Step 4. An amendment found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council, pursuant to Section 26.445.030(C) Steps 3 and 4. P During the review of the proposed amendment, the Planning and Zoning Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community circumstances. This shall include, but City of Aspen Land Use Code. August,2007. Part 400,Page 111