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HomeMy WebLinkAboutagenda.council.regular.20150309 CITY COUNCIL AGENDA March 09, 2015 5:00 PM I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) FOOD & WINE Charity 5K Run Noise Variance b) Requests Associated with USA Pro Challenge - banners and construction c) Minutes - February 23, 2015 VII. First Reading of Ordinances a) Ordinance #10, Series of 2015 - 530 W. Hallam Historic Landmark Lot Split, First Reading VIII. Public Hearings a) Ordinance #5, Series 2015, Utilities Development Review Fees b) Ordinance #7, Series of 2015 - 1450 Crystal Lake Road, Aspen Club & Spa - Planned Development Amendment c) Ordinance #9, Series of 2015 - Limits on Variations Code Amendment IX. Action Items X. Adjournment Next Regular Meeting March 16, 2015 COUNCIL’S ADOPTED GUIDELINES • Invite the Community to Participate with Us in Solution-Making • Tone and Tenor Matter • Remember Where We’re Living and Why We’re Here COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Kristin Kenny, Permit Coordinator Special Events THRU: Nancy Lesley, Director of Special Events and Marketing CJ Oliver, Director of Environmental Health & Sustainability DATE OF MEMO: February 23, 2015 MEETING DATE: March 9, 2015 RE: FOOD & WINE Charity 5K Run Noise Variance REQUEST OF COUNCIL: Aspen Chamber Resort Association has requested a special event permit for the FOOD & WINE Charity 5K Run in the Rio Grande Park on Friday, June 19, 2015. The Special Event Permit Review Committee has met and reviewed the permit with the applicant. ACRA has received a conditional special event permit for this event. ACRA would like to request a noise variance to begin at 6:30a.m., which is 30 minutes earlier then the allowed time of 7:00a.m. BACKGROUND: This is the 4 th Annual run and the 5K route will start and finish at Rio Grande Park. The event is a fund raiser, is open to the public, anticipating approximately 600 participants and there will be a $30 GA entry fee. The run will be staffed by volunteers who will help manage registration and act as course marshals. Event uses amplified speakers for announcements and has a DJ playing music. Registration will be available online beginning April 1 and onsite registration will take place Thursday, June 18 in the F&W registration tent. In addition to the general public, many F&W chefs, wine speakers, and event pass holders participate in the race. Due to start time of the F&W seminar programming that morning in which they present or attend, the race start time must begin at 7:00 a.m. In 2014, City received complaints about event having amplified music beginning at 6:30a.m. DISCUSSION: The applicant will deliver letters to business and residents near Rio Grande Park and along the race route two weeks before the event. Their letter will thoroughly outline the event’s times and impacts. Section 18.04.050(B)(1) allowed noises states (3) Special Events or other events to which the public is invited with following conditions: P1 VI.a Page 2 of 2 (1) Sound emanating from outdoor athletic events between 7:00 a.m. and 9:00 p.m. (2) Special Events or other events to which the public is invited with the following conditions: (a) The maximum decibel level at the perimeter of the event does not exceed 100 decibels; and (b) Amplified noise shall be created only between the hours of 9:00 a.m. and 9:00 p.m.; and (c) Neighbors within two hundred fifty (250) feet of the site of the proposed sound source are notified. Such notification must be in writing and be done seven (7) days prior to the starting time of the event; and (d) The arrangement of loud speakers or the sound instruments must be such that it minimizes the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines; and (e) All reasonable measures are taken to baffle or reduce noise impacts on the neighbors; and (f) Event organizers agree to cooperate with the Police Department in addressing noise complaints from neighbors, which may include the termination of the event. FINANCIAL/BUDGET IMPACTS: There are no financial impacts for the City. ENVIRONMENTAL IMPACTS: The noise variance would allow the FOOD & WINE Charity 5K Run to exceed the noise ordinance by an additional 30 minutes, earlier than the current 7:00a.m. start time for athletic events. RECOMMENDED ACTION: Should Council approve this request, amplified sound will begin at 6:30a.m. and the race start time will be at 7:00a.m. ALTERNATIVES: Without an approved noise variance, prior to 7:00a.m., all announcements /amplified sound will be kept below 60 dba, per Municipal Code Section 18.04.030(A). PROPOSED MOTION: By adopting the consent calendar, Council is approving the request for amplified sound to begin at 6:30a.m. CITY MANAGER COMMENTS: P2 VI.a Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Nancy Lesley, Director of Special Events and Marketing MEETING DATE: March 9, 2015 RE: Requests Associated with USA Pro Challenge REQUEST OF COUNCIL: Council is being asked to extend the length of time banners are allowed on light poles on Main Street and in the commercial core from 14 days to 4 weeks. Council is also being asked to ban construction in the Central Resort Area on Wednesday, August 19, and a “morning only” (half) day on Thursday, August 20, 2015, the two Pro Challenge race days. DISCUSSION: In 2011, 2012, 2013 and 2014 Council granted both these requests. The City of Aspen Municipal Code 26.510.140 Policies regarding signage on public property: C. Banners and flags on Main Street light posts. 1. Purpose : Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City-owned light posts on Main Street. 2. Eligibility : Banners hung from the Main Street light posts shall be permitted for anniversaries of local nonprofit organizations beginning at the organization's tenth (10th) year and for events that are considered relevant to a large segment of the local community 6. Duration: The display of banners and flags on the Main Street light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. Banners are allowed on light posts in the commercial core when associated with an approved special event, also for only 14 days. Staff is requesting Council allow banners celebrating the Pro Challenge to be hung on light posts on Main street and in the commercial core for 4 weeks. Staff feels that with the magnitude of press coverage, national and statewide as well as the impact on the community, that the extended time period is warranted. The City of Aspen Municipal Code Section 8.56.010 adopts the Construction Management Plan and Section 4.0 of the Construction Management Plan outlines the hours of construction and is allowed from June 1 st through Labor, limited to 7 AM to 5 PM Monday through Friday. P3 VI.b Page 2 of 2 Construction in the Central Resort Area is not allowed during Food & Wine. Staff is requesting Council extend the construction ban for the Pro Challenge (this year it is scheduled for August 19 th and 20 th ) so that there will be no conflicts between bicycle racers, spectators and construction crews. Staff is requesting all day on Wednesday, August 19 th and a morning only, or “light” day on Thursday, August 20th. RECOMMENDED ACTION: Staff requests Council approve both of these requests. ALTERNATIVES: If Council does not want to approve the staff recommendation, banners will be hung for the allowed 14 days. Staff does not feel there is an alternative to not allowing construction in the Central Resort Area August 19 th and 20 th as it is a safety issue. PROPOSED MOTION: By adopting the consent calendar, Council is allowing the banners for the Pro Challenge to be hung on light poles around the city for 4 weeks and is also approving no construction in the Central Resort Area on August 19th and morning of 20 th . CITY MANAGER COMMENTS: P4 VI.b Regular Meeting Aspen City Council February 23, 2015 1 CITIZEN COMMENTS AND PETITION ................................................................................................... 2 COUNCILMEMBER COMMENTS ............................................................................................................ 3 BOARD REPORTS ...................................................................................................................................... 4 CONSENT CALENDAR ............................................................................................................................. 4 Resolution #25, Series of 2015 – Contract – Winter & Company – Residential Design Standards Update ....................................................................................................................................................... 6 Minutes – February 9, 2015 .............................................................................................................. 6 Resolution #24, Series of 2015 – Contract Change Order for R.A. Nelson ...................................... 6 PUBLIC HEARING FOR POLICY RESOLUTION - Resolution #15, Series of 2015 – amend Section 26.212 and 26.220 of the Land Use Code ................................................... Error! Bookmark not defined. Ordinance 5, Series of 2015 – Utility Development Review Fee Amendment ............................................ 6 Ordinance #9, Series of 2015 – Limits on Variations Code Amendment ..................................................... 6 Ordinance #8, Series of 2015 ........................................................................................................................ 9 Resolution 23, Series of 2015 ..................................................................................................................... 10 Resolution 22, Series of 2015 ..................................................................................................................... 13 P5 VI.c Regular Meeting Aspen City Council February 23, 2015 2 At 5:00 pm Mayor Skadron called the meeting to order with Councilmembers Frisch, Mullins, Romero and Daily present CITIZEN COMMENTS AND PETITION 1. Peter Fornell asked about the progress with reviewing the cash in lieu program. There was a study in 2011 and the results were not a surprise. It was recognized as a serious problem and no action has been taken. The amount is only mitigated for 70 percent of what is requested in development. The City is asking the community to come up with extra FTE’s to meet the numbers. The employee generation study is completed and the results are what we expected. One disappointing result is not taking a look at residential mitigation or generation. In regard to the affordable housing certificate program, when accepting cash in lieu for 60 to 70 percent the private sector can’t do that. If you want to see the program die continue to take 60 to 70 percent of what it cost to complete. No one will buy certificates and development will come to a halt. It’s time this board puts this on the top 10 list and takes a good hard look at what you are asking for. 2. Jerry Bovino said our job is to keep Aspen beautiful. That is why we have a municipal code. The worst we could do is carve one off variances to the code. Developers are smarter than we are. We need to rewrite the code so it fits the current needs of the City. It should be uniform for every developer that comes here. People are not opposed to development but bloated stupid development that makes Aspen ugly for our grandchildren. Make the code something that is good for everyone in Aspen. 3. Walt Madden encouraged Council to vote no on ordinance 9 at first reading. Ordinance 9 feels like a knee jerk reaction to the charter amendment petition. He encouraged Council to stop spending time on that and start legislating code amendments we need in town. 4. Tim Reed said Council creates policy and staff and the city implement them. Over 1000 voters expressed disappointment in the process. Let this go to a vote and come back to an ordinance after the vote. 5. Bert Myrin asked Council to vote no on ordinance 9 tonight. Spend time on the substance of the code instead of the process. Try some things to address the substance. 6. Torre stated he supports the previous speakers. Not sending this to second reading will be the best move for this Council. He said regarding the election he was dismayed when Council chose to do an all mail ballot election. Polling places are vital to the community. The biggest charge for Council is to encourage voter turnout. There is a middle ground. We don’t need to run all the precincts we have previously. City Hall will act as a voting center. He recommended a second center possibly at Schultz. In 2013 voter turnout was 35%. What can we do about that. It starts with access. Sending a ballot to everyone is a great move. One third of the people who were on the PMIV and requested a ballot sent the ballot back. 100% of the people who went to the polling place voted. He is asking Council to consider setting up additional voting centers. Mayor Skadron said he agrees with what Torre said. When this came before Council he objected to mail ballot. Polling places are the essence of community and helped to create the fabric we cherish so much. Does Council want to move to a hybrid system. Councilman Daily said he respects what Torre brought to us. He had similar feelings when this first came up. He likes the sense of community coming together to vote. If there is a way to move towards a hybrid system he is happy to work with the Mayor. Mayor Skadron said he is concerned about voter clarity. With multiple options there is a question of when voting happens. His preference would be not the hybrid system but return to the old way. Councilwoman Mullins stated she supports the hybrid but would support anything that gets more voter turnout. Allowing voters several options increases their participation. She supports polling places going away. Things do change and we need to provide other options. P6 VI.c Regular Meeting Aspen City Council February 23, 2015 3 Torre said the trend is going towards mail in and the concern is to have similar systems. Getting a ballot mailed has been available for a while. The only change here is one will be mailed to everyone. It is hard to make heads or tails of who is voting. This will be the first all mail ballot for the City and he suggests we run the hybrid system for this year. We won’t know that info until we test that out. Councilman Frisch said the county, state and federal process are all doing same thing. If there is a way for this election to be a hybrid we do need neon signs saying don’t expect this for the future. We should try to get on the national process. Trying to get as many people to vote as possible. Polling places won’t be there forever. Torre stated the snow is back. He noticed there are places where large snowplows can’t access. Specifically between Galena and Mill and he is asking Council and the City Manager if it would be possible for resources for a bobcats to help with trouble spots. 7. Mick Ireland stated mail ballot is the most important statistic in a highly transient town where about 20 percent of any given mailing is returned. A good many voters think a ballot is coming and it can’t be forwarded. The hybrid system merits some consideration. The issue over ordinance 9 is to continue it. Council might be well advised to continue it till after the election. The ordinance exempts parking from the home rule charter. It might be better to wait until the people have spoken. The ordinance concedes the point people are qualified to vote on land use decisions. Rather than two competing versions let the people speak and come back. We need a compressive approach to parking rather than a variance. When Base 1 was approved statistics were conjecture not facts. It bears some examination. He proposes a framework to go forward to look at the problem as a whole not a project by project basis. 8. Steve stated it is inappropriate to proceed on ordinance 9. It looks and smells like a tactic to screw up the initiative. 9. Jasmine Depocter – stated she completely agrees with Mick Ireland. 10. Marsha Goshorn said the idea of a mail in ballot good. Many people came and dropped off their ballot in the envelope for the November election. 11. Doug Wilson begged Council to postpone any action on Ordinance 9. 12. Cark Hecht said last November trash bins at the post office were stacked full of ballots. 13. Janine Kirk agrees with Bert and Mick. She hopes Council postpones ordinance 9 or votes no. There have been social dances in the rio grande for the last 9 years. She appreciates the city offering that. The numbers have gone from 20 to 50 and there is no other venue in this town. She is asking Council to reconsider letting the rio grande crew use something other for a staging area. She would like to use the room until December. Councilman Frisch said this came up before and it is more than the use of the room than can be supplemented by a trailer. Jack Wheeler stated the building is not being used for library contractors. They are re-waterproofing the garage and remodeling the rio grande to accommodate the building and engineering departments. The remodel is starting in April and will continue through summer. They stopped taking reservations April 1 to give time for alternative space for activities. They tried to come up with other ideas and are still working on that. In order to build engineering into that space they need six months to renovate the space to accommodate them when they get there. 14. Blanca O’Leary stated over 1000 signed on for the petition to keep aspen aspen. It might make more sense to wait for the May election results. COUNCILMEMBER COMMENTS 1. Councilwoman Mullins asked what the schedule for the employee generation study is. Barry Crook, managers office, replied the community development portion is set for a work session at the end of March. Staff is meeting with housing on how to take the cash in lieu forward. Councilman Frisch said he thought the cash in lieu affects residential and commercial. There is a P7 VI.c Regular Meeting Aspen City Council February 23, 2015 4 community buy-in on the commercial aspect. The hard part is are we multiplying by the right number. There is heartburn with the residential numbers. How many square feet equal an FTE. We know one component. Chris Bendon, community development, said there are two projects, APCHA and community development. It is on hold for clarity around the residential study. They should have the report out around March first. Councilman Romero asked what report Peter was referring to. Mr. Bendon said they have seen a draft but have not sent it out publicly. Councilman Frisch asked where we are on the cash in lieu number. Mr. Crook said that study was quite some time ago. There are questions on the methodology. Councilman Frisch responded the gap methodology and it didn’t fly. Mr. Crook said there is a slightly different gap proposal with a historical cost basis approach. Mr. Bendon said Council wanted to look at the two things together. Cash in lieu was put on hold until the employee generation study came back. Councilman Romero said the RHETT collection in 2014 was six or seven million. Councilman Frisch said that will go in to how it is handled. 2. Councilman Frisch said the snow is good and smiles are big. Be careful in the back country. We have one of the highest avalanche regions in the country. 3. Mayor Skadron said next weekend is the power of four mountaineering race. It is also the first Aspen uphill event. There will be vendors at gondola plaza along with the first Aspen uphill ski swap dedicated to ski mountaineering from 11 to 3 at the plaza. At four there will be a film screening highlighting the history of Aspen at the Ute. BOARD REPORTS Mayor Skadron stated RFTA set the IGA for senior programs. They are working on the draft rio grande corridor access control plan. RFTA manages the bike path and the trail is a protected corridor. There are things RFTA must do to protect that and they are on top of it. CONSENT CALENDAR Resolution #24 – contract change order R.A. Nelson Evan Pletcher, asset, told the Council transit one and two areas have an issue with roof drainage onto the sidewalks creating ice and dangerous scenarios. There are also drainage issue with the concrete. Councilman Romero asked if this is an existing condition. Jack Wheeler, asset, said they have been talking about this since 2011. There was one issue with someone falling. This was in the budget for 2014. They increased the scope in December to add the roof structure over the walkway. Councilman Romero said they approached the existing contractor and secured an attractive bid and proposal to complete the work as a change order so we don’t have to see a second contractor. Mr. Wheeler said the work was priced in the past and this is a better price and a more inclusive scope of work. Councilwoman Mullins stated the memo mentions Council had approved the repairs previously but the work was never completed. She asked if the money was previously budgeted. Mr. Wheeler said the money carried forward to 2015. There is a typo in memo but it is a carry forward. It was approved two years ago and carried forward to 2014. It did not get implemented in 2014 and carried forward again. It was taken out to bid but they received no bids. Mayor Skadron asked them to run through the numbers. Mr. Wheeler said the available carry forward is 134,000 dollars. The contract is for 130,000 and the rest is contingency. Councilwoman Mullins asked if the reason it was not completed is there were no bids. Mr. Wheeler replied yes, it went out to bid with the regrading project. Resolution # 25 – residential design standards update Chris Bendon, community development, stated the design standards were adopted in the mid 1990’s. The result was a set of objective standards applied to residential design. They are silent on style but require P8 VI.c Regular Meeting Aspen City Council February 23, 2015 5 certain aspects like garage placement and porches. This is a freshen up of those standards. There were six or seven responses to the proposal. Staff selected Winter and Company. They have great experience in Aspen design guidelines. They are comfortable with Aspen and resort areas. The questions in the memo regards scope options and a significant question centered on scope expectations. This is a simple freshen up. It is a basic framework that allows creativity in architecture and the ability to achieve exemptions on certain properties. Some standards work well and some need retooling. It is not a reconsideration of larger scope issues. Staff is not going back to a design board. If that is the expectation we would be busting the budget. There might be folks in the design community who want the larger conservation. If Council wants that Staff would rebid the proposal. Councilman Frisch said his personal take is the built environment is focused on downtown. The residential aspects are working well and the historic aspects have been taken care of. There is a pretty good system and it works. Mr. Bendon stated this is for non-historic properties. Councilwoman Mullins said she does not quite agree with Councilman Frisch. Winter will do a great job. 25,000 dollars is a good fee. It should have a lot of public participation and that may inform if it is a refresh or a rework. A rework may be necessary to address all the different styles in town. The standards right now don’t apply equally to each property. It needs looked at in depth. It can start with a refresh and have public outreach and see what the response is. We very badly need a rewrite of the historic guidelines. They still do not contain a strong landscape section and are weak in addressing AspenModern. In the future she will suggest rewriting those. It sounds like a good contract for now and a wait and see reaction. Councilman Frisch said there are three components; size, look and feel. He asked if her concern is about one of these or other aspects. Councilwoman Mullins replied her concern is varying architecture and some standards are fairly strict like the front door has to face the street. They do not apply equally to all styles. It need to be more flexible or more detailed. Councilman Romero said he agree with Councilwoman Mullins comments. His sense is staff is bringing this forward based on friction and neighborhood architecture styling across town. It is hard to apply one set of rules across these different personalities. They are not applied uniformly and create frustrating conversations. This particular rule seems to be a duck out of water. Mr. Bendon said there are some fixes Staff would have liked to have brought forward years ago. They shared frustrations with the development community and Staff feels they can be dealt with. Councilman Romero said there is some level of reform to make it simpler, cleaner and less regulation over all would be ok. It would allow for some needed flexibility within the program and allow for creativity that is one of our hallmarks. Mr. Bendon asked if there is any commentary on the optional scope. The graphics in the current standards have been very valuable and is an add on item. Councilman Frisch stated we are all trying to figure out how to encourage the condo market to redevelop. Anything that comes up with ideas that respect town character and see things move forward I’m for. Multi family is money well spent. Councilwoman Mullins is in support to include the graphics. Councilman Romero is also ok with the graphics and does not think they need to take on multi family right now. Councilman Daily said the recommended first step is necessary. It is not expensive or time consuming but will be helpful to the community. Other areas that need updates and further work are a second step. He would like Staff to think about the direction they need from Council to move ahead on those. P9 VI.c Regular Meeting Aspen City Council February 23, 2015 6 Councilwoman Mullins said to keep the standards within the land use code. Councilman Frisch said to go with this and see where it goes. Mr. Bendon recommended Council adopts this with the 5,000 dollars for the graphics. • Resolution #25, Series of 2015 – Contract – Winter & Company – Residential Design Standards Update • Minutes – February 9, 2015 • Resolution #24, Series of 2015 – Contract Change Order for R.A. Nelson Councilman Frisch moved to adopt the consent calendar; seconded by Councilwoman Mullins. All in favor, motion carried. Ordinance 5, Series of 2015 – Utility Development Review Fee Amendment Lee Ledesma, utility department, told the Council 2015 is the first year with the utility development fees. Prior to now they were absorbing the smaller reviews in house and outsourcing the larger ones. At the end of 2014 when the 2015 fees were adopted the table with the remodels was adopted incorrectly. It was shown as a per ecu rate instead of a .05 ecu. The majority of the remodels are a .05 on average with a flat review fee less than 50 dollars. Unfortunately Staff needed to come back to get the fee fixed. The minor and major review rates are correct as presented. Councilwoman Mullins asked if it was a typo or omission. Ms. Ledesma replied it was a typo in the remodel section. Everything presented on the revenue and expense side represent .05 not the per 1 ecu. Not correcting the fee would impact the numbers in the long range plan by about 60,000 dollars. Councilman Romero moved to read Ordinance #5, Series of 2015; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 5 (SERIES OF 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING TITLE 2 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND SECTION 2.12.100, BUILDING AND PLANNING. Councilman Romero moved to adopt Ordinance #5, Series of 2015 on first reading; seconded by Councilman Daily. Roll call vote; Councilmembers Romero, yes; Daily, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. Ordinance #9, Series of 2015 – Limits on Variations Code Amendment Jessica Garrow, community development, said this will limit the amount of variation an applicant can request. Second reading is scheduled for March 9. This will limit variation requests but allow some flexibility for Council to consider on a case by case basis. It would apply to existing or new planned developments. For height, Council could approve up to two feet above the limit and a ten percent increase in floor area. Beyond that a public vote would be taken. Staff feels flexibility is important. For example, in terms of height an existing building needs a new roof and add insulation but it will be six inches higher than the zone district allowance. This gives Council an out to approve the additional six inches in height that is necessary. In terms of floor area we see projects approved in the 1970’s and 80’s and would like to expand. It should be considered on a site specific basis and Council should have the ability to approve it. P&Z approved specific expansions that the units could do. This flexibility is important. For housing mitigation this amendment would apply to all properties except essential public facilities and those going through the AspenModern program. The current code states Council has to set the mitigation requirement. Commercial and lodging mitigation is set at 60 percent. The AspenModern code requires the property owner to negotiate with the City. This P10 VI.c Regular Meeting Aspen City Council February 23, 2015 7 has resulted in 11 designations in the last four years. The other 25 designated properties took 37 years. The program is successful and working and a model that other communities can do. Parking is not proposed in this amendment. Flexibility on a site by site basis is important. If someone goes above and beyond on transportation mitigation Council should be able to consider that. There are differences between the charter amendment and this proposed code amendment. The goal is to have Council provide direction to Staff on what they would like to see changed. The first is related to non-conformities and the charter amendment exempts the replacement of non-conforming structures and this code amendment would do the same thing. The difference is the charter amendment is broad and applies to properties broadly and not a specific review. If a non-conforming structure wanted to expand it could not occur without a public vote. With this code amendment they could expand in these thresholds or request a hardship variance through the board of adjustment. For AspenModern, with the charter amendment Council could continue negotiation but if it increased height or floor area, decreased parking or housing it would trigger a public vote. The code amendment would not trigger a vote. For essential public facilities, with this code amendment the practice of Council establishing the mitigation requirement would continue. The charter amendment is limited to commercial and lodge zone districts inside the round a bout. The code amendment is limited to existing and new planned developments and applies equally to all property. Staff is also requesting P&Z be designated as the board of adjustment. Mr. Bendon stated Staff thinks it is legitimate to have some flexibility at the Council table to accommodate some design challenges. Obermeyer needed slight variations in height that had to do with topography. In order to make sense of the architecture you had to deal with the undulating topography. There are lots of sites with complicated slopes and are difficult to deal with architecturally. Staff is not suggesting this code amendment affect parking there is a more thorough discussion that should happen around parking. There is a work session in March focused on transportation management. Councilwoman Mullins said the Molly Gibson is a site with several different underlying zones if you stipulate only 10 percent FAR or two feet in height what if there is a choice of applicable zones. Mr. Bendon said they will have that answer for second reading. Split zone properties are difficult. Councilwoman Mullins asked him to comment about parking and she does not think we should be addressing parking. We need to be thinking about a more comprehensive policy as modes of transportation are changing. She prefers to come up with a bigger policy decision on parking. This has been described as a knee jerk reaction and she does not think it is. This is a response to the community concern. We’ve approved several projects with no variances. In terms of voting no on moving this to second reading, when she voted no on Base 2 one of the outcomes is there is no additional public comment. She wants to make sure everyone who wants to comment on this has a chance. Councilman Frisch said it sounded like if we were for this ordinance it would nullify the ballot question. No matter what we do up here there will be a vote we have to title. It is going forward whether we want to or not. His overall view is a lot of people who signed it wanted to shout out this is the only option we have and we want to take it. Staff is responding to Councils request that doesn’t ham string the community and is a more thoughtful way. Council could have put their own proposal on the ballot. Is there is a way to come up with what serves the community best and act in good faith with what we have heard in the community. The idea of allowing flexibility for a little height and FAR only just raises the bar to a new max. The flexibility makes sense. The reason we are stuck here is this town gets a lot of buyer’s remorse. We need to figure out how we tackle this and it is not just another up zone. Mr. Bendon said developers will make a conscious decision as to what they put forward and some of that is what they have to go through. They understand it is a two foot variation and they might focus on developing a project that conforms to the code and not unload with additional trips to council. If it is really a discussion of two feet and it is necessary they will do it. Two feet is nominal in terms of their project. They will only come if there is a real technical necessity to their request. Councilman Frisch said if there was a poll taken to buildings that are objectionable there are buildings filled with variances that are no problem. It seems there are buildings that don’t have any variances and have lots of consternation. There are a lot of buildings that give issues that met the code. That is the issue. If height needs to be P11 VI.c Regular Meeting Aspen City Council February 23, 2015 8 changed we should be talking about that. Will there be further steps taken to get to the real issue. Mr. Bendon replied a lot of what happens in town are code compliant for when they were approved. The code has changed. What you are seeing is it takes a few years for approved projects to be built. What you are seeing downtown is not a result of variances but a code that allowed for those heights. It has been changed. Councilman Frisch said he looks forward to a flexibility conversation. Mayor Skadron said the parking component should not be part of the ordinance. Councilman Frisch replied he believes parking was added to the charter amendment because it was a variance. We need to have a discussion about parking. Mayor Skadron said there is a desire in the community for less cars but we demand development to deliver parking. Mr. Bendon said there is legitimate flexibility Council can provide on parking mitigation. Councilwoman Mullins said we should not have something set in stone for parking. We do need less cars in town. Councilman Daily stated these are important matters for this community and he is glad we are having this conversation. This is good for the community and will result in better planning and projects. He does not believe absolute limits are healthy or responsive to government. He likes the direction Staff has gone. He is not saying the specifics are the right ones but tighten down the limits to a reasonable framework and allow some reasonable discretion. He would hate to eliminate any discretion. It is healthy and limits the risk of abuses. The message is keep it to the code. It is healthier for our community than absolute limits. This Council isn’t looking for broad unfettered authority. This makes our life easier and we can do our job better if reasonable limits are there. Council has approved four lodge projects and all are healthy for the community and help improve the lodging inventory. All have been done without abusing the code. So far the response of this Council has been measured. To a certain extend we have been elected to exercise a certain level of measured and reasonable judgment. As Cavanaugh explained it, we are talking about thoughtful government. This Council has endeavored to meet that objective but we won’t hit it on every issue. A measured area of discretion in the long run healthy for our community. To put absolute limits on development is not healthy. We will have a better built community if there is measured discretion in Council. Councilman Romero stated Councilman Daily hit the nail on the head and it was well said. There is a conversation of whether to put the amendment into action and is Council guilty of interference. It is just reactionary and knee jerk. Council attempted to examine how we can do this in a way that is good faith and send a message that was proactive. He shares the sentiments that absolutes especially embedded in the charter is the wrong venue and takes away an important level of thoughtful governance. There is lots of good thinking and sensibility behind the charter amendment work but a bit of anger and frustration. He thinks it will be strongly supported. The guidance he has been trying to focus on are the next steps. It is a trust issue. Councilman Frisch said if the charter amendment passes, regardless of when we pass a code amendment the ballot issue will supersede. If it doesn’t pass is it in the community’s best interest to have this code amendment or wait until after the election. If it doesn’t pass is this the one we want binding or is it better to pause and reflect. Is the code amendment March 9 better than one if we wait. I do believe there are a lot of people who want to see some action but don’t like the charter amendment. There are a lot of good ideas but the charter is not the right venue. It still doesn’t solve the problem of fix the code. Mayor Skadron asked for floor area if there is an additional10 percent how you control this from becoming the basic request of the applicant. It is not unlikely there will be some unforeseen hardship but what we will see is the applicant will argue there is a hardship. Ms. Garrow said there will be a set of criteria Council can use to determine if there is a hardship. Mr. Bendon said it is an additional request requiring additional review with additional exposure and risk. Height is much more sensitive and much more limited. He’s not sure if it’s the approval or the ask that irritates people more. The ask is irritating to folks. Minimizing that may make Council’s job easier. Mayor Skadron asked what technology around modeling programs are we using. Should it be a requirement they use these tools to help the community P12 VI.c Regular Meeting Aspen City Council February 23, 2015 9 see the impact. Mr. Bendon replied it should be an absolute requirement. There is a lot of technical logistics to fit within the City model. There will be additional effort this summer with an intern. Mayor Skadron asked how to keep this from becoming a basic request. What tool is there to prevent it from becoming a request. Mr. Bendon said there should be an argument as to why a project is deserving a variance. Yes there ought to be some limits around the request. Mayor Skadron said some flexibility to work around site specific conditions be incorporated without a quantative component. Mr. Bendon said they have that effectively now. An applicant can come in and ask for anything. There are inherent acceptable limits. This puts benchmarks there. We will take the application in but those requests are subject to a public vote. Mayor Skadron asked if there is a sufficient degree of confidence the flexible components of the floor area portion won’t be abused the way it is perceived variances have been. Councilman Daily agrees that we don’t want this 10 percent to become the new baseline. Some ability to vary due to a site specific constraint and that language is appropriate. Councilman Frisch said what is the additional hurdle to stop the two feet or 10 percent from showing up. How do we stop that from becoming the new minimum. We tried to bring down the unlimited ask in lodging from an unlimited number of floor to four and were shot down. Mr. Bendon said we don’t want the 10 percent to be enticing or part of base line right. Councilwoman Mullins is concerned it will set a new bar and needs a good argument why it won’t. It needs beefed up more for second reading. Mayor Skadron said board of adjustments is currently a citizen committee Staff is talking about giving those powers to HPC and P&Z. Mr. Bendon said their duties would be assigned to HPC and P&Z. HPC deals with variances quite a bit. There is a value as a board member in how the process works and BOA doesn’t get that since they meet very infrequently. P&Z and HPC are fully equipped to deal with this. Mayor Skadron said he concurs with Council and this should go to second reading. To others who made earlier comments, he whole heartily endorses the principle behind the charter amendment. The issue he has is in governance and a healthy community equates to good governance. He can’t support a process that impedes the democratic process. The issue is about governance and if democracy is based on everyone participating and making decisions it is important to move forward. By allowing this to go forward we will have debate in council chambers. Support speaks to good governance. A way of governing that keeps our community strong. Councilman Frisch said for affordable housing what Staff is recommending is if you want to change the levels don’t do it through variances do it through the code. Mr. Bendon said there are physical anomalies of a parcel that can affect height or floor area but not affordable housing. Affordable housing is a global level not a project to project one with the exception of essential public facilities and AspenModern. Councilman Frisch moved to read Ordinance 9, Series of 2015; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO. 9 (SERIES OF 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE LIMITING DIMENSIONAL AND OTHER VARIATIONS, AND ESTABLISHING THE PLANNING & ZONING COMMISSION AS THE BOARD OF ADJUSTMENT. Councilwoman Mullins moved to adopt Ordinance 9, Series of 2015 on first reading; seconded by Councilman Frisch. Roll call vote; Councilmembers Mullins, yes; Frisch, yes; Daily, yes; Romero, yes; Mayor Skadron, yes. Motion carried. Ordinance #8, Series of 2015 – Second Alternate for HPC and P&Z Commissions Linda Manning, city clerk, told the Council this is the public hearing for the ordinance that would allow a second alternate for the Historic Preservation and Planning and Zoning Commissions. P13 VI.c Regular Meeting Aspen City Council February 23, 2015 10 Mayor Skadron opened the public comment. 1. Marcia Goshorn said this is very important. The housing board has had this problem. Adding a second alternate keeps the process moving. Mayor Skadron closed the public comment. Councilman Frisch moved to adopt Ordinance 8, Series of 2015; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Romero, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Resolution 23, Series of 2015 – Regarding the FERC Permit, Pursuit of Micro Hydro Projects and Reaffirming the City of Aspen’s Position Regarding the Protection of its Water Rights. Jim True, city attorney, told the Council at the January 27, 2015 work session council provided direction to come forth with a resolution to formalize some of the positions regarding the castle creek energy center, micro hydro and the protection of water rights. The resolution specifically addresses those issues and allows the current FERC preliminary permit to expire. This is based on direction provided by Council in April of 2014. The FERC attorney advised FERC that we are not pursuing the energy center any further. There was a resolution that adopted the settlement in the water right abandonment case. Staff did considered the possibility of using that permit for micro hydro projects on both Castle and Maroon creek. Staff is recommending not using that permit and if we are going to pursue micro hydro we do so on separate permits. The City will allow the current FERC permit to expire on February 28, 2015. The resolution also addresses the pursuit of micro hydro on Castle and Maroon creeks. The purpose of pursing micro hydro is threefold. To generate power by developing renewable energy resources, maintain healthy stream flows in the two creeks, and protect City water rights and supplies. Staff is recommending pursuing the Maroon creek micro hydro project immediately and authorize the FERC attorney to file a preliminary permit or other approval process with FERC. Staff is not recommending staff or attorney file a permit request on castle creek but simply continue to study it. The resolution provides a statement regarding the City’s long standing and well established intention to protect its water rights. It reaffirms the City’s determination to protect, develop, use all of its water rights to their full decreed extent for all decreed uses and purposes and firmly states the City has no intention and it should not be deemed that any of these actions would be considered as abandoning those water rights. Mayor Skadron opened the public comment. 1. Dick Butera stated his presentation is not about his property. He said he is here to remind council the history of past funding of previous councils attempt to build a hydroelectric plant under castle creek and the attempt to do it again under the guise of micro hydro. The past council in cooperation with the water department has spent 13.8 million dollars on the failed project. If asking why water rates were raised in 2011 through 2017 by six percent per year when the cost of the water has not gone up. The 13 million has to come from somewhere. The outstanding debt on 5 million dollars bonds has to be serviced at 400,000 dollars a year for 15 years. The water department is not forthcoming with their expenses on this project. This council has approved an outside audit for parking and he asked Council to audit this so the tax payers will know why their bills are increasing. The micro hydro proposes up to 300,000 dollars for research. There has never been one in America yet. The machines are made in England and difficult to ship. It is a crazy project and he would love a work session on it. It would produce around 10kw or electric for one house. Council is told to fund this project because it preserves the city’s water rights on Castle Creek. The City has water rights for the collection of water in Thomas reservoir. You don’t need to spend money to preserve those rights. Aspen does not have the water rights to P14 VI.c Regular Meeting Aspen City Council February 23, 2015 11 generate electricity. Mr. Butera read the section of the Colorado Statutes that pertain to water rights. Abandonment is defined as “termination of a water right in whole or in part as the result of the intent of the owner to discontinue permanently the use of all or part of the water available thereunder” CRS 37.92.305. The failure to apply water to a beneficial use for a period of 10 years or more creates assumption of abandonment. If you don’t use or show an intent to use it you lose it and you don’t get water rights back. Water lawyers have cost 1.2 million so far. He asked for an audit of the money spent for learning purposes and another legal opinion of rights of Aspen to use water to generate electricity. We were told they do not have the rights. He said his government is making him spend hundreds of thousands of dollars to defend his property rights. He would like to have further discussion without lawyers. He stated he found an unsigned agreement for the head gate. For 45 years they abandoned the use and intent for generation of electricity. Two million is for the penstock. He said he was also told that for seven years two employees go to a secret location and spin the generator by hand every two weeks so it does not freeze. It is a terrible thing that happened. His reason for being here is to urge Council not to do it again. 2. Marsha Goshorn said she would like to know where the 13 million went. We have kept our water rights for drinking is that considered a use. It has not been for hydro have we lost our rights. Mayor Skadron closed the public hearing. Mr. True said there are water rights for drinking and we have significant rights on castle and maroon and those are not in jeopardy. We have specific rights and this will help maintain minimum stream flows. He is not suggesting that the drinking water rights are in jeopardy. He still believes the resolution and proceeding with the study on a step by step basis including filing the permit will cost around 5,000 dollars for maroon creek. There is a maroon creek hydro project in existing now. We need the attorney to pursue either a new permit or other application for the micro hydro project on maroon creek. He is not recommending we proceed immediately for a project on castle. Councilman Frisch said there are three issues in front of us. We are going to let the permit expire February 28 th . He said it is in our interest to protect our water rights for as long as possible. These rights have to do with hydro water rights not drinking water. Mr. True stated they are related to hydro power usage as it relates to the existing facility on maroon creek and also helps to protect minimum stream flow. Councilman Frisch said over the past months there has been lots of opposition to the CCEC and why don’t we explore some micro options that won’t harm the stream. Mr. True said these options don’t require diversions. They can be used in existing diversions or head gates. Councilman Frisch said we had some type of micro in some stage of development and not done before. What type of financial costs are we buying into. By approving this we are out about 5,000 dollars. Mr. True stated that is the only financial impact proposing at this time. If there is any further expenditure they will come back to Council. They will advise Council of every step. The next step is this preliminary permit. Scott Miller, utilities, stated there are several different types of micro hydro plants out there. Staff will look at all and make presentations on the potential costs and generation. Councilman Daily asked about the possibility of spending 300,000 dollars on further studies. Are we considering that. Mr. Miller replied no. Mr. True said the preliminary cost of the project may be 300,000. We are not proposing a budget approval for a 300,000 study. Dave Hornbacher, utilities, stated when City Council approved the 2015 budget there is a line item for 50,000 for the study of micro hydro. In the long range plan for 2016 there is 300,000 dollars shown with the intent that a portion could be used to further study and 250,000 dollars for construction. The 2017 plan contains an additional 250,000 dollars. Council has only approve the 2015 budget. Councilman Daily said he is most interested in a cost P15 VI.c Regular Meeting Aspen City Council February 23, 2015 12 benefit analysis of proceeding with the micro hydro and the benefit side is the critical side. We need to understand what the water rights we are protecting with the micro hydro. Councilman Frisch asked if Council needs to make a decision about the permit that is expiring on the 28 th . Is FERC waiting for us to answer. Mr. True said there is no difference we are just trying to be as clear to the public as possible. Councilman Frisch asked about the micro hydro and water rights timing. Mr. True said Staff feels it may be important to file with a preliminary permit for a maroon creek facility. For estimated cost we felt it was appropriate to protect our place in line for the micro possibility. Is it absolutely mandatory we do it, not necessarily but we recommend it. Mr. Butera recommended the City get an expert as to what the end project will be. Amory Lovins said the old hydro would have been the most expensive electricity in America. We don’t know what we get if we get a micro. Mr. True stated there is a lot more to it than the power piece. Staff disagrees with Mr. Butera. Councilwoman Mullins asked how this protects water rights on castle creek. Mr. True stated the third point of the resolution is to reiterate our goals and intents regarding water rights. Fairly regular in the past we made those formal decisions. Our water attorney recommends we reiterate our water rights. Just as Mr. Butera suggest we have abandoned water rights, we affirm we have not. We want to make it clear, and the resolution does it. We do not intend to and have not abandoned water rights. Councilman Frisch said if the 5,000 dollars gets approved is there is 50,000 dollars approved to look at the next steps. Mr. Hornbacher stated he wanted to ensure Council what money is budgeted where. They would spend staff time to gather the information and provide it to Council. Council can provide direction on what money gets spent when and for what. Mr. Miller stated we don’t need to spend 50,000 to get to the work session. Councilman Daily said he is looking for information on what level of city water rights are going to be protected. Councilman Romero said it is a two pronged approach. It is not simply the economic return but the water rights. This Council is trying to be much more mindful and Staff is responding in that regard. Councilman Frisch asked if one of the macro question is build a hydro or lose water rights versus we keep trying to spend as little as possible to try to keep the water rights. It feels like we are trying to protect our water rights but at some point you got to use them, not talk about it. Is this money and action for the water right protection or we don’t need to do that since we have the water rights. Mr. True said there are several aspects to that. There are other pressures on the creek we are trying to address including minimum stream flows. There are arguments people can make if we do not take these steps. Councilman Frisch stated he is supportive of honoring number one and not spending another penny without knowing what the master plan is. He stated he does not know what the end game is. He said he thought we were not going to run into a bunch of opposition that we saw with the CCEC while protecting our long term water rights. He would like to know how it will play out after the 5,000. Mr. True said it will come back in a step by step process. He does expect there will be opposition. There are other users of Maroon creek. Councilman Frisch asked when we get the next steps. Mr. Miller said they will have the preliminary investigation of micro hydro in three months. Councilman Romero asked how much of that information is needed for the permit. Mr. True said staff has done preliminary studies to this point that are sufficient. P16 VI.c Regular Meeting Aspen City Council February 23, 2015 13 There is a permit for the existing facility and it may take a different direction. The FERC attorney said he has sufficient information and is prepared to file the preliminary permit. Mr. True said there will be opposition but Staff believes it is in best interest of the community. Mayor Skadron asked Mr. Butera why he wouldn’t support the City in its pursuit of micro hydro. The goal is not to generate electricity but to support a direction to protect the City’s water rights. You benefit more than anybody. Should the City lose it water rights some unknown party can come along and claim the senior water rights. Maureen Hirsch said someone can’t go after the senior water rights but they could go after junior ones. Mr. Butera said this is a bad project. The 13 million was bad. It is not a smart projects. They don’t have very much information regarding this. Let’s find out from an outside expert. We are here to save money and run an efficient government. Let’s find out what would make a good project and if we find something good that works I’m voting for it. You can’t come back now and start to spend money to maintain water rights. The City does not have them in castle creek. The City abandoned the plant 50 years ago. There are other rights but not hydro. Mr. True stated Staff disagree with his representations. We have water attorneys who have litigated with Mr. Butera. Councilman Frisch asked where the castle creek water rights stand. There are experts on both sides saying different things. Mr. True stated the City went through litigation on abandonment. We did not resolve the disputes around the legal rights and if there was abandonment. Councilman Romero moved to approve Resolution 23, Series of 2015; seconded by Councilwoman Mullins. Councilman Frisch stated he will support this but has questions around the direct cause to water bills going up to cover the costs of the CCEC. We should be ready to talk about that. All in favor, motion carried. Resolution 22, Series of 2015 – Setting the Ballot Title for the Charter Amendment Question Ms. Manning stated Council sets the ballot title and Staff is recommending using the language provided by Mr. Myrin that appeared on the petition. Mr. True said it is Councils obligation to set the title and language. Staff provided the language to Mr. Myrin and he had no opposition. Councilman Daily moved to adopt Resolution 22, series of 215; seconded by Councilman Frisch. All in favor, motion carried. Councilman Romero moved to adjourn at 8:25 pm.; seconded by Councilman Frisch. All in favor, motion carried. Linda Manning City Clerk P17 VI.c 530 W. Hallam Page 1 of 4 MEMORANDUM TO: Mayor Skadron and City Council THRU: Chris Bendon, Community Development Director FROM: Amy Simon, Historic Preservation Officer RE: 530 W. Hallam Historic Landmark Lot Split, First Reading of Ordinance #10, Series of 2015 DATE: March 9, 2015 ________________________________________________________________________ SUMMARY: 530 W. Hallam is a Victorian era home with 1970s and 1980s additions to the east and rear. The applicant proposes to demolish the non-historic additions, move the house front and west, towards the corner, and add on. The lot is to be subdivided so that the open yard on the east side of the Victorian can be developed with a new home. The allowed floor area for the project is the same as would be permitted for a duplex or two detached houses on the property with no subdivision involved. Top left: The house in approximately the 1950s. Top right: The house in 1980, with a one story addition that altered the original design. Left: The site is now inundated with trees that were planted in the right of way. The City Forester has reviewed the property and has indicated that two trees should be removed because of declining health and overcrowding. P18 VII.a 530 W. Hallam Page 2 of 4 HISTORIC LANDMARK LOT SPLIT APPLICANT: 530 Hallam, LLC, represented by Kim Raymond Architects. PARCEL ID: 2735-124-25-004. ADDRESS: 530 W. Hallam, Lots K, L, and M, Block 28, City and Townsite of Aspen, Colorado. ZONING: R-6. The split of a lot that is a designated Historic Landmark for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 – Procedures for Review, after a recommendation is provided by the Historic Preservation Commission pursuant to Section 26.415.110(A) Historic Landmark Lot Split, and according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. B. Alignment with Original Townsite Plat . The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. D. Existing Structures, Uses, and Non-Conformities . A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. P19 VII.a 530 W. Hallam Page 3 of 4 In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. Staff Response: The application, to split the lot into one 4,150 square foot lot, containing a relocated Victorian home, and one 4,850 square foot lot, containing a new home, meets the criteria above. According to the 1904 Sanborn Fire Insurance map at right, there were two houses on the subject property in the Victorian era. 2. The fathering parcel is listed in the Inventory of Historic Sites and Structures. Staff Response: The parcel is listed on the Inventory of Historic Sites and Structures. 3. No more than two lots are created by the Historic Landmark Lot Split. No more than one historic landmark lot split shall occur on any one fathering parcel. Staff Response: Two lots are created. 4. In residential zone districts, the allowable Floor Area for each new residential lot shall be established by allocating the total allowable Floor Area of the fathering parcel to each of the new lots such that no overall increase in Floor Area is achieved and no individual lot allows a Floor Area in excess of that allowed a similarly-sized lot in the same zone district. An equal distribution is not required. The allowable Floor Area for each new lot shall be noted on the Historic Lot Split Plat. Any Floor Area bonus already granted by the Historic Preservation Commission shall be allocated to each individual parcel and shall also be noted on the plat as a square footage bonus. If the properties remain eligible for a Floor Area bonus from the Historic Preservation Commission, the plat and subdivision agreement shall specify the manner in which this potential bonus shall be allocated to the two properties if received. In non-residential zones districts, the Floor Area shall be calculated according to the limitations of the zone district applied to each new lot as permitted for the use. P20 VII.a 530 W. Hallam Page 4 of 4 The total Floor Area shall not be stated on the plat because the floor area will be determined by the use established on each parcel. Staff Response: The allowable floor area on the fathering (existing) parcel is 4,080 square feet. The applicant proposes to split that, plus a 500 square foot floor area bonus granted by HPC, approximately 45% to the Victorian home and 55% to the new home. The floor area for the project is only about 700 square feet more than exists in the single family home on the site today. 5. The Historic Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Staff Response: The plat will be filed subsequent to historic landmark lot split approval by City Council. ________________________________________________________________________ ________________________________________________________________________ STAFF RECOMMENDATION: Staff and HPC recommend Council support the proposed Historic Landmark Lot Split. RECOMMENDED MOTION: “I move to read Ordinance #10, Series of 2015.” CITY MANAGER COMMENTS:__________________________________________ ________________________________________________________________________ ________________________________________________________________________ EXHIBITS : Ordinance #10, Series of 2015 Exhibit A: Application P21 VII.a 530 W. Hallam Ordinance #10, Series of 2015 Page 1 of 3 ORDINANCE #10 (Series of 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 530 W. HALLAM, LOTS K, L, AND M, BLOCK 28, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID #: 2735-124-25-004 WHEREAS, the applicant, 530 Hallam, LLC, represented by Kim Raymond Architects, has requested a Historic Landmark Lot Split for the property located at 530 W. Hallam, Lots K, L, and M, Block 28, City and Townsite of Aspen, Colorado; and WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall meet the requirements of Municipal Code Section 26.480.060.B regarding Minor Subdivision; and WHEREAS, at their regular meeting on February 11, 2015, the Historic Preservation Commission considered the application, found the application was consistent with the review standards, and recommended City Council approval, with conditions, by a vote of 4 to 0; and WHEREAS, Amy Simon, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards for Historic Landmark Lot Split are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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, THAT: Section 1: Historic Landmark Lot Split Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a Historic Landmark Lot Split for 530 W. Hallam, Lots K, L, and M, Block 28, City and Townsite of Aspen, Colorado with the following conditions: 1. The Historic Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City. The Plat shall: P22 VII.a 530 W. Hallam Ordinance #10, Series of 2015 Page 2 of 3 a. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; b. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the zone district, except for any approved variances; and c. Be labeled to indicate that the maximum floor area allowed on Lot 1, a 4,150 square foot lot containing the Victorian home, is 2,138 square feet and on Lot 2, a 4,850 square foot lot containing new home, is 2,442 square feet. Section 2: Severability 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 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development by the HPC, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially 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, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 530 W. Hallam, Lots K, L, and M, Block 28, City and Townsite of Aspen, Colorado. P23 VII.a 530 W. Hallam Ordinance #10, Series of 2015 Page 3 of 3 Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Public Hearing A public hearing on the ordinance shall be held on the 13 th day of April, 2015, 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 9th day of March, 2015. _______________________ Steven Skadron, Mayor ATTEST: _____________________________ Linda Manning, City Clerk FINALLY, adopted, passed and approved this ___ day of ____, 2015. _______________________ Steven Skadron, Mayor ATTEST: _______________________ Linda Manning, City Clerk APPROVED AS TO FORM: _________________________ James R. True, City Attorney P24 VII.a P25 VII.a P 2 6 V I I . a P 2 7 V I I . a Scale: ISSUE A 1.4 10/15/14Plotted On:D E M O C A L C S ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R A W I N G S A N D SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 4 9 7 0 8 9 2 5 8 2 2 5 2 4 4 e m a i l 4 k i m @ k r a i . u s K I M 4 R A Y M O N D 4 A R C H I T E C T S , 4 I N C . 9/18/14 5 3 0 4 W 4 H A L L A M V I C T O R I A N 4 R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1,582 sq ft B B A A 1 2 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 3'-4 3/4"13'-0" 13 ' - 6 " 772 sq ft 62 sq ft 685 sq ft B B A A 1 2 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 2,294 sq ft 86 sq ft 20 sq ft 148 sq ft 752 sq ft 784 sq ft 138 sq ft 2 BA 1 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 50'-6" 1 4 ' - 3 1 / 2 " 1'-10" 707 sq ft 752 sq ft WINDOW WELL LOWER BEDROOMFAMILY ROOM SCALE: 3/16" = 1'-0" UPPER LEVEL DEMO SCALE: 3/16" = 1'-0" MAIN LEVEL DEMO SCALE: 3/16" = 1'-0" LOWER LEVEL DEMO LOWER LEVEL NOT INCLUDED IN CALCULATIONS MAIN LEVEL EXISTING (2294+148+138+86 +20)=2686 SF DEMO 752+784+138= 1674 SF UPPER LEVEL EXISTING (1582 + 62) 1644 SF DEMO 685+772 =1457 SF TOTAL EXISTING EXISTING 4330 SF DEMO 3131 SF 2993 SF /3876 =72% DEMO P 2 8 V I I . a Scale: ISSUE A 9.1 2/3/15Plotted On:3 -D V I E W S ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL SCALE: 1:68.57 DOWN THE STREET SCALE: 1:66.67 ALLEY NE TREETOPS SCALE: 1:68.57 CORNER SIDEWALK SCALE: 1:47.53 CORNER TREETOP VIEW SCALE: 1:68.57 CORNER TREES DEMO SCALE: 1:73.85 MOD MIDDLE P 2 9 V I I . a Scale: ISSUE A 0.2 2/3/15Plotted On:S I T E P L A N - P R O P O S E D ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL B B 1 1 2 2 3 3 4 4 5 5 A A C C D D A A C C D D 8 8 7 7 9 9 A A C C D D 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 F D W 16 R. @ 7 1/2"15 T. @ 12" 1 2 3 4 5 6 7 8 910111213141516 5'-0"5'-0" 5'-0" 5 '-0 " 5'-0" 5'-1/2" 41'-6"48'-6" 2 2 '-1 0 " 16'-10 3/4"21'-1" 37'-11 3/4" 6'-1/4"3'-4 3/4" 13'-2 3/4"15'-3" 4'-5" 1 6 '-9 3 /4 " 7'-3" 1 8 '-2 " FRONT PORCH F R O N T W A L K F R O N T W A L K GARAGE APRON / DRIVEWAY GARAGE APRON / DRIVEWAY EXISTING TREE TO BE REMOVED PER CITY FORESTER EXISTING TREE TO REMAIN EXISTING TREE TO REMAIN EXISTING TREE TO REMAIN EXISTING TREE TO BE REMOVED EXISTING TREE TO REMAIN, IF POSSIBLE SETBACK LINE SETBACK LINE SETBACK LINE SETBACK LINE S E T B A C K L I N E S E T B A C K L I N E S E T B A C K L I N E S E T B A C K L I N E P R O P E R T Y L I N E P R O P E R T Y L I N E PROPERTY LINE PROPERTY LINE P R O P O S E D N E W P R O P E R T Y L I N E HALLAM STREET F I F T H S T R E E T ALLEY FRONT PORCH F R O N T W A L K F R O N T W A L K GARAGE APRON / DRIVEWAY GARAGE APRON / DRIVEWAY EXISTING TREE TO REMAIN EXISTING TREE TO REMAIN EXISTING "LEGACY" TREE TO REMAIN EXISTING TREE TO REMAIN EXISTING TREE TO BE REMOVED EXISTING TREE TO REMAIN, IF POSSIBLE SETBACK LINE SETBACK LINE SETBACK LINE SETBACK LINE S E T B A C K L I N E S E T B A C K L I N E S E T B A C K L I N E S E T B A C K L I N E P R O P E R T Y L I N E P R O P E R T Y L I N E PROPERTY LINE PROPERTY LINE P R O P O S E D N E W P R O P E R T Y L I N E HALLAM STREET F I F T H S T R E E T ALLEY LINE OF EXISTING FRONT OF HOUSE EXISTING TREE TO BE REMOVED PER CITY FORESTER 2 SITE PLAN 1/8" = 1'-0" LOT SIZE: 9,000 SF LOT SIZE: 9,000 SF P 3 0 V I I . a Scale: ISSUE A 1.3 2/3/15Plotted On:E X I S T I N G E L E V A T I O N S ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL A B EXISTING WOOD SIDING AND TRIM TO REMAIN EXISTING WINDOW TRIM TO REMAIN EXISTING FASCIA AND SOFFIT TO REMAIN EXISTING BRICK CHIMNEY TO REMAIN EXISTING WOOD FRONT DOOR, TRANSOM AND FRONT PORCH TRIM DETAILS TO REMAIN HISTORIC TO REMAIN ADDITION TO BE DEMOLISHED HISTORIC TO REMAIN ADDITION TO BE DEMOLISHED UPPER LEVEL PLY 109'-10" MAIN LEVEL PLY 100'-0" 1 2 3 '-8 1 /4 " EXISTING WOOD SIDING AND TRIM TO REMAIN EXISTING WINDOW TRIM TO REMAIN EXISTING FASCIA AND SOFFIT TO REMAIN HISTORIC TO REMAIN ADDITION TO BE DEMOLISHED B A EXISTING CMU CHIMNEY EXISTING UTILITIES TO BE RELOCATED MIDCENTURY ADDITION TO BE DEMOLISHED RECENT ADDITION TO BE DEMOLISHED 2 1 EXISTING SIDE PORCH TO BE REMOVED EXISTING WOOD SIDING AND TRIM TO REMAIN EXISTING WINDOW TRIM TO REMAIN EXISTING FASCIA AND SOFFIT TO REMAIN EXISTING GREEN METAL ROOF TO BE REPLACED WITH ZINC STANDING SEAM EXISTING BALCONY TO BE REMOVED EXISTING BULKHEAD / COAL CHUTE EXISTING UTILITIES TO BE RELOCATED HISTORIC TO REMAIN ADDITION TO BE DEMOLISHED SCALE: 1/8" = 1'-0" WEST EXISTING SCALE: 1/8" = 1'-0" EAST EXISTING P 3 1 V I I . a Scale: ISSUE V 2/3/15Plotted On:P R O P O S E D F L O O R P L A N S - V I C ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL C D C D 8 8 7 7 9 9 C D CD W 4 ' - 9 1 / 2 "4 '-9 1 /2 " 7'-2 1/2" 8'-1/4" 2 6 '-7 1 /4 " 5 1 '-8 1 /2 " 8 " 22'-0" 1 0 '-1 1 /4 " 5 '-6 " 5 '-8 " 3 1/2"13'-0"5 1/2"10'-1/2"3 1/2" 6 '-0 " 4"3'-4 3/4" 4 '-1 1 1 /4 " 3 1 /2 " 5 '-6 1 /4 " 5 1 /2 " 1 3 '-0 " 3 1 /2 " 4 '-6 " 1 4 '-7 " BEDROOM 3 BEDROOM 2 FAMILY ROOM W I N D O W W E L L W I N D O W W E L L CLOSET DRESSER LAUNDRY O P E N R I S E R S , S T E E L S T A I R S G L A S S R A I L I N G BEDROOM 4 F P a n d T V B A T H 4 C L E A R G L A S S A T S H O W E R FROSTED GLASS AT WC MECHANICAL W I N D O W W E L L F L O A T I N G B E N C H BATH 3 BATH 2 T.O. SLAB 89'-0" C D C D 8 8 7 7 9 9 C D F D W 16 R. @ 7 1/2"15 T. @ 12" 1 2 3 4 5 6 7 8 910111213141516 5'-1/2" 5 1/2"13'-0"5 1/2" 5 1/2"24'-5 3/4"5 1/2" 5 1 /2 " 1 5 '-7 " 5 1 /2 " 5'-3"2'-0"5 1/2"14'-9 1/2"2'-10 3/4" 4'-6" 2 2 '-1 0 " 6'-1/4"3'-4 3/4" 13'-2 3/4"15'-3" 4'-5" 1 6 '-9 3 /4 " 7'-3" FRONT PORCH F R O N T W A L K GARAGE APRON / DRIVEWAY SETBACK LINE SETBACK LINE S E T B A C K L I N E S E T B A C K L I N E FRONT PORCH F R O N T W A L K GARAGE APRON / DRIVEWAY SETBACK LINE SETBACK LINE S E T B A C K L I N E S E T B A C K L I N E UP DN MUD ROOM LIVING DINING FP TV ACID ETCHED GLASS OR PERFORATED STL ENTRY PORCH KITCHEN POWDER OPEN TO ABOVE REMOVE EXISTING FLOOR ADD STEEL AND WOOD TRUSSES IN VOLUME CUBBIES AND BENCH F R O S T E D G L A S S P A N E L LINE OF EXTERIOR WALL ABOVE L I N E O F E X T E R I O R W A L L A B O V E T.O. PLY 100'-0" T.O. SLAB 100'-0" GARAGE P A N T R Y PATIO C D C D 8 8 7 7 9 9 C D 16 R. @ 7 1/2"15 T. @ 12" 1 2 3 4 5 6 7 8 910111213141516 5 1/2"5'-0" 1 1 '-7 1 /4 " 3 '-3 1 /2 " 21'-6 1/2" DECK ROOF OVERHANG BELOW GAS FIREPLACE W/STEEL SURROUND MASTER SUITE F R O S T E D G L A S S E N C L O S U R E CLEAR GLASS ENCLOSURE TV STEAM SHOWER STONE VENEER ON WALL LOWER ENTRY ROOF FREE STANDING TUB T.O. PLY 110'-2" OPEN TO BELOW SCALE: 3/16" = 1'-0" LOWER LEVEL W/BEDROOM SCALE: 3/16" = 1'-0" MAIN LEVEL PLAN SCALE: 3/16" = 1'-0" UPPER LEVEL PLAN P 3 2 V I I . a Scale: ISSUE AV 3.10 2/3/15Plotted On:S O U T H A N D W E S T E X T E R I O R E L E V A T I O N S - V I C ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL A A A A A A C C C C C C D D D D D D 1 '-2 " 9 '-1 0 " 2 4 '-1 0 3 /4 "15'-3 1/2" 3 '-0 " EXISTING SHAKE AND WOOD GRILLE DETAIL TO REMAIN RECONSTRUCT EXISTING BRICK CHIMNEY PER HPC PHOTO NEW ZINC STANDING SEAM ROOF BUTT-JOINT SMOOTH WOOD SIDING CEMENTITOUS PANELS GLASS AND STEEL RAIL NEW WOOD SHINGLES UPPER LEVEL PLY 109'-10" MAIN LEVEL PLY 100'-0" UPPER LEVEL PLY 110'-2" MAIN LEVEL PLY 100'-0" MAIN LEVEL PLY 89'-0" LINK UPPER LEVEL PLATE 120'-8" EXISTING STONE FOUNDATION TO BE APPLIED AS VENEER ON NEW CONCRETE FDN, MATCH EXISTING ELEVATION 7 7 8 8 9 9 EXISTING SHAKE AND WOOD GRILLE DETAIL TO REMAIN EXISTING BRICK CHIMNEY BE REBUILT PER HPC PHOTO INSTALL DOUBLE- HUNG WINDOW TO MATCH HPC PHOTO NEW WOOD SHINGLES UPPER LEVEL PLY 109'-10" MAIN LEVEL PLY 100'-0" MATCH EXISTING PORCH TRIM PER HPC PHOTO SCALE: 3/16" = 1'-0" WEST ELEVATION VIC P 3 3 V I I . a Scale: ISSUE AV 3.1 2/3/15Plotted On:N O R T H A N D E A S T E X T E R I O R E L E V A T I O N S - V I C ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL 9 9 8 8 7 7 2 5 '-0 " D D D D D D C C C C C C A A A A A A 6 '-1 1 1 /4 " EXISTING SHAKE DETAIL TO REMAIN RECONSTRUCT EXISTING BRICK CHIMNEY PER HPC PHOTO EXISTING SIDING AND TRIM TO REMAIN EXISTING GREEN METAL ROOF TO BE REPLACED WITH CLASS A WOOD SHAKE PER HPC NEW ZINC STANDING SEAM ROOF BUTT-JOINT SMOOTH WOOD SIDING CEMENTITOUS PANELS GLASS AND STEEL RAIL SCALE: 3/16" = 1'-0" NORTH ELEVATION SCALE: 3/16" = 1'-0" EAST ELEVATION VIC P 3 4 V I I . a Scale: ISSUE A 1.1 2/3/15Plotted On:F A R C A L C U L A T I O N S - P R O P O S E D V I C T O R I A N ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL A C D A C D 8 8 7 7 9 9 A C D 16 R. @ 7 1/2"15 T. @ 12" 1 2 3 4 5 6 7 8 910111213141516 5 1/2"5'-0" 1 1 '-7 1 /4 " 3 '-3 1 /2 " 21'-6 1/2" 1 2 3 4623 sq ft 233 sq ft DECK ROOF OVERHANG BELOW GAS FIREPLACE W/ STEEL SURROUND MASTER SUITE F R O S T E D G L A S S E N C L O S U R E CLEAR GLASS ENCLOSURE TV STEAM SHOWER STONE VENEER ON WALL LOWER ENTRY ROOF FREE STANDING TUB T.O. PLY 110'-2" OPEN TO BELOW A C D A C D 8 8 7 7 9 9 A C D F D W 16 R. @ 7 1/2"15 T. @ 12" 1 2 3 4 5 6 7 8 910111213141516 5 1/2"13'-0"5 1/2" 5 1/2"24'-5 3/4"5 1/2" 5 1 /2 " 1 5 '-7 " 5 1 /2 " 5'-3"2'-0"5 1/2"14'-9 1/2"2'-10 3/4" 4'-6" 4 2 A 4.2 5 2 A 4.1 532 sq ft 635 sq ft 569 sq ft 43 sq ft UP DN MUD ROOM LIVING DINING FP TV ACID ETCHED GLASS OR PERFORATED STL ENTRY PORCH KITCHEN POWDER OPEN TO ABOVE REMOVE EXISTING FLOOR ADD STEEL AND WOOD TRUSSES IN VOLUME CUBBIES AND BENCH F R O S T E D G L A S S P A N E L LINE OF EXTERIOR WALL ABOVE L I N E O F E X T E R I O R W A L L A B O V E T.O. PLY 100'-0" T.O. SLAB 100'-0" GARAGE P A N T R Y PATIO C D C D 8 8 7 7 9 9 C D CD W 4 ' - 9 1 / 2 "4 '-9 1 /2 " 7'-2 1/2" 8'-1/4" 2 6 '-7 1 /4 " 5 1 '-8 1 /2 " 8 " 22'-0" 1 0 '-1 1 /4 " 5 '-6 " 5 '-8 " 3 1/2"13'-0"5 1/2"10'-1/2"3 1/2" 3 1/2"5'-6"3 1/2"15'-1/2"8" 6 '-0 " 26'-11 1/4" 4"3'-4 3/4" 4 '-1 1 1 /4 " 3 1 /2 " 5 '-6 1 /4 " 5 1 /2 " 1 3 '-0 " 3 1 /2 " 4 '-6 " 1 4 '-7 " 1,895 sq ft BEDROOM 3 BEDROOM 2 FAMILY ROOM W I N D O W W E L L W I N D O W W E L L CLOSET DRESSER LAUNDRY O P E N R I S E R S , S T E E L S T A I R S G L A S S R A I L I N G BEDROOM 4 F P a n d T V B A T H 4 C L E A R G L A S S A T S H O W E R FROSTED GLASS AT WC MECHANICAL W I N D O W W E L L F L O A T I N G B E N C H BATH 3 BATH 2 T.O. SLAB 89'-0" SCALE: 3/16" = 1'-0" UPPER LEVEL FAR- PROPOSED SCALE: 3/16" = 1'-0" MAIN LEVEL FAR- PROPOSED SCALE: 3/16" = 1'-0" LOWER LEVEL FAR- PROPOSED LOWER LEVEL GROSS 1912 SF (X 5.6%) = 107 SF MAIN LEVEL GROSS (594+635) 1229 SF UPPER LEVEL GROSS 622 SF MAIN LEVEL DECKS: FRONT PORCH 43 SF (EXEMPT) UPPER LEVEL DECKS 190 SF (EXEMPT) TOTAL PROPOSED FAR 1958+180 = 2138 SF GARAGE 555 SF (-375 EXEMPTION) 180 SF INTERIOR FAR 1958 SF VICTORIAN CALCULATIONS P 3 5 V I I . a Scale: ISSUE AV 9.2 2/3/15Plotted On:R E V I S E D V I C T O R I A N , N /S S T A I R S 3 D V I E W S ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL DIRECT VIEW HALLAM 3/8" = 1'-0" CORNER OF 5TH & HALLAM3/8" = 1'-0" 5TH AVE VIEW 1:29.80 P 3 6 V I I . a Scale: ISSUE M 2/3/15Plotted On:P R O P O S E D F L O O R P L A N - M O D E R N ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL B 1 2 3 4 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 21 AM 3.5 22'-5 1/2" 1 5 '-1 /2 " 5 1/2"12'-10"3 1/2"19'-0" 1 9 '-5 3 /4 " 1 5 '-3 /4 " 5 1 /2 " 7 '-1 /2 " 5 1 /2 " 1 1 '-6 1 /2 " DECK FP MASTER SUITE TV LOWER ROOF AT GARAGE CLEAR GLASS ENCLOSURE AT SHOWER FROSTED GLASS ENCLOSURE AT WC FREE STANDING TUB BENCH T.O. PLY 110'-2" B B 1 2 3 4 5 A C D A C D A C D 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 CD W 5 '-8 " 5 '-8 " 8 " 1 3 '-7 3 /4 " 3 1 /2 " 2 1 '-3 1 /2 "3 1/2"13'-4 1/4"3 1/2" 7 0 '-1 1 1 /4 " 8'-3/4" 6'-9 1/2" 36'-11" 7'-0"13'-10 1/2"8'-6"7'-6 3/4" 1 5 '-3 1 /4 " 2 6 '-8 1 /2 " 1 1 '-5 1 /4 " 1 7 '-6 1 /4 " 5 '-6 " OFFICE BEDROOM 2 BEDROOM 3 BEDROOM 4 LAUNDRY B O O K S H E L V E S D E S K linen FROSTED GLASS AT WC CLEAR GLASS AT STEAM SHOWER MECHANICAL W I N D O W W E L L W I N D O W W E L L W I N D O W W E L L GLASS RAIL AT STAIR BATH AND POWDER F R O S T E D G L A S S A T W C CLEAR GLASS AT SHOWER TV WALL T V W A L L T V W A L L A/V EQUIPMENT STORAGE FAMILY ROOM WET BAR DRESSER CLEAR GLASS AT SHOWER T.O. SLAB 89'-0" B B 1 2 3 4 5 A C D A C D A C D F 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 5 '-0 " 6'-11 1/2"5 1/2"22'-5 1/2"5 1/2"6'-5 1/2" 5 1 /2 " 2 1 '-2 " 5 1 /2 " 1 3 '-7 1 /4 " 5 1 /2 " 1 7 '-2 1 /2 " 5 1 /2 " 2 '-3 " 9 '-7 3 /4 " 1 9 '-3 " 4 '-3 1 /2 " 2 5 '-9 " 2 1 '-7 1 /2 " 1 3 '-1 1 1 /4 " 2 5 '-6 " 1 8 '-9 3 /4 " 2 8 '-1 0 1 /2 " 5'-11"26'-8"5'-3 1/2" 4 '-0 " 2'-3" 16'-10 3/4"21'-1" 37'-11 3/4" GARAGE APRON / DRIVEWAY EXISTING TREE TO REMAIN, IF POSSIBLE SETBACK LINE S E T B A C K L I N E P R O P E R T Y L I N E GARAGE APRON / DRIVEWAY EXISTING TREE TO REMAIN, IF POSSIBLE SETBACK LINE S E T B A C K L I N E P R O P E R T Y L I N E POWDER MUD ROOM DINING LIVING KITCHEN BUTLER'S PANTRY GARAGE ACID ETCHED GLASS OR PERFORATED STL ENTRY BUFFET T V A N D F P WALL OF APPLIANCES G A R B A G E E N C L O S U R E G L A S S E N C L O S E D W I N E C A B I N E T COVERED PORCH PATIO T.O. PLY 100'-0" T.O. SLAB 100'-0" FRONT PORCH ACID ETCHED GLASS WALL LINE OF EXISTING FRONT OF HOUSE SCALE: 3/16" = 1'-0" UPPER LEVEL PLAN SCALE: 3/16" = 1'-0" -1. LOWER LEVEL PLAN SCALE: 3/16" = 1'-0" MAIN LEVEL PLAN P 3 7 V I I . a Scale: ISSUE AM 3.2 2/3/15Plotted On:S O U T H A N D W E S T E L E V A T I O N - M O D ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL A A A A A A B B C C C C C C D D D D D D 2 5 '-0 " 5 '-6 " UPPER LEVEL PLY 110'-2" MAIN LEVEL PLY 100'-0" UPPER LEVEL PLY 120'-5" MAIN LEVEL PLY 89'-0" 1 1 2 2 3 3 4 4 5 5 SCALE: 3/16" = 1'-0" WEST ELEVATION MOD SCALE: 3/16" = 1'-0" SOUTH ELEVATION VIC P 3 8 V I I . a Scale: ISSUE AM 3.3 2/3/15Plotted On:N O R T H A N D E A S T E L E V A T I O N - M O D ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL 5 5 4 4 3 3 2 2 1 1 D D D D D D C C C C C C B B A A A A A A 2 4 '-6 " 5 '-6 3 /4 " 1/3 POINT OF 12/12 SLOPED ROOF SCALE: 3/16" = 1'-0" NORTH ELEVATION SCALE: 3/16" = 1'-0" EAST ELEVATION MOD P 3 9 V I I . a Scale: ISSUE A1.2 2/3/15Plotted On:F A R C A L C U L A T I O N S - P R O P O S E D M O D E R N ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL B B 1 2 3 4 5 C D C D C D 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 21 AM 3.5 22'-5 1/2" 1 5 '-1 /2 " 5 1/2"12'-10"3 1/2"19'-0" 1 9 '-5 3 /4 " 1 5 '-3 /4 " 5 1 /2 " 7 '-1 /2 " 5 1 /2 " 1 1 '-6 1 /2 " 1 2 3 4 4.5 719 sq ft 175 sq ft DECK FP MASTER SUITE TV LOWER ROOF AT GARAGE CLEAR GLASS ENCLOSURE AT SHOWER FROSTED GLASS ENCLOSURE AT WC FREE STANDING TUB BENCH T.O. PLY 110'-2" B B 1 2 3 4 5 C D C D C D F 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 6'-11 1/2"5 1/2"22'-5 1/2"5 1/2"6'-5 1/2" 5 1 /2 " 2 1 '-2 " 5 1 /2 " 1 3 '-7 1 /4 " 5 1 /2 " 1 7 '-2 1 /2 " 5 1 /2 " 2 '-3 " 9 '-7 3 /4 " 1 9 '-3 " 4 '-3 1 /2 " 2 5 '-9 " 2 1 '-7 1 /2 " 1 3 '-1 1 1 /4 " 2 5 '-6 " 1 8 '-9 3 /4 " 2 8 '-1 0 1 /2 " 22'-8"15'-3 3/4" 5'-11"26'-8"5'-3 1/2" 4 '-0 " 2'-3" 21 AM 3.5 4 2 A 4.2 1 234.4 1 2 3 4 4.4 1,462 sq ft 549 sq ft 92 sq ft 28 sq ft POWDER MUD ROOM DINING LIVING KITCHEN BUTLER'S PANTRY GARAGE ACID ETCHED GLASS OR PERFORATED STL ENTRY BUFFET T V A N D F P WALL OF APPLIANCES G A R B A G E E N C L O S U R E G L A S S E N C L O S E D W I N E C A B I N E T COVERED PORCH PATIO T.O. PLY 100'-0" T.O. SLAB 100'-0" FRONT PORCH ACID ETCHED GLASS WALL B B 1 2 2 3 4 5 C D C D C D 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 CD W 5 '-8 " 5 '-8 " 3 1 /2 " 4 '-8 3 /4 " 3 1 /2 " 1 3 '-5 1 /4 " 3 1 /2 " 8 '-4 1 /4 " 3 1 /2 " 6 '-3 /4 " 3 1 /2 " 8 " 1 3 '-7 3 /4 " 3 1 /2 " 2 1 '-3 1 /2 "3 1/2"13'-4 1/4"3 1/2" 3 1/2"22'-7 1/2"3 1/2"13'-4 1/4"3 1/2" 1 2 '-6 1 /4 " 7 0 '-1 1 1 /4 " 8'-3/4" 6'-9 1/2" 7'-0"13'-10 1/2"8'-6"7'-6 3/4" 1 2 '-6 1 /4 " 1 5 '-3 1 /4 " 2 6 '-8 1 /2 " 1 1 '-5 1 /4 " 1 7 '-6 1 /4 " 5 '-6 " 2,177 sq ft OFFICE BEDROOM 2 BEDROOM 3 BEDROOM 4 LAUNDRY B O O K S H E L V E S D E S K linen FROSTED GLASS AT WC CLEAR GLASS AT STEAM SHOWER MECHANICAL W I N D O W W E L L W I N D O W W E L L W I N D O W W E L L GLASS RAIL AT STAIR BATH AND POWDER F R O S T E D G L A S S A T W C CLEAR GLASS AT SHOWER TV WALL T V W A L L T V W A L L A/V EQUIPMENT STORAGE FAMILY ROOM WET BAR DRESSER CLEAR GLASS AT SHOWER T.O. SLAB 89'-0" SCALE: 3/16" = 1'-0" UPPER LEVEL FAR- PROPOSED SCALE: 3/16" = 1'-0" MAIN LEVEL FAR- PROPOSED SCALE: 3/16" = 1'-0" LOWER LEVEL FAR- PROPOSED LOWER LEVEL GROSS 2177 SF (X 5.7%) = 124 SF MAIN LEVEL GROSS 1378 SF UPPER LEVEL GROSS 710 SF MAIN LEVEL DECKS: FRONT PORCH 146 SF (EXEMPT) BCK PORCH <4' 22 SF (EXEMPT) UPPER LEVEL DECKS 162 SF (EXEMPT) TOTAL PROPOSED FAR 2212+222 = 2434 SF GARAGE 597 SF (-375 EXEMPTION) 222 SF INTERIOR FAR 2212 SF MODERN CALCULATIONS P 4 0 V I I . a Scale: ISSUE A P.1 2/3/15Plotted On:S T R E E T S C A P E ALL DESIGNS, IDEAS ARRANGEMENTS AND PLANS I N D I C AT E D B Y T H E S E D R AW I N G S A N D SPECI FICATIONS ARE THE P RO PERTY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC. AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED BY ANY OTHER PERSON FOR ANY USE WHATSOEVER WITHOUT WRITTEN PERMISSION. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED AT THE SITE. ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO COMMENCEMENT OF WORK. IF THE ABOVE DIMENSION DOES NO T MEASURE ON E INCH (1 ") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL AS NOTED DATE w w w . K i m R a y m o n d A r c h i t e c t s . c o m t e l 9 7 0 - 9 2 5 - 2 2 5 2 e m a i l k i m @ k r a i . u s 9/18/14 5 3 0 W H A L L A M V I C T O R I A N R E N O V A T I O N 5 3 0 W H A L L A M S T R E E T SCHEMATIC A S P E N , C O 1/26/15 HPC SUBMITTAL P 4 1 V I I . a Page 1 of 2 Change wording here from “Per ECU” to “Per 0.05 ECU” MEMORANDUM TO: Mayor and City Council FROM: Lee Ledesma, Utilities Finance and Administrative Services Manager THRU: David Hornbacher, Director of Utilities and Environmental Initiatives Scott Miller, Public Works Director Don Taylor, Finance Director DATE OF MEMO: March 2, 2015 MEETING DATE: March 9, 2015 RE: Second Reading - 2015 Fee Ordinance Correction -- Utilities Development Fees, Municipal Code Section 2.12.100 REQUEST OF COUNCIL: Approval of a single correction to the Utilities Development Fees for Remodels as adopted by City Council on November 24, 2014. This correction ensures that the fee for this service is consistent with the 2015 budget presentation and intended projected fee structure and revenue collection. The correction is not an additional fee or revenue increase. PREVIOUS COUNCIL ACTION: Council approved Utilities Development Fee correction at First Reading on February 23, 2015. BACKGROUND: Under the Utilities Development Fees, the table should read for Basic Project – Remodel : “Large - Addition of 0.051 ECUS and Above (Per 0.05 ECU) -- $59.09”, instead of $ 59.09 per ECU as adopted. Current – Adopted Utilities Development Fees Utilities Development Fees Basic Project – Remodel Small - Addition of 0.01 to 0.05 ECUs (Flat Rate) $50.00 Large - Addition of 0.051 ECUS and Above (Per ECU) $59.09 Corrected – Utilities Development Fees, Exhibit D Utilities Development Fees Basic Project - Remodel Small - Addition of 0.01 to 0.05 ECUs (Flat Rate) $50.00 Large - Addition of 0.051 ECUS and Above (Per 0.05 ECU) $59.09 1. DISCUSSION: The wording correction to Utilities Development Fees is specific to applications with remodels adding more than 0.05 ECUs. Services provided by City staff P42 VIII.a Page 2 of 2 for remodels include: downloading building application, research of water account and property including existing water fixtures, water tap size and special conditions, conversations with contractor, completion of Utility Connection Permit with stated existing ECUs, proposed ECUs and requested additional ECUs, calculation of Utility Connection fee/tap fee, review of packet by supervisor, email of packet to developer/owner, and performance of final walk through when project is complete. Following are three specific examples comparing the current to the corrected remodel review fee and estimated revenue. 1. Application to add a shower (0.05) = 0.05 Additional ECUs • current Development Review Fees = $50.00 flat fee • corrected Development Review Fees = $50.00 flat fee Revenue loss -- None 2. Application to add one bedroom (0.10), one steam shower (0.08), one kitchen (0.25), one dishwasher(0.10), one disposal (0.05), one bar sink (0.05), one washer (0.10), one dog wash (0.05), and one hose bib (0.05) = 0.83 Additional ECUs • current Development Review Fees = $49.04 total • corrected Development Review Fees = $980.89 total Revenue loss -- $931.85 3. Application to add two bedrooms (0.20), two toilets (0.10), two tubs (0.10), two steam showers (0.16), one kitchen (0.25), one dishwasher (0.10), one kitchen sink (0.05), one disposal (0.05), one 1,000 gallon hot tub (0.10) = 1.11 Additional ECUs • current Development Review Fees = $65.59 total • corrected Development Review Fees = $1,311.80 total Revenue loss -- $1,246.21 FINANCIAL/BUDGET IMPACTS: The financial implications of the corrected 2015 Utilities Development Fee ordinance for both expenses and revenues are outlined in the adopted 2015 budget documents. If the correction is not adopted, staff is projecting a $66,000 revenue shortfall for 2015. RECOMMENDED ACTION: Staff recommends adoption of Ordinance 5, Series 2015, (see Exhibit B), to correct language for remodels above 0.05 ECUs to read “(Per 0.05 ECU)”. ALTERNATIVES: Council may forego approval of requested correction in 2015 and utilize existing Water Fund funds received from general customer base to offset the estimated $66,000 utilities review fee shortfall. PROPOSED MOTION: I move to adopt Ordinance 5, Series of 2014. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A – Ordinance 5, Series 2015 – Correction to Utilities Development Fees Exhibit B – Utilities Development Fees – Rates and Projected Revenues P43 VIII.a ORDINANCE NO. 5 Series of 2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 2 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND SECTION 2.12.100, BUILDING AND PLANNING. WHEREAS, the City Council has adopted a policy setting forth utility review fees for the City Utilities Department that shall be applied to applications submitted on or after January 1, 2015; and WHEREAS, the City Council has determined that 2015 rate for remodels larger than 0.05 Equivalent Capacity Units (ECUs) should reflect a typo correction and be billed at a rate of $59.09/0.05 ECU rather than the currently adopted rate of $59.09/ECU; and WHEREAS, the City Council has determined the Utilities fund should no longer have general customer base subsidize reviews and development within the utility service area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 2.12.100 of the Municipal Code of the City of Aspen, Colorado, which section sets forth u tility review fees for the City Utilities Department, is hereby amended to read as follows: Sec. 2.12.100. Utilities Development Fees Utilities Development Fees Basic Project - Remodel Small - Addition of 0.01 to 0.05 ECUs (Flat Rate) $50.00 Large - Addition of 0.051 ECUS and Above (Per 0.05 ECU) $59.09 Minor Review - New Construction Projects with 100 - 10,000 Square Feet of Affected Area Permit Fee $1.50/sqft Review Fee 65% of Permit Fee Major Review -New Construction Projects with 10,001 square feet of Affected Area and Above Permit Fee $0.75/sqft Review Fee 65% of Permit Fee P44 VIII.a Section 2. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinance repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3. 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 4. A public hearing on this ordinance shall be held on the 9th day of March, 2015, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED AND PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23 rd day of February 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this 9 th day of March, 2015. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: James R. True, City Attorney P45 VIII.a Classification Hours $/ECU Avg #/Yr Revenue Services Included Basic Project Rate is Per ECU - each 0.05 ECU equates to 1 hour Remodel - Small - addition of 0.01 to 0.05 ECUs - flat fee of $50 per submittal 1 $50.00 2 $100 i.e. adding a toilet, sink or washing machine Remodel - Medium to Large - addition of 0.051 ECUS and above -- Average # of water fixtures added per review = 0.50 ECUs 10 $59.09 120 $70,912 Administrative services--line locates, work orders; Plans Review; ECU count sheet(s) and transmittal; Final Walk Through Est. Average Square Footage $/Sq. Ft.Avg #/Yr Minor Review New Construction - Based on Square Fottage of Affected Area - 100 to 10,000 square feet Review Fee is 65% of Permit Fee 5,000 $0.98 13 $63,375 Administrative services--line locates, work orders; Plans Review; ECU count sheet(s) and transmittal; Multiple site visits by Engineering staff and Distribution Staff Permit Fee = 100% of Per Square Feet Calculation 5,000 $1.50 11 $82,500 Field Inspections; Construction Meetings; Project Change Orders; Final Walk Through and Acceptance; GIS Updates based on As-Builts Est. Average Square Footage $/Sq. Ft.Avg #/Yr Major Review New Construction - Based on Square Fottage of Affected Area - 10,001 square feet and above Review Fee is 65% of Permit Fee 43,560 $0.49 2 $42,471 Administrative services--line locates, work orders; Plans Review; ECU count sheet(s) and transmittal; Multiple site visits by Engineering staff and Distribution Staff; Final Walk Through Permit Fee = 100% of Per Square Feet Calculation 43,560 $0.75 2 $65,340 Field Inspections; Construction Meetings; Project Change Orders; Final Walk Through and Acceptance; GIS Updates based on As-Builts less $100K, as % of $5M TOTAL REVENUE $324,598 4.5% $107,811 existing to contract $216,787 new fees $78,999 new civil engineer $70,789 overhead $20,000 supplies $50,000 legal $219,788 total trying to recoup P 4 6 V I I I . a MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: 1450 Crystal Lake Road – PUD Amendment Ordinance No. 7, Series of 2015, First Reading MEETING DATE: March 9, 2015 APPLICANT /O WNER : Aspen Club and Spa, LLC REPRESENTATIVE : Mitch Haas LOCATION : 1450 Crystal Lake Road – Lot 15 of the Callahan Subdivision CURRENT ZONING : RR/PUD/SPA (Rural Residential) zone district with a Planned Unit Development (PUD) Overlay and a Specially Planned Area (SPA) Overlay SUMMARY : The Applicant requests a PUD amendment to eliminate the subgrade parking garage, Growth Management Reviews to add ten lodging pillows, a Subdivision amendment to adjust an internal lot line, and a Commercial Design Amendment. STAFF RECOMMENDATION : Staff recommends approval of the amendment. P&Z RECOMMENDATION : P&Z recommended approval of the amendment. Photo: Aspen Club building and location. REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approvals. Note the Applicant is vested under the 2007 Land Use Code, which is referenced here. P47 VIII.b • A Commercial Design Review Amendment (Chapter 26.412.080, Amendment of commercial design approval ) for modifications to the Club Building and project roofing materials. • A PUD Other Amendment Review (Chapter 26.445.100.B Other Amendment ) for the development of retaining walls in a setback and to memorialize floor area. • A Growth Management Review (Chapter 26.470.040.C.7, Affordable Housing ) for the development of affordable housing. • A Growth Management Review (Chapter 26.470.080.3, Lodge development ) for the development of lodging. • A Subdivision Other Amendment Review (Chapter 26.480.080.B, Other amendment ) for an internal lot line adjustment. BACKGROUND AND PROJECT SUMMARY : The Aspen Club is located in the Rural Residential (RR) zone district with a PUD overlay and an SPA overlay. The Club is part of the Callahan Subdivision and PUD, which was initially approved in 1976. The original approval included sixteen (16) lots. Lot 14A was designated as a parking facility for the use and benefit of the clubhouse and recreational facility that was proposed on Lot 15 (the current location of the Aspen Club). The parking area on Lot 14A includes thirty-five (35) spaces, and is accessed from Lot 15 via a bridge over the Roaring Fork River and through Lot 14. A number of PUD Amendments have been made to the Callahan Subdivision since the original approval, the most recent of which was the PUD amendment approved in 2010 (Ordinance 2, Series of 2010), and includes some subsequent amendments. The property is approved for a redevelopment that would include: 21 timeshare units, 12 2-bedroom affordable housing units, and a reconfigured recreation club (the Aspen Club). A total of 133 parking spaces are approved for the development – 35 spaces across the river on lots 14A & 14W and 98 on the Club parcel (Lot 15-A) through a combination of surface spaces and subgrade spaces in a new parking garage. The Applicant estimates the removal of the garage will result in a reduction of over 6,000 construction truck trips and reduce the overall construction timeframe by approximately 3 months. The proposal results in more impervious surface than would exist with the current approval, but a reduction of impervious surface from today’s condition of about 1,000 sq ft. This amendment proposes to eliminate the subgrade parking garage and relocate the parking to the surface of Lot 15-A. In addition, there are minor design changes proposed with the removal of the parking garage, including changes to landscaping, the relocation of the affordable housing storage space from their lot (Lot 15-E) to the Club lot (Lot 15-A), and add an elevator to the center of the site to accommodate requires ADA access to the site. The Applicant is also requesting an additional five (5) lodging bedrooms, and a reduction of lodge units by one (1). The five (5) new bedrooms require a growth management allotment of ten (10) pillows, which are available. Due to the P48 VIII.b changes in the Club lodge unit configuration, minor design changes are proposed to the Club building. The Applicant is requesting to use a synthetic roofing material instead of the approved metal roofing. Finally, the Applicant proposes to adjust the lot line between lots 15-A (the Club Lot) and Lot 15-E (the Affordable Housing Lot) to accommodate changes to the affordable housing unit storage area. The lot area for each lot will remain the same. STAFF COMMENTS: LODGE AND AFFORDABLE HOUSING REVIEW: The Applicant has an approval for 21 lodge units (130 lodge pillows) and 12 housing units. The housing units provide mitigation for 27 FTEs. The approved project required mitigation for 19.5 FTEs, resulting in the Applicant over-mitigating by 7.5 FTEs. They have requested to utilize this “credit” to accommodate the incremental increase in mitigation requirements in this amendment. 1 This application results in a need to mitigate for an additional 1.5 FTEs (5 new bedrooms * .5 FTE per bedroom = 2.5 FTEs, 2.5 FTEs * 60% = 1.5 FTE mitigation requirement), which is significantly less than the “credit” from the PUD/SPA approval. The total FTEs requiring mitigation would be 21 FTEs (19.5 FTEs generated in approved project + 1.5 FTEs generated in this amendment = 21 FTEs). With the additional lodge pillows, the Applicant is mitigating approximately 128% of the FTE mitigation requirement. APCHA and P&Z have reviewed the application and recommends the Applicant be able to use the “credit” to mitigate the incremental increase in FTEs. At first reading, Council requested staff explain the difference between a lodge unit and a lodge bedroom. Bedrooms are individual rooms within a lodge unit that have a bed. A lodge unit is what you rent for your stay – it is an individual, rentable “room” or “unit.” When you stay at a hotel, you rent a lodge unit that might include a single bedroom or multiple bedrooms. Under the 2007 code, each bedroom required a growth management allotment in the form of “pillows.” According to the code, each bedroom has 2 pillows – literally referring to the pillow you sleep on. The Aspen Club is proposing twenty (20) Lodge units, each with multiple bedrooms. The total bedroom count for the project is seventy (70), which means each unit has an average of three to four (3-4) bedrooms. PLANNED UNIT DEVELOPMENT AMENDMENT : The Applicant has requested the sub-grade parking garage be eliminated and that the parking be relocated to the surface, as well as on a portion of the club building that is located nearly at grade. The Applicant proposes no net decrease in the number of parking spaces. The Applicant estimates an elimination of over 6,000 construction truck trips and a reduction of about 3 months of construction if the garage is removed from the plans. Staff supports the removal of the garage for a number of reasons. First, the decrease in construction time and truck trips is significant and will mean less construction impacts on the neighborhood and city as a whole. Second, the removal of the garage results in a more streamlined design in terms of club entrances, as it reduces the number of entrances to the Club from four (4) to one (1). Finally, it results in parking spaces for the affordable housing units that 1 A 2012 Amendment approved by P&Z allowed the Applicant to use the “credit” for an increase of 0.9 FTEs. P49 VIII.b are much closer to the affordable housing units, increasing that aspect of livability for the residents. 2 The Applicant is also proposing a number of dimensional changes related to the removal of the garage, and refinements found during preparation of construction documents. This includes an overall decrease of approximately 3,000 sq ft of floor area for the project (from 110,475 sq ft to 107,750 sq ft). As part of this Floor Area decrease, the Applicant has requested the ability to “exchange” up to 2,000 sq ft of Floor Area between the Club Building (commercial operation) and the Club Units (lodging use located within the Club Building) to accommodate further refinements of internal circulation. The dimensional changes requested also include clarification of heights. The PUD includes a 28 foot height limit for the Club Building, however the Club Building is currently thirty (30) feet six (6) inches. The Applicant is memorializing this existing condition and requesting an allowance for an additional eight (8) inches to accommodate a re- roof that is necessary to meet current energy and building codes. Height of the affordable housing units, due to grade, was originally approved at a range of 28 feet to 41 feet. The Applicant requests an amendment for the buildings to be 30 feet in height in order to accommodate proper ceiling heights in a three-story structure, as well as the approved roof articulation. Finally, the Applicant is requesting clarification of allowed walls in internal setbacks to reflect the previously approved plans, and is requesting an amendment to portions of the front and west side yard setbacks on Lot 15-A to accommodate a revised staircase and relocated affordable housing storage. Staff does have some concerns with the proposal regarding the amount of paved area on the site. From a site design perspective, there is a significant amount of paved surface dedicated to parking. Much of this in internal, and an argument could be made that it only impacts the users of the site. Staff believes the large surface parking will be visible from Ute Ave, as well as from the popular Ute Trail. Staff also has concerns about the increased paving from a stormwater perspective. The proposed amendment is an increase of paving from what is approved, but continues to be a decrease of about 1,000 sq ft from what is on the site today. In order to address these concerns, staff recommends additional planting along Ute Ave, as well as internal to the site be included in the site design. The Ordinance is written to permit a reduction of up to 5 parking spaces to accommodate the additional landscaping. 3 In addition, the Applicant will be required to meet all current city standards related to stormwater management. The Engineering Department has raised the pedestrian access from the affordable housing units to the river for access to the existing trail as one potential issue. The Applicant has explored adding an additional access path behind the housing units (along the Silverlining Ranch property), but due to slopes it would not meet building accessibility requirements. Instead, the Applicant proposes to further formalize the sidewalk connections along Ute Ave and through the site for the affordable housing units. The Fire Department requested additional emergency 2 Previously the parking spaces were located in the garage, and required residents to walk through the Club to get from their parking space to their unit. 3 Staff determined a reduction in five (5) parking spaces is appropriate because the approved project provides five (5) more spaces than is required by code. The spaces that would be removed would be the five (5) temporary parking spaces for the affordable housing units. Each housing unit would continue to have a single parking space, as required by code, and as represented in previous approvals. P50 VIII.b access to the pool area in the middle of the site, and suggested a ladder be added from the parking area on the Club. These have been incorporated as conditions of approval. At first reading, Council requested additional information about the landscaping for the site, as well as options for permeable pavement. The Applicant has provided a detailed landscape plan, which is included in Exhibit H. The Applicant is also exploring permeable pavement as part of their construction discussions, and will meet all requirements related to stormwater runoff and mitigation for paved areas. The proposed amendment results in less impermeable surface than exists on the site today. COMMERCIAL DESIGN AMENDMENT : The Applicant has requested minor modifications to the Club Building to accommodate the changed lodge unit configuration. The proposed architecture and materials are consistent with the approved design. In addition, the Applicant has requested the addition of an elevator in the middle of the site to enable improved access from the lower bench of the site (where a majority of the Townhome style lodge units are located) to the upper bench (where the surface parking and Club Building is located). This elevator will also provide accessibility to the River Trail that runs along the Roaring Fork River. 4 The elevator is approximately 150 sq ft in size, and 28 feet in height. The architecture and materials proposed are consistent with the project as a whole. Staff supports the addition of the elevator because it improves overall site access for guests, residents, and visitors. Finally, the Applicant is requesting the ability to use a synthetic metal roof for the project. The material appears to be metal from afar, but provides improved long-term durability. Pictures of the Music School which uses the material the Applicant is proposing to use, are attached as Exhibit E. This material is not traditional, but provides cost and environmental savings that may be worthwhile. The Applicant will show an example of the material at Second Reading. SUBDIVISION AMENDMENT : The Applicant proposes to adjust the lot line between lots 15-A (the Club Lot) and Lot 15-E (the Affordable Housing Lot) to accommodate changes to the affordable housing unit storage area. The lot area for each lot will remain the same. Staff supports this request, as it ensures that the affordable housing storage is located on the affordable housing lot. REFERRAL COMMENTS: The APCHA Board reviewed this application at their regular meeting and recommends in favor of the request. Referral comments were also received from Fire, Building, Engineering, Parks, and Water. All referral comments are attached as Exhibit B. P&Z RECOMMENDATION: The Planning and Zoning Commission reviewed the application and recommended approval of the proposal. They felt the removal of the garage represented a significant improvement to the project due to the simplification of the design and the reduced construction impacts. The P&Z 4 Prior to the removal of the parking garage, the accessible route from the lower bench and the River Trail to the upper bench required entering the garage and going through the Club Building. P51 VIII.b did not share staff’s concern about providing additional landscaping on the site, and did not feel a reduction in parking spaces to accommodate additional landscaping was warranted. A copy of their Resolution is attached as Exhibit F and a copy of their meeting minutes is attached as Exhibit G. STAFF RECOMMENDATION: Staff recommends approval of the request, with conditions. PROPOSED MOTION: “I move to approve Ordinance #7, Series 2015, approving Growth Management Reviews, a PUD Amendment, a Subdivision Amendment, and a Commercial Design Amendment for the Aspen Club project.” ATTACHMENTS: Exhibit A.1 – Staff Findings, PUD Exhibit A.2 – Staff Findings, GMQS Exhibit A.3 – Staff Findings, Commercial Design Review Exhibit A.4 – Staff Findings, Subdivision Exhibit B – Development Review Committee Comments Exhibit C – Application Exhibit D – Drawings Exhibit E – Pictures of proposed roofing material, as seen on the Music School Exhibit F – Planning & Zoning Commission Resolution 17, Series 2014. Exhibit G – Planning & Zoning Commission 12.16.2014 meeting minutes Exhibit H – Updated PUD Drawings P52 VIII.b City Council Ordinance No. 7, Series 2015 Page 1 of 8 Ordinance No. 7 (SERIES OF 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING LODGE AND AFFORDABLE HOUSING GROWTH MANAGEMENT REVIEWS, SUBDIVISION, AND A PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB), LEGALLY DESCRIBED AS LOTS 15-A THROUGH 15-E OF CALLAHAN SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-32-019 WHEREAS, the Community Development Department received an application from Aspen Club & Spa, LLC, represented by Haas Land Planning, LLC and Gateway Management Company requesting a PUD Amendment, Commercial Design Amendment, and Growth Management Reviews for the Aspen Club project; and, WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces, from the Aspen City Council on June 1, 2010 via Ordinance 2, Series of 2010; and, WHEREAS, the Applicant received Final Commercial Design Review from the Planning and Zoning Commission on September 6, 2011 via Resolution 17, Series of 2011; and, WHEREAS, the Applicant received a number of previous amendments to the original approval resulting in an approval to develop a sub-grade garage, twenty-one (21) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces, which have all been memorialized in the final PUD/Subdivision Agreement recorded at Reception Number 610263; and, WHEREAS, pursuant to Section 26.470.040.C.7, Affordable Housing, of the Land Use Code, a recommendation from the Aspen/Pitkin County Housing Authority is required and a recommendation for approval by the board was provided at their July 16, 2014, regular meeting; and, WHEREAS, referral comments were received from the Engineering, Housing, Transportation, Parks, Building, and Fire Departments, and the Aspen Consolidated Sanitation District; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Application and recommended approval with conditions; and, P53 VIII.b City Council Ordinance No. 7, Series 2015 Page 2 of 8 WHEREAS, during a duly noticed public hearing on December 16, 2014, the Planning and Zoning Commission approved Resolution No. 17, Series of 2014, by a six to zero (6 – 0) vote, approving Lodge and Affordable Housing Growth Management Reviews and recommending City Council approve a PUD Other Amendment; and, WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Planned Development - Project Review 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, following review by the Planning and Zoning Commission, the Applicant amended the application to request additional lodge pillow allotments, reduce the number of lodge units, as well as make additional design changes, requiring additional Lodge and Affordable Housing Growth Management Reviews, Commercial Design Review, and Subdivision Review; and, WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and Section 26.304.060.B.4, Modification of Review Procedures, all other land use reviews, as identified herein, have been combined to be considered by the City Council at a duly noticed public hearing; and, WHEREAS , such combination of review procedures was accomplished with all required public noticing provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, on February 9, 2015 the Aspen City Council approved Ordinance No. 7, Series 2015, on First Reading by a three to zero (3-0) vote; and, WHEREAS, during a public hearing on _______, 2015, the Aspen City Council approved Ordinance No. 7, Series 2015, by a ____ to ____ (_-_) vote, approving with conditions the Aspen Club & Spa Amendment and all necessary land use reviews; 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 Community Development Director, 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 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. P54 VIII.b City Council Ordinance No. 7, Series 2015 Page 3 of 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby grants approval of the Aspen Club and Spa Planned Development Amendment, Subdivision Amendment, Lodge and Affordable Housing Growth Management Allotments, and Commercial Design Review Amendment. Section 2: Planned Development Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a PUD Other Amendment memorializing the following items: • Removal of the subgrade parking garage and relocation of the parking spaces to the surface of Lot 15-A and the roof of the Club building. • The use of synthetic roofing material that looks like metal, as represented in the City Council meeting on March 9, 2015. • Revised dimensions are outlined in Exhibit A, and a setback exhibit is attached in Exhibit B. All other dimensions remain unchanged. • A perpetual easement for the pool wall enclosure to the benefit of the Aspen Club & Spa shall be placed on applicable portions of Lot 15-D. Section 3: Subdivision Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a Subdivision Amendment that adjusts the lot line between Lots 15-A and 15-E. No change in the lot areas is proposed. Section 4: Commercial Design Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a Commercial Design Amendment memorializing the following items: • The use of synthetic roofing material that looks like metal, as represented in the City Council meeting on March 9, 2015. • The addition of an elevator to provide ADA access from the lower bench of the site (where the lower townhome units are located) to the upper bench of the site (where the parking and club building are located). • Minor elevation changes to the Club Building due to a reduction of one (1) lodge unit, and the addition of parking on the Club Building, as shown in Exhibit C. Section 5: Growth Management Allotments Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves ten (10) lodge allotments through its lodge development Growth Management Review, and approves the Aspen Club to utilize the previously approved affordable housing units as mitigation through its affordable housing Growth Management Review. This approval is for an increase in lodge pillows and a decrease of one (1) lodge unit, for a total of 140 lodge pillows, 70 bedrooms, and 20 lodge units (exclusive of lock-off units) in the project. P55 VIII.b City Council Ordinance No. 7, Series 2015 Page 4 of 8 Section 6: Affordable Housing 6.1 Previous Mitigation Calculations. The project is approved for a total of 12 affordable housing units, providing mitigation for 27 FTEs. The approved project included a mitigation requirement of 18.6 FTEs, resulting an existing “credit” of 8.4 FTEs. 6.2 Mitigation Requirements. The project proposes an additional ten (10) lodge pillows, or five (5) new bedrooms. The mitigation required for the additional pillows is as follows: Mitigate for the additional 5 lodge bedrooms @ 60% 5 lodge bedrooms * 0.5 FTEs = 2.5 FTEs generated 2.5 FTEs @ 60% mitigation = 1.5 FTEs required mitigation The project has an 8.4 FTE “credit”, exceeding the incremental FTE generation increase in this amendment. The 8.4 FTE “credit” – 1.5 FTE requirement = 6.9 FTE “credit” remaining 6.3 Conditions. The Affordable Housing units shall be subject to all conditions outlined in the previous approvals. 6.4 Access Easements. • The affordable housing units shall be granted a perpetual access easement through the site to use all internal side sidewalks in order to access the Roaring Fork River through Lot 15-A. Formalized internal sidewalks through the site shall be added to the site plan, as necessary, to accommodate this condition. • The affordable housing units shall be granted a perpetual access easement to any of their storage that is located on Lot 15-A. Section 7: Parking 7.1 Parking Users: All parking spaces shall be limited to use by guests, tenants, and users of the Project. Car storage shall be prohibited for guests and users of the Club and Timeshare uses. 7.2 Affordable Housing Parking: Each affordable housing unit shall be assigned a parking space, located in front of the affordable housing units and along Ute Ave. A minimum of twelve (12) parking spaces shall be provided. Up to five (5) additional parking spaces may be added for the purpose of temporary, short-term parking by the affordable housing tenants and guests, which shall be located in the same areas. 7.3 Parking on Club Building Structure: The parking spaces located on the Club Building shall be valet parking only. Section 8: Subdivision/PD Plat and Agreement The Applicant shall submit an amendment to the Subdivision/PD agreement (hereinafter “Agreement”) that meets the requirements of the Land Use Code within 180 days of this approval. a. The following plans are required in the Approved Plan Set: P56 VIII.b City Council Ordinance No. 7, Series 2015 Page 5 of 8 1. Final Commercial Design Review/ Architectural Character Plan. 2. Planned Development Project and Detail Review Plans. 3. Public Infrastructure Plan. A Condominium Map shall be completed for the development in accordance with Section 26.480.050(A), Condominiumization. Section 9: Fire Mitigation 9.1 Fire Codes: All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). 9.2 Pool Area Access: The Applicant shall work with the Fire Department during the building permit review to address proper emergency access to the pool area. This may include the addition of an emergency access stair from the parking are on the roof of the Club building to the pool area, or other designed access solution. The Fire Department shall review and approve the final design of any access solution. The Community Development Department shall be notified if the access solution results in a design change. Addition of a stair, or other minor change required for adequate access, may be approved administratively. Section 10: Outdoor Lighting and Signage All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code. Section 11: Building Department The Applicant shall meet all applicable building and accessibility codes in place at the time of building permit. Section 12: Previous Approvals All conditions outlined in all previous approvals remain valid and in effect, except as amended herein. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 14: This Ordinance shall not affect 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 15: P57 VIII.b City Council Ordinance No. 7, Series 2015 Page 6 of 8 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of February, 2015. __________________________ Steven Skadron, Mayor ATTEST: _______________________________ Linda Manning, City Clerk FINALLY, adopted, passed and approved this ___ day of __________, 2015. APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ James R. True, City Attorney Steven Skadron, Mayor ATTEST: _______________________________ Linda Manning, City Clerk Attachments: Exhibit A: Approved Dimensional Requirements Exhibit B: Setback Exhibit Exhibit C : Revised Club Elevations P58 VIII.b City Council Ordinance No. 7, Series 2015 Page 7 of 8 Dimensional Requirement Proposed Dimensional Requirements Minimum Lot Size Lot 15-A: 152,6691 sq. ft. Lot 15-B: N/A Lot 15-C: 19,451 sq. ft. Lot 15-D: 31,655 sq. ft. Lot 15-E: 11,459 sq. ft. Maximum Height 1 Lot 15-A: Existing height plus 8 inches for a re-roof Lot 15-E: 30 feet On all lots, internal landscape/retaining walls may exceed 30 inches, as shown on the Final PUD Plans Setbacks 2 Lot 15-A Front Yard Setback: 30 feet, 25 feet for affordable housing storage access Lot 15-A West Side Yard Setback: 18 feet to parking stair, all other unchanged. Allowable Floor Area 3 Overall Allowed Floor Area: 107,750 sq. ft. Aspen Club & Spa Building: 40,000 sq ft Lodge: 54,000 sq. ft. (Townhouse Units: 36,000 sq. ft.; Club Units: 18,000 sq. ft.) Multi-family (affordable housing units): 13,600 sq. ft. Elevator enclosure in middle of site: 150 sq. ft. Minimum Off-Street Parking Minimum 128 spaces (up to 133 spaces may be provided) Lodge: 21 spaces Aspen Club and Spa: 95 spaces (60 spaces on Lot 15-A; 35 spaces on Lots 14A & 14W) AH units: 12 spaces (up to 5 additional short-term spaces may be provided) P59 VIII.b City Council Ordinance No. 7, Series 2015 Page 8 of 8 1 All heights measured from finished grade. Consistent with code, chimneys, flues, vents, elevator and stair enclosures, and similar apparatus may extend no more than ten (10) feet above the overall height limit of 28 feet for all lots in the PUD, as measured from finished grade. Rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects, provided the railing is the minimum reasonably necessary to provide adequate safety and building code compliance. Permeant rooftop amenities, including any pad the amenity/equipment is placed on, may extend up to five (5) feet above the height of the building at the point the equipment is attached. Heating, ventilation, and air conditioning systems, including any pad the equipment is placed on, may extend up to six (6) feet above the height of the building at the point the equipment is attached; walls/fences are also permitted around such equipment as necessary to screen the equipment from view. Energy efficiency systems or renewable energy production systems and associated equipment located on top of a building may extend up to ten (10) feet above the height of the building at the point the equipment is attached. 2 All setbacks are illustrated on the Setback Exhibit; Exhibit B to this Ordinance. To the extent that any conflict exists between the listed setbacks and the Setback Exhibit (Exhibit B to this Ordinance), the Setback Exhibit shall govern. 3 Up to 2,000 sq ft of floor area may be exchanged between the Aspen Club & Spa Building and the Club units. At no time may the Overall Floor Area exceed the allowances herein, unless approved through a Planned Development Amendment. P60 VIII.b Exhibit A.1 – Staff Findings, PUD Page 1 of 10 EXHIBIT A.1 Chapter 26.445, PLANNED UNIT DEVELOPMENT (note, the project is vested under the 2007 Land Use Code) 26.445.100. Amendment of PUD development order. B. Other amendment. 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 Subsection 26.445.030.C, Steps 3 and 4. 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 not be limited to, portions of the development which have not obtained building permits or are proposed to be amended, any new community policies or regulations which have been implemented since the original approval or changed or changing community circumstances as they affect the project's original representations and commitments. 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 of this Chapter and this Title. A. General requirements. 1. The proposed development shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, and architecture, as well as with any applicable adopted regulatory master plan. Staff Findings: The proposal is compatible with the development in the area and with the approved plans. The project is essentially the same as what is currently approved, expect the parking garage is eliminated and the parking is relocated. Minor site design changes are proposed to accommodate the relocated parking, including some additional landscaping along Ute Ave. Minor design changes are proposed to the affordable housing units to accommodate relocated storage into the club. An access easement for the housing residents to access their storage in the club will be provided. The applicant is also requesting an additional ten (10) lodging pillows, and a decrease of one (1) unit. Due to the changes in the Club lode unit configuration, minor design changes are proposed to the Club building. Finally, the applicant is requesting the ability to use a synthetic metal roof for the project. The material appears to be metal from afar, but provides improved long-term durability. Staff finds this criterion is met. P61 VIII.b Exhibit A.1 – Staff Findings, PUD Page 2 of 10 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Findings: The project is consistent with the original approval, as well as the overall land uses in the area. The area includes a mix of residential, commercial, and lodging uses. The Applicant proposes to remove the approved sub-grade garage and relocate the parking to the surface, as well as on a portion of the Club building. The removal of the garage is estimated to result in a reduction of over 6,000 construction truck trips and reduce the overall construction timeframe by approximately 3 months. The proposal results in more impervious surface than would exist with the current approval, but a reduction of impervious surface from today’s condition of about 1,000 sq ft. Staff finds this criterion is met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Findings: The project is consistent with the original approval, and is not anticipated to have adverse effects on future development in the area. The Applicant, as required in the original approval, is upgrading utilities, including sewer and water, to better accommodate the redevelopment. No additional changes are anticipated by this approval. Staff finds this criterion is met. 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 Findings: The applicant is requesting ten (10) lodge pillow allotments, which are available. Staff finds this criterion is met. B. Establishment of dimensional requirements: The final PUD development plans 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 review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements 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 expected future land uses in the surrounding area. b) Natural or man-made hazards. P62 VIII.b Exhibit A.1 – Staff Findings, PUD Page 3 of 10 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 Findings: The project is substantially the same as approved. The applicant has requested changes to how setback are calculated, which staff does not support. Staff finds that setbacks should be measured from the lot line of the parcel, not the lot line of the fathering parcel. Therefore, the dimensional changes include: • Adding the ten (10) lodge pillows (five bedrooms). • Decreasing lodge units by one (1). • A reduction in overall square footage of approximately 3,000 sq ft. • The ability to exchange up to 2,000 sq ft of floor area between the Club Lodge Units and the Club Building to accommodate revised egress and floor plans. • The addition of an elevator between the lower bench and the upper bench of the site. • An update on individual floor areas to correct a miscalculation in the original approval (the Applicant had counted to framing, when the code they are vested under is counted to outside of finish). • A clarification of allowed heights that would allow an 8 inch re-roof of the existing club building. • The addition of height for the affordable housing units from 28 feet to 30 feet for the livability of the units. • An allowance for a code required pool wall/fence enclosure of 60 inches. • A clarification that all internal retaining walls are approved to exceed 30 inches in a setback, as memorialized in the approved PUD Plans. • An amendment to West Side Yard Setback on Lot 15-A to accommodate the garage redesign that has an access stair with an 18 foot setback (when 20 was approved). • An amendment to the Front Yard Setback on Lot 15-A to accommodate the affordable housing storage access stair (the applicant requests 25 when 29.25 is approved). The proposed changes are consistent with the area and are appropriate for the site and the proposed uses. The approved transportation plan will remain in effect. Staff finds this criterion is met. 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 Findings: The proposed dimensional requirements are appropriate for the site, and result in less overall floor area for the project. Staff finds this criterion is met. P63 VIII.b Exhibit A.1 – Staff Findings, PUD Page 4 of 10 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 nonresidential 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 Findings: The approved project includes 133 parking spaces for all the uses. This is broken down as follows: Lodge Units: 21 spaces Affordable Housing Units: 17 spaces (12 spaces required by code; 5 additional temporary spaces for drop off) Aspen Club & Spa: 95 spaces (60 spaces on-site, 35 across river) Total: 133 spaces With the proposed amendment, the same number of parking spaces is proposed. The spaces that were in the subgrade garage are proposed to be relocated to the surface of Lot 15-A, as well as on top of the Club building. Planning staff are supportive of the proposed changes, but recommend additional landscape buffering for the surface parking spaces, even if it results in a slight decrease in parking spaces. Staff supports a parking reduction of 5 spaces to accommodate increased landscaping. Staff has included a condition of approval that each affordable housing unit be assigned a parking space along Ute Ave, and that the five (5) temporary parking spaces available to the housing residents can be removed to accommodate increased landscaping. The revised parking to accommodate additional landscaping is: Lodge Units: 21 spaces Affordable Housing Units: 12 spaces Aspen Club & Spa: 95 spaces (60 spaces on-site, 35 across river) Total: 128 spaces Staff finds this criterion is met. 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: P64 VIII.b Exhibit A.1 – Staff Findings, PUD Page 5 of 10 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. 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 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 natural features of the site. 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 adopted goals of the community as expressed in an applicable adopted regulatory master plan. 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. Notes: a) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying Zone District as long as, on average, the entire PUD conforms to the maximum density provisions of the respective Zone District or as otherwise established as the maximum allowable density pursuant to a final PUD Development Plan. b) The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. Staff Findings: No changes to density are proposed. Staff finds these criterion are not applicable. 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 P65 VIII.b Exhibit A.1 – Staff Findings, PUD Page 6 of 10 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 vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For nonresidential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Findings: There are no significant natural or man-made features on the site. The original approval included open areas and a path through the middle of the site in an attempt to better connect the site to the Roaring Fork River. These elements are maintained in this proposal. The massing on the site is unchanged, and is oriented to Ute Avenue. The Engineering Departments has raised the pedestrian access from the affordable housing units to the river as one potential issue. The applicant has explored adding an additional access path behind the housing units (along the Silverlining Ranch property), but due to slopes it would not meet building accessibility requirements. Instead, the applicant proposes to further formalize the sidewalk connections along Ute Ave and through the site for the affordable housing units. The Fire Department requested additional emergency access to the pool are in the middle of the site, and suggested a ladder be added from the parking are on the Club. This has been incorporated as a condition of approval. There are significant grade changes through the site, and the site consists of a number of “benches.” The applicant has proposed an elevator to provide ADA access from the “lower bench” where most of the townhome-style lodge units are located, and the “upper bench” where the surface parking and Club Building are located. Staff finds this criterion is met. 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. P66 VIII.b Exhibit A.1 – Staff Findings, PUD Page 7 of 10 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Findings: The revision includes some landscaping along Ute Ave and in the surface parking area. Staff recommends that additional landscaping be added to the surface parking to minimize the visual impact of the additional parking area. This has been included as a condition of approval. Staff finds this criterion is met. E. Architectural character. 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. 4. Emphasize quality construction and design characteristics, such as exterior materials, weathering, snow shedding and storage, and energy efficiency. Staff Findings: The architectural character of the proposal is not proposed to change from the approval. The applicant does request that the approved metal roof be permitted to be a synthetic metal roof. Metal and shingle roofing is traditional in Aspen, and staff questions the design impact a synthetic roof could have. However, the energy savings and the improved long-term durability of the proposed material may warrant the change. Proper show shedding and storage is accommodated with the proposal. The Applicant is also proposing minor design changes to the Club Building to accommodate the changes to the Club Lodge Unit configurations. The redesign is of the same architectural style and materials that is approved. Staff finds this criterion is met. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both Public Safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding : P67 VIII.b Exhibit A.1 – Staff Findings, PUD Page 8 of 10 No changes in lighting are proposed. All lighting will meet City of Aspen standards. Staff finds these criterion are met. 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 built form 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 (not for 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 instrument for the permanent care and maintenance of open spaces, recreation areas and shared facilities together with a deed restriction against future residential, commercial or industrial development. Staff Finding : No common park, open space, or recreation areas are proposed. Staff finds these criterion are not applicable. 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 : The Applicant, as required in the original approval, is upgrading utilities, including sewer and water, to better accommodate the redevelopment. No additional changes are anticipated by this approval. Any required extension of utilities will be borne by the applicant. Staff finds this criterion is met. I. Access and circulation. (Only standards 1 & 2 apply to minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: P68 VIII.b Exhibit A.1 – Staff Findings, PUD Page 9 of 10 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. 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. 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. 4. The recommendations of adopted specific regulatory master plans, as applicable, regarding recreational trails, pedestrian and bicycle paths and transportation are proposed to be implemented in an appropriate manner. 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. 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 : Each lot includes access to Ute Ave through Lot 15-A. Parking for all lots is located on Lot 15-A. The proposed amendment includes the same number of access points as the current approval, but eliminates the garage access (and an associated wall of approximately 20 feet at its highest point). Parking is proposed to be located where the garage ramp was located. No changes to the delivery or trash area are proposed. The proposal consolidates what had been four separate entrances to a single combined entrance. This simplifies the overall access to the site and creates a more streamlined design. Staff finds this criterion is met. J. Phasing of development plan. (does not apply to conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 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. P69 VIII.b Exhibit A.1 – Staff Findings, PUD Page 10 of 10 Staff Finding : No phasing is proposed. Staff finds these criterion are not applicable. P70 VIII.b Exhibit A.2 – Staff Findings, GMQS Page 1 of 5 Exhibit A.2 – GMQS Staff Findings 26.470.050. General requirements. B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi-year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Findings: There are sufficient lodge allotments for the proposal. Staff finds this criterion is met. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Staff Findings: There are no applicable adopted Master Plans, and the development conforms with the neighborhood and the vested approvals for the site. Staff finds this criterion is met. 3. The development conforms to the requirements and limitations of the zone district. Staff Findings: The proposal is an internal change, converting approved commercial space to lodge space, and does not change any of the overall dimensions in the PUD/SPA. Staff finds this criterion is met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Findings: This is an internal change only, and is consistent with the Conceptual and Final Commercial Design approvals. Staff finds this criterion is met. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. P71 VIII.b Exhibit A.2 – Staff Findings, GMQS Page 2 of 5 Staff Findings: This application amends a previously approved PUD/SPA that included 20 timeshare units and 12 affordable housing units. The original 20 units required mitigation for 18.6 FTEs. (Land Use Code section 26.470.100.A.1 states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation was 31 FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required mitigation for the project was 18.6 FTEs (31 FTEs * 60% = 18.6 FTEs).) The 12 affordable housing mitigated for 27 FTEs, or approximately 145% of the required affordable housing mitigation. In 2012, the applicant requested approval of three new lodge bedrooms, requiring mitigation for 0.9 FTEs (3 new bedrooms * .5 FTE per bedroom = 1.5 FTEs, 1.5 FTE * 60% = 0.9 FTE mitigation requirement). The applicant requested, and was granted, the ability to use the original “credit” for the incremental increase. (27 FTEs mitigated – 18.6 FTEs required = 8.4 FTE “credit”). The resulting “credit” was 7.5 FTEs (8.4 FTE “credit” – 0.9 FTEs generated = 7.5 FTEs). This application results in a need to mitigate for 1.5 FTEs (5 new bedrooms * .5 FTE per bedroom = 2.5 FTEs, 2.5 FTE * 60% = 1.5FTE mitigation requirement), which is significantly less than the “credit” from the PUD/SPA approval. The total FTEs requiring mitigation would be 21 FTEs (18.6 FTEs originally generated + 0.9 FTEs generated in 2012 amendment + 1.5 FTEs generated in this amendment = 21 FTEs). With the additional lodge pillows, the Applicant is mitigating approximately 128% of the FTE mitigation requirement. Staff finds this criterion is met. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. Staff Findings: No free-market residential component is proposed as part of this application. Staff finds this criterion is not applicable. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. P72 VIII.b Exhibit A.2 – Staff Findings, GMQS Page 3 of 5 Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Staff Findings: The addition of one lodge unit and four total pillows represents a minimal additional demand on public infrastructure. The Applicant remains bound by the PUD/SPA approval, which states there cannot be an increase in trips to and from the Aspen Club. Staff finds this criterion is met. 26.470.070. Minor Planning and Zoning Commission applications. 4. Affordable housing. The development of affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Staff Findings: The proposed units comply with all APCHA standards, and are required to comply with all previous approvals. Staff finds this criterion is met. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash-in-lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. Staff Findings: The Applicant is constructing 12 affordable housing units, housing 27 FTEs. This more than mitigates for the 21 employees required to be mitigated for in the project (18.6 FTEs previously approved + 0.9 FTEs in the 2012 application + 1.5 FTEs in this application = 21 FTEs). Staff finds this criterion is met. c. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430. P73 VIII.b Exhibit A.2 – Staff Findings, GMQS Page 4 of 5 Staff Findings: All of the previously approved affordable housing units are located such that 50% or more of the net livable space is above grade. Staff finds this criterion is met. d. The proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for sale" provision. Staff Findings: The affordable housing units have previously been approved as rental units. The Applicant is required to comply with all previous approvals for the units. Staff finds this criterion is met. e. Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a-d). The owner of such non-mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. Staff Findings: No non-mitigation units are not proposed in this application. Staff finds this criterion is not applicable. 26.470.080. Major Planning and Zoning Commission applications. 3. Lodge development. The expansion of an existing lodge or the development of a new lodge shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: b. If the project contains less than one (1) lodge unit per five hundred (500) square feet of lot area, the following affordable housing mitigation standards shall apply: 1) Affordable housing net livable area equaling thirty percent (30%) of the additional free-market residential net livable area shall be mitigated through the provision of affordable housing. Staff Findings: No free-market residential component is proposed as part of this application. Staff finds this criterion is not applicable. P74 VIII.b Exhibit A.2 – Staff Findings, GMQS Page 5 of 5 2) Sixty percent (60%) of the employees generated by the additional lodge, timeshare lodge, exempt timeshare units and associated commercial development, according to Paragraph 26.470.050.A.1, Employee generation, shall be mitigated through the provision of affordable housing. Staff Findings: This application amends a previously approved PUD/SPA that included 20 timeshare units and 12 affordable housing units. The original 20 units required mitigation for 18.6 FTEs. (Land Use Code section 26.470.100.A.1 states that there are .5 FTEs per lodging bedroom. Therefore, the employee generation was 31 FTEs (62 lodge bedrooms * .5 FTEs = 31 FTEs). At a mitigation level of 60%, the required mitigation for the project was 18.6 FTEs (31 FTEs * 60% = 18.6 FTEs).) The 12 affordable housing mitigated for 27 FTEs, or approximately 145% of the required affordable housing mitigation. In 2012, the applicant requested approval of three new lodge bedrooms, requiring mitigation for 0.9 FTEs (3 new bedrooms * .5 FTE per bedroom = 1.5 FTEs, 1.5 FTE * 60% = 0.9 FTE mitigation requirement). The applicant requested, and was granted, the ability to use the original “credit” for the incremental increase. (27 FTEs mitigated – 18.6 FTEs required = 8.4 FTE “credit”). The resulting “credit” was 7.5 FTEs (8.4 FTE “credit” – 0.9 FTEs generated = 7.5 FTEs). This application results in a need to mitigate for 1.5 FTEs (5 new bedrooms * .5 FTE per bedroom = 2.5 FTEs, 2.5 FTE * 60% = 1.5FTE mitigation requirement), which is significantly less than the “credit” from the PUD/SPA approval. The total FTEs requiring mitigation would be 21 FTEs (18.6 FTEs originally generated + 0.9 FTEs generated in 2012 amendment + 1.5 FTEs generated in this amendment = 21 FTEs). With the additional lodge pillows, the Applicant is mitigating approximately 128% of the FTE mitigation requirement. Staff finds this criterion is met. P75 VIII.b Exhibit A.3 – Staff Findings, Commercial Design Page 1 of 4 EXHIBIT A.3 Chapter 26.412, Commercial Design Review (note, the project is vested under the 2007 Land Use Code) The Commercial Design Amendment is required for the redesign to the Club Building. As such, the responses below are limited to the scope of the proposed amendment. Staff Findings – Commercial Design Review. The project is required to comply with the standards set forth in section 26.412.060, Commercial Design Standards , as well as the Final Review Guidelines of the Small Lodges section of the Commercial, Lodging, and Historic District Design Objectives and Guidelines. Staff findings for each are set forth below. Commercial Design Standards: A. Public Amenity Space Staff Finding: The project includes a number of open areas that meet the definition of public amenity space. However, this standard is not applicable to the development as no public amenity space is required in the Rural Residential (RR) zone district. The Commission found this standard not applicable during Conceptual and Final Commercial Design Reviews. Staff finds this standard is not applicable. B. Utility, Delivery, and Trash Service Provision Staff Finding: The project includes an enlarged and relocated trash/service/utility area. The area is located behind the club along Ute Avenue. The area is screened through a change in grade (existing) and landscaping. The location will minimize conflicts in the site between cars, pedestrians, and service vehicles. The RR zone district does not require compliance with this standard. While the project meets the intent of the requirement, Staff finds the standard is not applicable. Final Review Design Guidelines: Building Design & Articulation 5.10 A new building shall be designed to maintain a minimum of 9 feet from floor to ceiling on all floors. Staff Findings: The timeshare units and the club building all meet the minimum nine (9) foot ceiling heights. Staff finds this criterion to be met. P76 VIII.b Exhibit A.3 – Staff Findings, Commercial Design Page 2 of 4 5.11 To reduce the perceived mass and scale of a building, the design should respect the setting and reflect the human scale and character of the neighborhood. This shall be achieved through all of the following: • The varied massing of building forms • The articulation of the façade(s) through a varied roof profile • The articulation of the façade through varied wall planes. • The use of a variation in architectural materials, and detailing Staff Findings: The Club Building includes two different components: the Aspen Club & Spa, which is a commercial use, and the Club Lodge units which are a timeshare lodge use. The configuration effectively breaks up the mass and creates a more human scale to the parcel. The human scale of the Club building is being significantly improved through the addition of the new entrances and club units along the entryway, which create additional articulation and interest. The western façade of the Club us going from being a blank wall to a façade with balconies, windows, varied materials, and increased interest. The materials create a more inviting pedestrian environment. The applicant proposes using a mix of stone, wood siding, glass, and stucco. The material palette will be consistent between all the buildings, but will have slight variations in detailing to reflect the different uses, and is consistent with existing approvals. All the materials proposed are of high quality. The applicant requests that the approved metal roof be permitted to be a synthetic metal roof. Metal and shingle roofing is traditional in Aspen, and staff questions the design impact a synthetic roof could have. However, the energy savings and the improved long-term durability of the proposed material may warrant the change. Proper show shedding and storage is accommodated with the proposal. Staff finds this criterion to be met. 5.12 The retail entrance should be at the sidewalk level. • All entrances shall be ADA compliant. • On sloping sites the retail frontage should be as close to a level entrance as possible. Staff Findings: There are no retail entrances in the project. The only retail component is within the Club itself, which as an ADA accessible entrance. The addition of an elevator in the center of the site provides improved ADA access throughout the site and eliminates the need for large ramping. Staff finds this criterion to be met. 5.13 Incorporate an airlock entry into the plan for all new structures. • An airlock entry that projects forward of the primary façade at the sidewalk edge is inappropriate. • Adding temporary entries during the winter season detracts from the character of the historic district. P77 VIII.b Exhibit A.3 – Staff Findings, Commercial Design Page 3 of 4 • Using a temporary vinyl or fabric "airlock" to provide protection from winter weather is not permitted. Staff Findings: The Club building’s main entrance and pool entrance both contain airlocks. Staff finds this criterion to be met. 5.14 The roofscape should be designed with the same design attention as the secondary elevations of the building. • Locate mechanical units to minimize the impact on adjacent residential uses. • Employ an acoustic screen to buffer the noise from mechanical equipment and minimize the impact on adjacent residential uses. • Position, articulate and design rooftop enclosures or structures to reflect the modulation and character of the building. • Use materials which complement the design of the building façades. • Design roof garden areas to be unobtrusive from the street. • Use 'green roof' design best practice, where feasible. Staff Findings: The existing Club building includes a “trough” between two sloped roofs. This area is going to accommodate the new mechanical equipment needed for the building. The sloped roofs are slightly higher than the flat “trough,” which will create visual and acoustic buffer. An additional mechanical area will be located on the eastern side of the club building, near the affordable housing units. This will be encapsulated within the over-framed roof to minimize visual and acoustic impacts. In addition, the Club building will contain “green roof,” technologies that will be constructed using best practices in terms of plantings, soil depths, and roof assemblies. Compliance will be confirmed during the building permit review. Staff finds this criterion to be met. Architectural Materials 5.15 High quality, durable materials should be employed. • The palette of materials proposed for all development should be specified and approved as part of the general and detailed development approvals process, including samples of materials as required. 5.16 Building materials should have these features: • Convey the quality and range of materials seen historically. • Reduce the perceived scale of the building and enhance visual interest of the facade. • Convey human scale. • Have proven durability and weathering characteristics within this climate. Staff Findings: The applicant proposes using a mix of stone, wood siding, glass, and stucco. The material palette will be consistent between all the buildings, but will have slight variations in detailing to reflect the different uses. All the materials proposed are of high quality and are typical for the P78 VIII.b Exhibit A.3 – Staff Findings, Commercial Design Page 4 of 4 neighborhood and fit into the character of the area. The materials all create a human scale. Staff finds these criteria to be met. Paving & Landscaping 5.17 Maintain a high degree of landscaping on a lodge site. • The location of a new building should minimize the loss of existing mature tree cover and landscaping. • Also include additional tree planting and landscaping within front and side yard areas. Staff Findings: The original PUD and SPA review included a great amount of attention and detail to the landscaping plan. The plan includes preserving the riparian area, and adding an open green lawn area between the two lower townhouse buildings. Staff has requested additional landscaping on site to lessen the impact of moving all the subgrade garage parking to the surface. The Parks Department will oversee the removal and replacement of trees on the site. Staff finds these criteria to be met. P79 VIII.b Exhibit A.4 – Staff Findings, Subdivision Page 1 of 1 EXHIBIT A.4 Sec. 26.480.080. Amendment to subdivision development order. (note, the project is vested under the 2007 Land Use Code) B. Other amendment. Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. Staff Findings: The Applicant proposes to adjust the lot line between lots 15-A (the Club Lot) and Lot 15-E (the Affordable Housing Lot) to accommodate changes to the affordable housing unit storage area. The lot area for each lot will remain the same. Staff supports this request, as it ensures that the affordable housing storage is located on the affordable housing lot. Staff finds the criteria for an Amendment to be met. P80 VIII.b Exhibit B - Aspen Club DRC Comments November 12, 2014 Fire • Will work with applicant to ensure proper fire truck turning radius is met throughout site and that hydrant locations are adequate. • The applicant needs to find a way to better accommodate fire and emergency access to the pool area and the upper bench townhome units. Options could include a stair from the rooftop parking area, or a path between the housing units and the eastern propert y line with Silverlining Ranch. Engineering • Department is not in favor of the proposal from a stormwater perspective because of the increase in impervious surface. • Please provide all documentation regarding the decrease in construction impacts (truck trips, etc) for verification. It should explain how the change relates to the project as a whole and how the data was quantified. • Engineering supports the idea from Fire of a path from the AHUs through the site. It will improve the directness factor for those units accessing the river. Building • A separate ramp for ADA access from the rooftop parking to the walkway is required. Is not required to be covered, as everyone’s access is outside. • 1 ADA space is required of the rooftop spaces are in a carport. Parks • Work may not encroach on the stream margin area, as outlined in all past approvals. • Parks recommends the applicant examine realignment of the trail up from the river so as to not impact the trees currently on the trail. There will be mitigation for all trees removed on the property. Parks understands the need to remove the majority of the interior trees on the lot, but recommends most of the perimeter trees remain, including all trees located on Ute Ave. • Tree protection fencing MUST be installed at the drip line of all remaining trees, and this fencing MUST be inspected by the city forester or his designee prior to any construction activity. • On the October 2014 landscape plan, it appears that there may be an issue with overplanting. All final planning shall be approved by the Parks Department during building permit review, as outlined in the approved Subdivision/PUD Agreement. • Any and all plantings that are within the stream margin and the 15 foot setback require the approval of the forester. Parks encourages the applicant to examine if the removal of the garage enables relocation of utilities out of the stream margin area. • There are no conifers allowed to be planted in the city ROW and any deciduous trees will need the forester approval prior to planting. Transportation P81 VIII.b • No comments at this time. Staff will review the TIA prior to Council to determine if any clarifications are needed. Sanitation • Does not appear this amendment has any impact on the sewer lines. No comments at this time. Water / Utilities • All construction of water mains and services shall comply with the current (2014) version of the City’s Water Distribution System Standards. Layout of the water improvements need to be presented in full compliance with current Water Distribution System Standards, which can be found at http://www.aspenpitkin.com/Departments/Utilities/Water/Distribution-Standards/. • Wherever a water main or service crosses any non-potable (examples: sanitary or storm sewer, or raw water irrigation lines), the water pipe shall be at least eighteen inches above the non-potable conduit or extra steps shall be taken to protect the water lines through the Water Standards Variance Process. • Show existing water facilities on the plan • Show water main profiles addressing all potential conflicts and crossings. • The designer must set a meeting with the Water Utility prior to the next building permit to discuss: • Size of services • Need for two services • Stagnant water potential • Metering arrangements • Responsibility for valve operations on the proposed large services • Maintenance and operation of the north fire hydrant on a proposed service line • Other issues which might arise. • The water plans need to be stamped and signed by a registered professional engineer. The water plans need to include an approval block for the Water Department. The Water plans need to be delivered as three hard copies, 24 x 36 to the Water Department for our final review and approval. This process will change when we get fully operational with CSI. P82 VIII.b Aspen Club Amendment Page 1 MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, APCHA Acting Director DATE: November 14, 2014 RE: ASPEN CLUB PUD AMENDMENT Parcel ID No. 2737-181-32-019 ISSUE: The Aspen Club is proposing an additional amendment to their approvals pursuant to Ordinance No. 2 (Series of 2010), P&Z Resolution No. 17 (Series of 2011) and P&Z Resolution No. 16 (Series of 2012), P&Z Resolution No. 24 (Series of 2012 and P&Z Resolution No. 5 (Series of 2014). BACKGROUND: After all of the current amendments to date, the approval includes the following: • 21 fractional lodge units with 65 bedrooms and 130 pillows broken down as follows: o Ten 3-bedfroom fractional lodge units o Four 4-bedroom townhome fractional lodge units o Six 3-bedroom Club fractional lodge units o One studio Club fractional lodge unit • 12 employee housing units The applicant is now proposing to amend the approved site plan and eliminate the sub-grade parking garage. The required number of parking spaces is being maintained by the applicant, but will be reconfigured for at grade and on the roof of the club building. The applicant is also requesting approval for the following: • Two additional bedrooms (four pillows) of lodging; • Elimination of the two separate points of access for members an downer sin favor of shared access from Ute Avenue; • Shifting of the pool approximately four feet to the south, allowing for more space between one of the timeshare units and the pool; • Elimination of several site retaining walls at the south and west associated with the subgrade garage; • Reduction of the site retaining wall height at north of the eliminated parking garage; • Building footprint will be reduced; P83 VIII.b Aspen Club Amendment Page 2 • Affordable Housing (AH) units will be shifted to the west to allow for gentler grading at the adjacent property line; • The AH units in the west AH building will have additional windows on the north and south sides of the building; • The basement area beneath the AH units has been eliminated and storage for the AH units has been replaced within the Club with access via an adjacent stair and lift; • Service entrance at the hack of the building has been simplified; • The pool vestibule area has been adjusted to create more exterior space. MITIGATION: The proposed reconfiguration does trigger an additional affordable housing requirement; however, the initial approval in 2010 provided housing for 27 FTE’s and the mitigation requirement was 18.6 FTE’s. The 2012 Amendment added 6 additional pillows generating an additional 0.9 FTE requirement, for a total of 19.5 FTE’s. The applicant still has a surplus of 7.5 FTE’s. This would cover the proposed addition of two timeshare unit bedrooms without the need for additional mitigation. RECOMMENDATION: The APCHA has reviewed this Amendment and recommends that the applicant be allowed to utilize the surplus of provided AH units for two additional bedrooms (four pillows) of lodging. Staff recommends approval of the credits with the following conditions (as stipulated in Ordinance No. 2 (Series 2010)): 1. The affordable housing commitment made by the applicant represents a voluntary negotiated agreement between the applicant, the City and APCHA which has been proposed by the applicant as a public benefit in connection with the Aspen Club development approved by Ordinance No. 2 (Series 2010), and as amended. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of Occupancy constitutes a voluntary agreement and the deed restriction limits the rent on the property and is subject hereto and is to otherwise provide affordable housing stock. Owner waives any right it may have to claim that the deed restriction will violate CRS 38-12-301. 2. The applicant shall require all potential tenants to receive approval by APCHA prior to occupancy. If the applicant does not receive approval of any tenant prior to occupancy, the applicant shall be required to pay any penalties and/or fines required by the Land Use Code and/or as stated in the Aspen/Pitkin County Employee Housing Guidelines. 3. The 12 on-site, two-bedroom affordable housing units shall be deed restricted to Category 2, 3 and 4 with the final category mix approved by APCHA in connection with the final approval. The CO for the units shall be issued prior to or at the same time as the proposed fractional ownership units. P84 VIII.b Aspen Club Amendment Page 3 4. The units shall be owned and managed by the Aspen Club and Spa. More detailed information regarding the management and maintenance of the units shall be provided to APCHA with the proposed deed restriction prior to CO. 5. The owner shall have the right to rent the units to qualified employees of the Club. If the owner cannot provide a qualified tenant, the units shall be rented through APCHA’s normal advertising process. At no time shall the tenancy of the units during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. 6. Each tenant in the rental units shall be required to be requalified by APCHA on a yearly basis. 7. The deed restriction shall allow the units to become ownership units at such time as the owner (the Aspen Club and Spa) elects to condominiumize and sell the units, or at such time as APCHA determines one or more units are found to be out of compliance for one year. If any of the units are found to be out of compliance for one year, or the owner elects to sell the units, the units shall be listed for sale with APCHA at the categories specified in the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at the time of recordation of the deed restriction plus appreciation calculated at three percent (3%) per annum or the Consumer Price Index (simple appreciation not compounded), whichever is less, as of the listing date of the units. If the units are being sold due to noncompliance, all of the units shall be sold through the lottery system. If the owner elects to sell the units, the owner may choose 1/3rd of the initial buyers provided they qualify under APCHA’s top priority for the unit. 8. If the owner elects to sell the units, or they are required to be sold due to noncompliance, owner shall condominiumize the units and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the fractional ownership unit’s association. 9. In the event the rental units are required to become ownership units due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. 10. The rental deed restriction will be recorded with the following conditions: a. The use and occupancy of the Employee Dwelling Units shall henceforth be limited exclusively to housing for employees and their families who are employed in Pitkin County and who meet the definition of "qualified employee" as that term is defined by the qualification guidelines established and indexed by the Authority on an annual basis, and as stipulated in #3 above. The Owner shall have the right to lease the Employee Dwelling Unit to a "qualified employee" of his own selection. b. The Employee Dwelling Units shall not be occupied by the Owner or members of the immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin [or closer relative] and his or her children), unless the family member is a qualified employee and obtains P85 VIII.b Aspen Club Amendment Page 4 approval by APCHA prior to occupancy. The unit shall at no time be used as a guesthouse or guest facility. c. Written verification of employment of employee(s) proposed to reside in the Employee Dwelling Units shall be completed and filed with the Authority by the Owner of the Employee Dwelling Unit prior to occupancy thereof, and such verification must be acceptable to the Authority. If found to be occupied prior to approval, the applicant shall be required to pay any penalties and/or fines required by the Land Use Code and/or as stated in the Aspen/Pitkin County Employee Guidelines and as they are amended from time to time. d. The Employee Dwelling Units shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of the Employee Dwelling Units, the Owner is granted forty-five (45) days in which to locate a qualified employee. If an employee is not placed by the Owner, the Authority may rent the Employee Dwelling Units to a qualified employee. e. The maximum rental rate shall not exceed the Category as stipulated in the deed restriction and as stated in #1 above, and the rental rates shall be as set forth in the Rental Guidelines established by the Authority and may be adjusted annually as set forth by the Guidelines. The maximum permitted rent for the unit on the date of execution of this deed restriction as stated in the Guidelines at the time the deed-restriction is recorded. Rent shall be verified and approved by the Authority upon submission and approval of the lease. Employees shall be qualified by the Authority as to employment, maximum income and asset limitations on a yearly basis. The signed lease must be provided to APCHA. f. The Unit must meet minimum occupancy; i.e., one person per bedroom. g. Owner agrees to provide to APCHA upon request all information reasonably necessary to determine if there is full compliance with this Agreement. h. In the event that APCHA has reasonable cause to believe the Owner and/or tenant is violating the provisions of this Agreement, the APCHA, by its authorized representative, may inspect the Property or Affordable Housing Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours’ written notice. i. The APCHA, in the event a violation of this Agreement is discovered, shall send a notice of violation to the Owner and/or tenant, as may be applicable, detailing the nature of the violation and allowing the Owner or tenant fifteen (15) days to cure. Said notice shall state that the Owner or tenant may request a quasi-judicial hearing before the APCHA Board pursuant to the Grievance Procedures of the APCHA Guidelines within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner or tenant shall be considered in violation of this Agreement. If a hearing is held before the APCHA Board, the decision of the APCHA Board based on the record of such hearing shall be final for the purpose of determining if a violation has occurred and for the purpose of judicial review. j. There is hereby reserved to the parties’ hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall recover damages and costs, including reasonable attorney’s fees. k. In the event an Affordable Housing Units is leased without compliance herewith, such lease shall be wholly null and void and shall confer no title whatsoever upon the purported tenant. Each and every lease, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. P86 VIII.b Aspen Club Amendment Page 5 l. In the event that the Owner or tenant fails to cure any breach, the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring compliance by Owner and/or tenant, to include, but may not be limited to, any penalty or fine as stipulated in the Land Use Code and/or Aspen/Pitkin County Employee Housing Guidelines and as they are amended from time to time. m. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any such provision shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement or other document. n. This Agreement is to be governed and construed in accordance with the laws of the State of Colorado. o. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any part hereto except on the basis of a written instrument executed by the parties to this agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. p. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made in writing signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. q. The terms and provisions of this Deed Restriction shall constitute covenants running with the title to the Affordable Housing Units as a burden thereon for the benefit of, and shall be specifically enforceable by, the Managing Agent, the Association and/or Owner, by the Housing Authority, the City of Aspen, Colorado, and by their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants. r. Lease agreements executed for occupancy of the Employee Dwelling Units shall provide for a rental term of not less than six (6) consecutive months. A signed and executed copy of the lease shall be provided to the Authority by the Owner within ten (10) days of approval of employee(s) for the Employee Dwelling Unit. s. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates CRS 38-12-301. t. When the option to convert any unit to a sale unit is exercised, the owner must adopt a new deed restriction in the form adopted by APCHA that is applicable to sale units. A separate homeowner association will be created for the 12 deed-restricted units. All condominium documents shall be reviewed and approved by APCHA. Sales Unit: Should the units become ownership units due to non-compliance or at the direction of the Aspen Club: 1. The units shall be ownership units sold through the Aspen/Pitkin County Housing Authority lottery system. 2. The unit shall be classified as stipulated in the recorded rental deed restriction. P87 VIII.b Aspen Club Amendment Page 6 3. The condominium documents shall reflect that any common area maintenance shall be assessed based on the actual values of the free-market homes versus the deed-restricted unit. Any property management fees or other fees associated with the commercial or free-market aspect of the building shall not be charged to the deed-restricted owner. The condominium documents shall be reviewed and approved by APCHA. The goal is to protect the affordable housing unit from excessive monthly and/or special assessments having to do with luxury items and/or expensive modifications. P88 VIII.b P 8 9 V I I I . b P 9 0 V I I I . b P 9 1 V I I I . b P 9 2 V I I I . b P 9 3 V I I I . b P 9 4 V I I I . b P 9 5 V I I I . b P 9 6 V I I I . b P 9 7 V I I I . b P 9 8 V I I I . b P 9 9 V I I I . b P 1 0 0 V I I I . b P 1 0 1 V I I I . b P 1 0 2 V I I I . b P 1 0 3 V I I I . b P 1 0 4 V I I I . b P 1 0 5 V I I I . b P 1 0 6 V I I I . b P 1 0 7 V I I I . b P 1 0 8 V I I I . b P 1 0 9 V I I I . b P 1 1 0 V I I I . b P 1 1 1 V I I I . b P 1 1 2 V I I I . b P 1 1 3 V I I I . b P 1 1 4 V I I I . b P 1 1 5 V I I I . b P 1 1 6 V I I I . b P 1 1 7 V I I I . b P 1 1 8 V I I I . b P 1 1 9 V I I I . b P 1 2 0 V I I I . b P 1 2 1 V I I I . b P 1 2 2 V I I I . b P 1 2 3 V I I I . b P 1 2 4 V I I I . b P 1 2 5 V I I I . b P 1 2 6 V I I I . b P 1 2 7 V I I I . b P 1 2 8 V I I I . b P 1 2 9 V I I I . b P 1 3 0 V I I I . b P 1 3 1 V I I I . b P 1 3 2 V I I I . b P 1 3 3 V I I I . b P 1 3 4 V I I I . b P 1 3 5 V I I I . b P 1 3 6 V I I I . b P 1 3 7 V I I I . b P 1 3 8 V I I I . b P 1 3 9 V I I I . b P 1 4 0 V I I I . b P 1 4 1 V I I I . b P 1 4 2 V I I I . b P 1 4 3 V I I I . b P 1 4 4 V I I I . b P 1 4 5 V I I I . b P 1 4 6 V I I I . b P 1 4 7 V I I I . b P 1 4 8 V I I I . b P 1 4 9 V I I I . b P 1 5 0 V I I I . b P 1 5 1 V I I I . b P 1 5 2 V I I I . b P 1 5 3 V I I I . b P 1 5 4 V I I I . b P 1 5 5 V I I I . b P 1 5 6 V I I I . b P 1 5 7 V I I I . b P 1 5 8 V I I I . b P 1 5 9 V I I I . b P 1 6 0 V I I I . b P 1 6 1 V I I I . b P 1 6 2 V I I I . b P 1 6 3 V I I I . b P 1 6 4 V I I I . b P 1 6 5 V I I I . b P 1 6 6 V I I I . b P 1 6 7 V I I I . b P 1 6 8 V I I I . b P 1 6 9 V I I I . b P 1 7 0 V I I I . b P 1 7 1 V I I I . b P 1 7 2 V I I I . b P 1 7 3 V I I I . b P 1 7 4 V I I I . b P 1 7 5 V I I I . b P 1 7 6 V I I I . b P 1 7 7 V I I I . b P 1 7 8 V I I I . b P 1 7 9 V I I I . b P 1 8 0 V I I I . b P 1 8 1 V I I I . b P 1 8 2 V I I I . b P 1 8 3 V I I I . b P 1 8 4 V I I I . b P 1 8 5 V I I I . b P 1 8 6 V I I I . b P 1 8 7 V I I I . b P 1 8 8 V I I I . b P 1 8 9 V I I I . b P 1 9 0 V I I I . b P 1 9 1 V I I I . b P 1 9 2 V I I I . b P 1 9 3 V I I I . b P 1 9 4 V I I I . b P 1 9 5 V I I I . b P 1 9 6 V I I I . b P 1 9 7 V I I I . b P 1 9 8 V I I I . b P 1 9 9 V I I I . b P 2 0 0 V I I I . b P 2 0 1 V I I I . b P 2 0 2 V I I I . b P 2 0 3 V I I I . b P 2 0 4 V I I I . b P 2 0 5 V I I I . b P 2 0 6 V I I I . b P 2 0 7 V I I I . b P 2 0 8 V I I I . b P 2 0 9 V I I I . b P 2 1 0 V I I I . b P 2 1 1 V I I I . b P 2 1 2 V I I I . b P 2 1 3 V I I I . b P 2 1 4 V I I I . b P 2 1 5 V I I I . b P 2 1 6 V I I I . b P 2 1 7 V I I I . b P 2 1 8 V I I I . b P 2 1 9 V I I I . b P 2 2 0 V I I I . b P 2 2 1 V I I I . b P 2 2 2 V I I I . b P 2 2 3 V I I I . b P 2 2 4 V I I I . b P 2 2 5 V I I I . b P 2 2 6 V I I I . b P 2 2 7 V I I I . b P 2 2 8 V I I I . b P 2 2 9 V I I I . b P 2 3 0 V I I I . b P 2 3 1 V I I I . b P 2 3 2 V I I I . b P 2 3 3 V I I I . b P 2 3 4 V I I I . b P 2 3 5 V I I I . b P 2 3 6 V I I I . b P 2 3 7 V I I I . b P 2 3 8 V I I I . b P 2 3 9 V I I I . b P 2 4 0 V I I I . b P 2 4 1 V I I I . b P 2 4 2 V I I I . b P 2 4 3 V I I I . b P 2 4 4 V I I I . b P 2 4 5 V I I I . b P 2 4 6 V I I I . b P 2 4 7 V I I I . b P 2 4 8 V I I I . b P 2 4 9 V I I I . b P 2 5 0 V I I I . b P 2 5 1 V I I I . b P 2 5 2 V I I I . b P 2 5 3 V I I I . b P 2 5 4 V I I I . b P 2 5 5 V I I I . b P 2 5 6 V I I I . b P 2 5 7 V I I I . b P 2 5 8 V I I I . b P 2 5 9 V I I I . b P 2 6 0 V I I I . b P 2 6 1 V I I I . b P 2 6 2 V I I I . b P 2 6 3 V I I I . b P 2 6 4 V I I I . b P 2 6 5 V I I I . b P 2 6 6 V I I I . b P 2 6 7 V I I I . b P 2 6 8 V I I I . b P 2 6 9 V I I I . b P 2 7 0 V I I I . b P 2 7 1 V I I I . b P 2 7 2 V I I I . b P 2 7 3 V I I I . b P 2 7 4 V I I I . b P 2 7 5 V I I I . b P 2 7 6 V I I I . b P 2 7 7 V I I I . b These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. (Per requirement #12 of the Notice of Approval recorded on 7/24/13) Aspen Club and SpaAspen Club and SpaAspen Club and SpaAspen Club and Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA L1 Landscape Plan A1 Setbacks Exhibit Plan A2 Lower Level Plan A3 Main Level Plan A4 Upper Level Plan A5 Upper Level AHU Plan A6 Roof Level Plan A7 Club Building Character A8 Townhouse Building Character A9 AHU Building Character C1 Grading Plan C2 On-Site Drainage and Water Quality Basin Plan C3 Off-Site Drainage Basin Plan C4 Off-Site Drainage & R.O.W Improvements Plan C5 Master Utility Plan C6 On-Site Sanitary Sewer Plan and Profile October 2014 P 2 7 8 V I I I . b S UP DN trash compactor re c y c l e re c y c l eD Y H D Y H TH UNIT 10 TH UNIT 9 TH UNIT 8 TH UNIT 7 pl a n t e r AHU 1, 5 & 9 TH UNIT 4 TH UNIT 3 TH UNIT 2 TH UNIT 1 TH UNIT 1 1 TH UNIT 13 Property Line TH UNIT 12 TH UNIT 14 AHU 4, 8 & 12 Property Line Pro p e r t y Li n e Pro p o s e d B u s S t o p P u l l O u t P r o p e r t y L i n e AHU 2, 6 & 10 AHU 3, 7 & 1 1 Pro p e r t y L i n e 10 0 Y e a r F l o o d P l a i n L i n e 10 0 Ye a r Fl o o d Plain Line Ro a r i n g F o r k R i v e r TH UNIT 5 TH UNIT 6 Ute A v e n u e Service Yard W a l k w a y Native Grasses & Existing Vegetation New Pool Patio lower lvl egress Native Grasses & Existing Vegetation Spa Rain Garden Rain Garden Rain Garden Area within 15' setback to be revegetated with native grasses where tennis court demolition requires access into this area - revegetation per parks department and stream margin requirements per section 19 of Ordinance 2, 20 10 and section 7&9 of the PUD amendment reception 60 1 690. 15' Setback From Top of Slope 15'-0" Top of Slope Rooftop Patio (Upper Level) Patio Green Roof Parking HC Entry Drive Parking club units egress Entry Rain Garden R a i n G a r d e n Rain Garden LEGEND Existing Trees to Remain Proposed Evergreen Trees (Spruce, Ponderosa Pine, Bristlecone)* Proposed Deciduous Trees (Aspen, Ash, Crabapple, Cottonwood)* Proposed Planted Areas (to be determined: native grasses, lawn and / or perennial beds) *Note: 90% of plant material shall be native. No invasive plants shall be introduced. Rain Garden C C HC HC HC HC Parking Parking transformers Green RoofRain Garden ASPEN CLUB & SPA SUBDIVISION / PUD / SPA Aspen, CO October 20146 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 ARCHITECTURE AND PLANNING, P.C.BILL POSS & ASSOCIATESc ARCHITECTURE PLANNING+ 1' = 20' LANDSCAPE PLAN NORTH 0 20 40 Landscape Architecture • Environmental Planning 208 Midland Avenue - Upstairs, Basalt, Colorado 81621 Ph: (970) 927-2194 • Fax: (970) 927-2197 • www.gregmozian.com GREG MOZIAN AND ASSOCIATES, INC. L1 These  plans  are  conceptual  or  illustra0ve  in  nature.  Precise  informa0on  shall  be  provided  as   part  of  the  building  permit  applica0on,  and  in  situa0ons  where  the  final  PUD  Development   Plans  and  approved  building  permit  differ,  the  approved  building  permit  shall  rule. (Per  requirement  #12  of  the  No0ce  of  Approval  recorded  on  7/24/13.) P 2 7 9 V I I I . b C C HC HC HC HC HC trash compactor re c y c l e re c y c l e S DN Top of Slope Line Top of Slope Setback walls over 30" within setback +/- 10' over 30" of cut or fill within setback parking lot retaining wall height varies +/- 13' grade transition over 30" within setback walls and grade transitions over 30" within setback related to grade transition and new accessible path to river from site - handrails for ramps will also exist on portion of this path patio walls over 30" within setback Townhomes 11-14 Townhomes 6-10 Townhomes 1-5 Aspen Club and Spa AHU AHU AHU grade transition over 30" within setback related to existing grade transition and possible removal of existing transformer to be relocated outside of top of slope setback 5 5 ' . 5' . Top of Slope Line Top of Slope Setback retaining wall over 30" within setback +/- 12' NOTE: WALL HEIGHTS DO NOT INCLUDE GUARD RAIL DIMENSIONS over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback 1 8 ' . 25' . 7'-6" . 5 ' . 15' . 1 8 ' . 1 8 ' . 5 ' . BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. (Per requirement #12 of the Notice of Approval recorded on 7/24/13) Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 10/10/2014 2:11:44 PM October 2014 - PUD SITE SETBACKS - A1 P 2 8 0 V I I I . b S UP UP TOWNHOUSE UNIT 6 TOWNHOUSE UNIT 7 TOWNHOUSE UNIT 8 TOWNHOUSE UNIT 9 TOWNHOUSE UNIT 10 TOWNHOUSE UNIT 1 TOWNHOUSE UNIT 2 TOWNHOUSE UNIT 3 TOWNHOUSE UNIT 4 TOWNHOUSE UNIT 5 CRAWLSPACE FOR TOWNHOUSE UNITS 11-14 AHU CRAWLSPACE AHU CRAWLSPACE BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD ASPEN CLUB & SPA AHU CRAWLSPACE BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. (Per requirement #12 of the Notice of Approval recorded on 7/24/13) Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 10/10/2014 2:11:50 PM October 2014 - LOWER LEVEL PLAN - A2 P 2 8 1 V I I I . b UP C C HC HC HC HC HC trash compactor re c y c l e re c y c l e S DN DN TOWNHOUSE UNIT 11 TOWNHOUSE UNIT 12 TOWNHOUSE UNIT 13 TOWNHOUSE UNIT 14 AHU 1 AHU 2 AHU 3 AHU 4 CLUB UNIT 19 CLUB UNIT 20 CLUB UNIT 21 BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD TOWN HOUSE UNIT 6 TOWN HOUSE UNIT 7 TOWN HOUSE UNIT 8 TOWN HOUSE UNIT 9 TOWN HOUSE UNIT 10 TOWN HOUSE UNIT 1 TOWN HOUSE UNIT 2 TOWN HOUSE UNIT 3 TOWN HOUSE UNIT 4 TOWN HOUSE UNIT 5 BD BD BD BD BD BD BD BD border of approved potential future pool enclosure ASPEN CLUB & SPA BD BD PATIO POOL BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. (Per requirement #12 of the Notice of Approval recorded on 7/24/13) Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 10/10/2014 2:11:59 PM October 2014 - MAIN LEVEL PLAN - A3 P 2 8 2 V I I I . b DN DN C C HC HC HC HC HC trash compactor re c y c l e re c y c l e S DN DN DN TOWNHOUSE UNIT 11 TOWNHOUSE UNIT 12 TOWNHOUSE UNIT 13 TOWNHOUSE UNIT 14 AHU 5 AHU 6 AHU 7 AHU 8 ROOF PATIO CLUB UNIT 17 CLUB UNIT 16 CLUB' UNIT 15 CLUB UNIT 18 BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD border of approved potential future pool enclosure CARPORT BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. (Per requirement #12 of the Notice of Approval recorded on 7/24/13) Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 10/10/2014 2:12:07 PM October 2014 - UPPER LEVEL PLAN - A4 P 2 8 3 V I I I . b C C HC HC HC HC HC trash compactor S DN DN DN AHU 9 AHU 10 AHU 11 AHU 12 BD BD BD BD BD BD BD BD border of approved potential future pool enclosure BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. (Per requirement #12 of the Notice of Approval recorded on 7/24/13) Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 10/10/2014 2:12:14 PM October 2014 - UPPER LEVEL AHU PLAN - A5 P 2 8 4 V I I I . b C C HC HC HC HC HC trash compactor S DN DN DN border of approved potential future pool enclosure NOTE: MECHANICAL EQUIPMENT LOCATIONS TBD BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. (Per requirement #12 of the Notice of Approval recorded on 7/24/13) Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 10/10/2014 2:12:21 PM October 2014 - ROOF LEVEL PLAN - A6 P 2 8 5 V I I I . b vertical siding stone veneer horizontal siding approved potential future pool enclosure standing seam single ply membrane roofing standing seam single ply membrane roofing vertical siding horizontal siding carport and carport roof above trash and service enclosure horizontal siding glass vertical siding pool board form concrete or stone veneer on parking lot site wall vertical siding horizontal siding stone veneer BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. (Per requirement #12 of the Notice of Approval recorded on 7/24/13) Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 10/10/2014 2:12:48 PM October 2014 - CLUB BUILDING CHARACTER - A7 WEST ELEVATION EAST ELEVATION NORTH ELEVATION SOUTH ELEVATION P 2 8 6 V I I I . b ho r i z o n t a l w o o d s i d i n g ve r t i c a l w o o d s i d i n g st o n e v e n e e r ho r i z o n t a l w o o d s i d i n g ve r t i c a l w o o d s i d i n g st o n e v e n e e r st a n d i n g s e a m s i n g l e p l y m e m b r a n e r o o f i n g vertical wood siding stone veneer horizontal wood siding BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. c c c c 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N , C O L O R A D O 8 1 6 1 1 Th e s e p l a n s a r e c o n c e p t u a l o r i l l u s t r a t i v e i n n a t u r e. P r e c i s e i n f o r m a t i o n s h a l l b e pr o v i d e d a s p a r t o f t h e b u i l d i n g p e r m i t a p p l i c a t i o n , a n d i n s i t u a t i o n s w h e r e t h e f i n a l PU D D e v e l o p m e n t P l a n s a n d a p p r o v e d b u i l d i n g p e r m i t di f f e r , t h e a p p r o v e d b u i l d i n g pe r m i t s h a l l r u l e . ( P e r r e q u i r e m e n t # 1 2 o f t h e N o t ic e o f A p p r o v a l r e c o r d e d o n 7 / 2 4 / 1 3 ) Aspen Club & Spa Aspen Club & Spa Aspen Club & Spa Aspen Club & Spa Subdivision/PUD/SPA Subdivision/PUD/SPA Subdivision/PUD/SPA Subdivision/PUD/SPA 10 / 9 / 2 0 1 4 9 : 0 9 : 3 8 A M October 2014 - TOWNHOME CHARACTER - A8 st a n d i n g s e a m s i n g l e p l y m e m b r a n e r o o f i n g TO W N H O U S E S 1 - 5 N O R T H E L E V A T I O N - O T H E R S S I M I L I A R T O W NH O U S E 5 E A S T E L E V A T I O N - O T H E R S S I M I L I A R TO W N H O U S E S 1 - 5 S O U T H E L E V A T I O N - O T H E R S S I M I L I A R T O W NH O U S E 1 W E S T E L E V A T I O N - O T H E R S S I M I L I A R P287VIII.b BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. (Per requirement #12 of the Notice of Approval recorded on 7/24/13) Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 10/9/2014 11:36:49 AM October 2014 - AHU BUILDING CHARACTER - A9 AHU East Elevation AHU West Elevation AHU North Elevation AHU South Elevation vertical siding horizontal siding juliette balcony board form concrete or stone veneer vertical siding horizontal siding juliette balcony board form concrete or stone veneer P 2 8 8 V I I I . b GLASS WOOD SIDING STONE OR ARCHITECTURAL CONCRETE CANOPY OVER ELEVATOR DOOR BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2012 2012 2012 2012 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 1/27/2015 12:46:07 PM ASPEN CLUB AND SPA 1450 Crystal Lake Road Aspen, CO Exterior Elevator A1.32.7 A1.32.7 A1.32.7 A1.32.7 SCALE 1/8" = 1'-0" Exterior Elevator North (conceptual) SCALE 1/8" = 1'-0" Exterior Elevator East (conceptual) SCALE 1/8" = 1'-0" Exterior Elevator South (conceptual) SCALE 1/8" = 1'-0" Exterior Elevator West (conceptual) P 2 8 9 V I I I . b C HC HC HC HC HC trash compactor re c y c l e re c y c l e S DN Top of Slope Line Top of Slope Setback 25'-0". 5 '-0 " m i n i m u m t o p a r k i n g l o t r e t a i n i n g w a l l walls over 30" within setback +/- 10' over 30" of cut or fill within setback parking lot retaining wall height varies +/- 13' grade transition over 30" within setback walls and grade transitions over 30" within setback related to grade transition and new accessible path to river from site - handrails for ramps will also exist on portion of this path patio walls over 30" within setback 15' - 0" 1 5 ' - 0 " 15' - 0" 15' - 0" Townhomes 11-14 Townhomes 6-10 Townhomes 1-5 Aspen Club and Spa AHU AHU AHU grade transition over 30" within setback related to existing grade transition and possible removal of existing transformer to be relocated outside of top of slope setback 6 0 ' - 0 " . 5' . Top of Slope Line Top of Slope Setback retaining wall over 30" within setback +/- 12' NOTE: WALL HEIGHTS DO NOT INCLUDE GUARD RAIL DIMENSIONS over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback 5 ' . 15-A/B 15-E 15-D 15-C 1 0 ' - 0 " 1 0 ' - 0 " 2 0 ' - 0 " 10' - 0 " 1 0 ' - 0 " 10' - 0" 2 0 ' - 0 " 5' - 0" 5' - 0" 5' - 0 " 5 ' - 0 " 7' - 6" 10' - 0" 1 8 ' - 0 " . 30' - 0" 5 ' - 0 " 30' - 0" P R O P E R T Y L I N E P R O P E R T Y L I N E P RO P E R T Y LI N E PROPERTY LINE P R O P E R T Y L I N E PROPERTY LINE P R O P E R T Y L I N E PROPERTY LINE PROPERTY LINE PROPERTY LINE BUILDING SETBACK BUILDING SETBACK B U I L D I N G S E T B A C K BUILDING SETBACK B U I L D I N G S E T B A C K B U I L D I N G S E T B A C K BUILDING SETBACK B U I L DI N G S E T B A C K B U I L D I N G S E T B A C K BUILDING SETBACK B U I L D I N G S E T B A C K PR O P E R T Y L I N E B U I L D I N G S E T B A C K Minimum Lot Size Lot 15-A = 152,669 sf Lot 15-B = N/A Lot 15-C = 19,451 sf Lot 15-D = 31,655 sf Lot 15-E = 11,459 sf Minimum Setbacks Lot 15-A: Front Yard Above Grade: 30 ft Front Yard Below Grade: 5 ft East Side Yard: 0 ft West Side Yard Above Grade: 60 ft to building 5 ft to garage 20 ft to garage stair West Side Yard Below Grade: 5 ft Rear Yard: 25 ft Lot 15-B = N/A Lot 15-C Front Yard: 10 ft East Side Yard: 10 ft West Side Yard: 20 ft Rear Yard: 10 ft Lot 15-D Front Yard: 5 ft South Side Yard: 0 ft West Side Yard: 10 ft East Rear Yard: 20 ft North Rear Yard: 10 ft Lot 15-E Front Yard: 7.5 ft East Side Yard: 5 ft West Side Yard: 0 ft Rear Yard: 10 ft Maximum Height 28 ft for all uses, as measured from the lot's finished grade. Lot 15-A: Existing height plus 8 inches for re-roof Lot 15-E: 30 ft On all lots, internal landscape/retaining walls may exceeed 30 inches, as shown on the Final PUD Plans Allowable Floor Area Total: 107,600 sf Aspen Club & Spa Building: 40,000 sf Lodge: 54,000 sf (Townhouse Units: 36,000 sf; Club Units: 18,000 sf) Multi-Family (affordable housing units): 13,600 sf Maximum Allowable Commercial Net Leasable Area 63,199 sf Minimum Off-Street Parking Minimum number of spaces: 128 Maximum number of spaces: 133 Lodge: 21 spaces Aspen Club & Spa: 95 spaces (60 spaces on Lot 15-A; 35 spaces on Lots 14A & 14W) AH Units: 12 spaces All heights measured from finished grade. Consistent with code; chimneys, flues, vents, elevator, and stair enclosures, and similar apparatus may extend no more than ten (10) feet above the overall height limit of 28 feet for all lots in the PUD, as measured from finished grade. Rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects, provided the railing is the minimum reasonably necessary to provide adequate safety and building code compliance. Permanent rooftop amenities, including any pad the amenity/equipment is placed on, may extend up to five (5) feet above the height of the building at the point the equipment is attached. Heating, ventilation, and air conditioning systems, including any pad the equipment is placed on, may extend up to six (6) feet above the height of the building at the point the equipment is attached; walls/fences are also permitted around such equipment as necessary to screen equipment from view. Energy efficiency systems or renewable energy production systems and associated equipment located on the top of the building may extend up to ten (10) feet above the height of the building at the point the equipment is attached. BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. (Per requirement #12 of the Notice of Approval recorded on 7/24/13) Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 1/20/2015 2:28:54 PM October 2014 - PUD SITE SETBACKS - A1 P 2 9 0 V I I I . b P 2 9 1 V I I I . b P 2 9 2 V I I I . b Resolution No 17, Series 2014 Page 1 of 4 RESOLUTION NO. 17, (SERIES OF 2014) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING LODGE AND AFFORDABLE HOUSING GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB), LEGALLY DESCRIBED AS LOTS 15-A THROUGH 15-E OF CALLAHAN SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-32-019 WHEREAS, the Community Development Department received an application from Haas Land Planning, LLC, represented by Mitch Haas, LLC and Gateway Management Company requesting a PUD Amendment and Growth Management Reviews for the Aspen Club project; and, WHEREAS, the Applicant received Conceptual Commercial Design Review from the Planning and Zoning Commission on April 1, 2008 via Resolution 9, Series of 2008; and, WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces, from the Aspen City Council on June 1, 2010 via Ordinance 2, Series of 2010; and, WHEREAS, the Applicant received Final Commercial Design Review from the Planning and Zoning Commission on September 6, 2011 via Resolution 17, Series of 2011; and, WHEREAS, the Applicant received approval for one (1) additional unit and a total of six (6) additional lodge pillow allotments from the Planning and Zoning Commission on September 18, 2012 via Resolution 16, Series of 2012; and, WHEREAS, the Applicant received approval for floor area amendments and setback amendments to accommodate retaining walls from the Planning and Zoning Commission on April 15, 2014 via Resolution 5, Series of 2014; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Growth Management Reviews to add four (4) lodge pillows, and requests the Planning and Zoning Commission recommend City Council approve a PUD Other Amendment; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on December 16, 2014, the Planning and Zoning Commission approved Resolution No. 17, Series of 2014, by a six to zero (6 – 0) vote, approving Lodge and Affordable Housing Growth Management Reviews and recommending City Council approve a PUD Other Amendment; and, P293 VIII.b Resolution No 17, Series 2014 Page 2 of 4 WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approve a PUD Other Amendment memorializing the following items: • Removal of the subgrade parking garage and relocation of the parking spaces to the surface of Lot 15-A and the roof of the Club building. • The use of synthetic roofing material that looks like metal, as represented in the P&Z meeting on December 16, 2014. • Revised dimensions are outlined in Exhibit A. All other dimensions remain unchanged. Section 2: The Planning and Zoning Commission herby recommends the following conditions be incorporated in the City Council Ordinance: • The Applicant shall work with the Fire Department to address proper emergency access to the pool area. This may include the addition of an emergency access stair from the parking are on the roof of the Club building to the pool area, or other designed access solution. The Fire Department shall review and approve the final design of any access solution. • The affordable housing units shall be granted a perpetual access easement through the site to use all internal side sidewalks in order to access the Roaring Fork River through Lot 15-A. Formalized internal sidewalks through the site shall be added to the site plan, as necessary, to accommodate this condition. • The affordable housing units shall be granted a perpetual access easement to their storage that is located on Lot 15-A. • A perpetual easement for the pool wall enclosure shall be placed on applicable portions of Lot 15- D. • A revised setback exhibit shall be provided prior to City Council review. Section 3: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves four (4) lodge allotments through its lodge development Growth Management Review, and approves the Aspen Club to utilize the previously approved affordable P294 VIII.b Resolution No 17, Series 2014 Page 3 of 4 housing units as mitigation through its affordable housing Growth Management Review. This approval is for an increase in pillows, but does not increase the number of lodge units, which shall remain at 21. Section 4: The affordable housing commitment made by the applicant represents a voluntary negotiated agreement between the applicant, the City and APCHA which has been proposed by the applicant as a public benefit in connection with the Aspen Club development approved by Ordinance No. 2 (Series 2010), and as amended. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of Occupancy constitutes a voluntary agreement and the deed restriction limits the rent on the property and is subject hereto and is to otherwise provide affordable housing stock. Owner waives any right it may have to claim that the deed restriction will violate CRS 38- 12-301. Section 5: All conditions outlined in all previous approvals remain valid and in effect. Section 6: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: This Resolution shall not affect 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 8: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of December, 2014. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: __________________________ ______________________________ Debbie Quinn, Special Counsel Stan Gibbs, Vice-Chair ATTEST: _______________________________ Cindy Klob, Deputy City Clerk Exhibit A: Proposed Dimensional Requirements P295 VIII.b Resolution No 17, Series 2014 Page 4 of 4 Dimensional Requirement Proposed Dimensional Requirements Minimum Lot Size Lot 15-A: 152,6691 sq. ft. Lot 15-B: N/A Lot 15-C: 19,451 sq. ft. Lot 15-D: 31,655 sq. ft. Lot 15-E: 11,459 sq. ft. Maximum Height* Lot 15-A: Existing height plus 8 inches for a re-roof Lot 15-E: 30 feet On all lots, internal landscape/retaining walls may exceed 30 inches, as shown on the Final PUD Plans Setbacks Lot 15-A Front Yard Setback: 30 feet, 25 feet for affordbale housing storage access Lot 15-A West Side Yard Setback: 18 feet to parking stair, all other unchanged. Allowable Floor Area Total: 107,600 sq. ft. Aspen Club & Spa Building: 40,000 sq ft Lodge: 54,000 sq. ft. (Townhouse Units: 36,000 sq. ft.; Club Units: 18,000 sq. ft.) Multi-family (affordable housing units): 13,600 sq. ft. Minimum Off-Street Parking 128 spaces total: Lodge: 21 spaces Aspen Club and Spa: 95 spaces (60 spaces on Lot 15-A; 35 spaces on Lots 14A & 14W) AH units: 12 spaces * All heights measured from finished grade. Consistent with code, chimneys, flues, vents, elevator and stair enclosures, and similar apparatus may extend no more than ten (10) feet above the overall height limit of 28 feet for all lots in the PUD, as measured from finished grade. Rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects, provided the railing is the minimum reasonably necessary to provide adequate safety and building code compliance. Permeant rooftop amenities, including any pad the amenity/equipment is placed on, may extend up to five (5) feet above the height of the building at the point the equipment is attached. Heating, ventilation, and air conditioning systems, including any pad the equipment is placed on, may extend up to six (6) feet above the height of the building at the point the equipment is attached; walls/fences are also permitted around such equipment as necessary to screen the equipment from view. Energy efficiency systems or renewable energy production systems and associated equipment located on top of a building may extend up to ten (10) feet above the height of the building at the point the equipment is attached. P296 VIII.b Regular Meeting Planning & Zoning Commission December 16, 2014 Stan Gibbs, Vice-Chair, called the Planning & Zoning Commission (P&Z) meeting to order at 4:30 PM with members Jasmine Tygre, Brian McNellis, Ryan Walterscheid, Keith Goode and Jason Elliott. Also present from City staff; Debbie Quinn, Jennifer Phelan, Jessica Garrow and Sara Adams. Mr. Gibbs acknowledged Elise Thatcher, reporter from Aspen Public Radio, attending to cover the continued Base 1 lodge public hearing and make meeting attendees aware she may be recording parts of the meeting. COMMISSIONER COMMENTS There were no comments. STAFF COMMENTS: Ms. Jessica Garrow stated Staff was planning for 2014 and wanted to formalize some meetings to capture feedback from the commissioners regarding long range planning, code amendments and policy discussions the Council has requested. She asked if the commissioners would prefer a third night in a month or periodic lunch meetings. Mr. Gibbs, Ms. Tygre and Mr. Goode stated evenings were better. Mr. McNellis and Mr. Walterscheid prefers lunchtime meetings. Mr. Elliott stated he could work with either schedule. Ms. Garrow stated they would continue with lunchtime meetings and see if it works. PUBLIC COMMENTS: There were no comments. MINUTES: There were no minutes to approve. DECLARATION OF CONFLICT OF INTEREST Mr. Walterscheid stated he would be recusing himself from the Base 1 Lodge hearing because of an ongoing relationship with Mr. Hunt. Public Hearing – Aspen Club & Spa PUD Amendment Mr. Gibbs opened the public hearing for the Aspen Club & Spa PUD Amendment. Ms. Quinn stated she had the affidavit of notice for publication was appropriately provided but the affidavit of notice was not and asked the applicant when it was posted was there a photograph, did the mailing occur according to the list and affidavit will be available by the end of the meeting. Mr. Mitch Haas, representing Aspen Club and Spa LLC, stated the mailing and posting was completed as necessary and his employee will bring the remainder to the meeting. Ms. Quinn stated with the stated representation, P&Z could proceed with the hearing. Ms. Jessica Garrow, City of Aspen Long Range Planner, will be reviewing the PUD Amendment and Growth Management Review for the Aspen Club and Spa owned by Michael Fox and represented by 1 P297 VIII.b Regular Meeting Planning & Zoning Commission December 16, 2014 Mitch Haas of Haas Land Planning, Bob Daniel of Gateway Management and Matthew Smith from Poss Architecture. Ms. Garrow stated there are three reviews in front of the commission: 1. PUD Other Amendment review in which P&Z is a recommending body to City Council. 2. Affordable Housing Growth Management Review in which P&Z is the final review authority. 3. Lodge Development Growth Management Review in which P&Z is the final review authority. The bulk of the request is related to changes in the garage. The applicant is requesting to remove the currently approved garage. The planned parking in the garage will be replaced onsite. She then reviewed the currently approved site plan, the applicant’s proposed changes and the various amendments. Ms. Garrow then reviewed the current day and approved entrances to the club. The lower curb cut serves as the main entrance off Ute Ave. The parking consists of surface parking, landscaping, and an entry feature. Another mid curb cut entrance off Ute Ave is the approved ramp down to the subgrade garage. A third approved entrance provides access to the temporary parking spaces for the affordable housing units as well access to the service yard. Ms. Garrow then reviewed the proposed site plan keeping the three curb cuts. The middle curb cut providing access to the garage ramp is changed to an exit so all the traffic would enter from the lower curb cut. The ramp itself will become parking spaces. There are additional space and reduced landscaping proposed where there were already approved spaces. The turnaround area at the end of the parking lot has been expanded to accommodate a fire truck. The upper curb cut providing access to the temporary parking spaces and service yard will remain and also provide access to the valet parking spaces on the roof of the club. With the proposed parking changes, there is no net decrease in the amount of parking spaces. Staff and the Engineering Department do have concerns of the amount of impervious surface as a result of the amount of paving that will occur. They included a resolution condition for a reduction of five parking spaces to accommodate increased landscaping, particularly in the center of the site. With the elimination of the garage, the applicant estimates a reduction in construction impacts with a reduction of about 6,000 truck trips and decreases in the overall construction schedule by about three months. The City’s Engineering department has completed an analysis and estimate about a six percent 6%) trip reduction for the project. Ms. Garrow then described and pointed out the other proposed changes within the building including adding two lodge bedrooms to Unit 21. This triggered the growth management review for lodging requiring four lodge pillow allotments which are available for the project. It also triggered an affordable housing review. The applicant previously over mitigated their previous approval so they have a credit of full time equivalents (FTEs). The Aspen/Pitkin County Housing Authority (APCHA) has reviewed the proposal and recommends the applicant be able to the use the credit for the addition of the two lodge bedrooms. Ms. Garrow stated the other changes involve setbacks. She displayed and pointed out the changed areas of the project. An approved stairway access currently has a 20 ft setback and the applicant needs an 18 ft setback. Near the affordable housing units, the applicant is proposing to move the storage spaces for the affordable housing units inside the building. This will require an access stair, so they are requesting a 2 P298 VIII.b Regular Meeting Planning & Zoning Commission December 16, 2014 25 ft setback where the approved plan has a 29.25 ft setback. There will be a perpetual access agreement for the storage units. The next change is related to a State required fence\wall around the pool for safety. This had not been caught in the Design Review Committee (DRC) Comments in the original application. The applicant requests this to be memorialized. A portion of the fence\wall will be located on the townhome parcel 15-D so there would be an access easement for continuing maintenance. Ms. Garrow then described the applicant’s request for height variances. The club building is approved at 28 ft. The applicant has completed their construction plan they have found their building is actually 30 ft 6 in. The issue is that the building was memorialized less than it actually measures. They are keeping the existing club building. The amendment would memorialize the actual height of the building. The applicant is also asking for an additional 8 in to accommodate a reroof. The affordable housing unit have also been approved at 28 ft and the applicant has requested a height of 30 ft to increase the livability of the top floor units with higher ceilings. Staff is recommending in favor of the Growth Management Requests and the PUD amendment. Mr. Gibbs asked the commissioners for questions of staff. Ms. Tygre asked for clarification regarding the temporary parking spaces for the affordable housing units. Ms. Garrow stated there are 12 approved affordable housing units and approved for 17 parking spaces. There are five temporary spaces closer to the units and 12 spaces towards the middle of the parking area. Staff’s recommendation for a reduction of five parking spaces would eliminate the five spaces as temporary. They would become assigned permanent spaces for the affordable housing which would assign one permanent space for each of the 12 units with a net decrease of five units to be used for additional landscaping. The remaining seven assigned spaces would be located below the five spaces. Ms. Tygre asked how the spaces would be assigned and Ms. Garrow stated it would be up to the applicant to assign the spaces to the units. Mr. Gibbs asked for total sf of the proposed paved area. Ms. Garrow stated the proposed paved sf is a net decrease of the existing condition, but an increase from what was approved. Mr. Elliott asked to confirm the location of the assigned parking spaces at which Ms. Garrow pointed out on a slide. Mr. Elliott asked if the 6% reduction was used to calculate the 6,000 truck trips. Ms. Garrow stated the applicant calculated the number of trips from an estimation of the impacts to the construction site plan including dirt and materials. The Engineering Department took an estimate of the number of average trips on Ute Ave from August 2013 and then calculated the percentage of decrease. Mr. Gibbs noted the average number of trips was not based on a time period of construction though. Mr. Gibbs then turned the floor over to the applicant. In attendance with Mr. Michael Fox, the applicant, was Mr. Mitch Haas, Mr. Bob Daniel and Mr. Matthew Smith. Mr. Bob Daniel, representing the applicant, reviewed the applicant’s proposed amendments. He stated the Aspen Club and Spa wants to retain their off-street parking. They are reducing the project by about 3 P299 VIII.b Regular Meeting Planning & Zoning Commission December 16, 2014 30,000 sf by eliminating the garage which equates to about 560,000 cf of space. They will be able to reduce construction related trips by 6,800 trips including larger trucks in their initial estimation. The proposal improves the affordable housing by increasing the heights, providing access to parking and storage, add four pillows to the lodge program, keep the same number of curb cuts, simplify the access and include completed reviews with the fire and building departments. Mr. Daniel stated the existing club has about 123,000 sf of impervious area including roofs, parking areas, and tennis courts. The previously approved plan has about 115,000 sf of impervious area. The proposed plan is about 122,000 sf. Of the approximate 6,000 sf increase, only 1,400 sf is lawn. The proposed plan also reduces the built area along the back and front of the club. They felt the approved plan’s traffic flow was confusing to the customer and provided four access points to the club. The proposed plan simplifies the traffic flow in the parking area, access to the club and the valet service point. The new valet parking area will be built about 2 ft above grade on top of another structure. Mr. Daniel then showed slides of the existing, approved and proposed structures including heights, view planes and site lines. Mr. Daniel explained they had PCL Construction work with them to determine the estimated reductions in materials (concrete, snowmelt piping, mechanical systems and etc.), equipment (pumper trucks, delivery trucks, etc.). He displayed a slide listing the estimated items and amounts to be reduced. Mr. Matthew Smith reiterated the improved access to storage and parking for the affordable housing units. For the club, the two primary improvements include better site circulation for vehicles and a significant reduction in construction. Mr. Haas stated there will be a lot less material including a tremendous amount of concrete. The visual impacts are significant as well. Mr. Daniel also noted a significant reduction in the wall with the adjoining neighbor. Mr. Daniel stated they are concerned about reducing parking. They are not sure what the long term impacts might be and do not want to impact the neighborhood. Mr. Gibbs then asked the commissioners for any questions. Mr. McNellis asked if the entrance was on grade with the existing grade. Mr. Daniel replied yes, there will be some walls built as the parking lot extends into the property to accommodate the changes in grade. Mr. Smith stated the overall change of grade from top to bottom was approximately 35 ft. Mr. Elliott asked if the existing parallel parking along the wall would be eliminated. Mr. Daniel stated they are looking at the area. This area provides five to six spaces including one handicap space. Mr. Elliott asked for the route taken by the valet to confirm the car would not be utilizing Ute Ave. Mr. Daniel stated they anticipate the valet service using the service area and it would not be their intent to use Ute Ave. Mr. Walterscheid asked for a description of the area directly below the valet parking entrance. Mr. Daniel stated it is a service area for trash and other utility needs. 4 P300 VIII.b Regular Meeting Planning & Zoning Commission December 16, 2014 Mr. Goode asked the applicant to confirm the sf will be less with the increased parking on top at which Mr. Daniels confirmed. Mr. Gibbs asked if the height of the affordable housing units was 28 ft or 41 ft. Ms. Garrow stated the original approval in 2010 was not accurate because of changes to the grade. The subsequent amendment changes the height to state 28 ft from the finished grade. The 41 ft was measured from the natural grade and they are proposing 30 ft. A slide was then provided to demonstrate the approved and requested heights of the affordable housing units. Mr. Daniel stated another attribute of the proposed plan was to pull back the affordable housing units about three ft to create more of a buffer with the adjoining property. Mr. Daniel stated they are requesting the additional heights to address an energy model, specifically insulation requirements. For the affordable housing, the extra space is currently coming out of livable space. Mr. Gibbs asked if the access to the river from the affordable housing units has been improved with this proposal. Ms. Garrow stated the Engineering Department had suggested adding a path between the units and the property boundary. However it would need to meet accessibility requirements and because of the grade it cannot be built. There is a condition of the approval in the resolution that states more clearly than in the existing approval that the affordable housing residents have a perpetual easement through the site to get to the river and they can use the existing sidewalks. Mr. Gibbs wanted clarification the change in the wall height toward the Benedict property. Mr. Daniel showed on a slide where the wall would start and extend. He stated they would provide a tiered step with landscaping. Mr. Gibbs wanted to know the difference in truck trips between the approved and proposed projects. Mr. Daniel stated he does not have that number, but they tried to look at the number of reductions. The approved garage was substantial in materials and specification and they looked at the numbers associated with the garage. Mr. Fox also stated the garage would have required 560,000 cf of dirt to be removed. Mr. Gibbs feels the 6% reduction is too low. Mr. Walterscheid asked for the anticipated construction schedule and how will it be reduced. Mr. Daniel stated they originally had a 26 month schedule. They feel the reduction will be greater than the four months estimated. Mr. Daniel stated they are looking into ground sourced energy systems and the parking structure construction would impact those efforts. Mr. Gibbs then opened the hearing for public comment. Mr. Jim Farrey thinks the project is great. Mr. Gibbs closed the public comment portion of the hearing. Mr. Gibbs opened for commissioners’ comments. Ms. Tygre feels the proposed changes improve the project considerably and she is pleased to see the increase in height on the affordable housing units to make them more livable. She is not opposed to the surface parking and thinks this is a more simple design that will benefit everybody. She encouraged the 5 P301 VIII.b Regular Meeting Planning & Zoning Commission December 16, 2014 applicant to keep looking at the landscaping between Ute Ave and the club and include as much landscaping as possible. She doesn’t care about the interior landscaping and feels it is a factor the applicant is going to need an attractive site plan to sell the units. Mr. Walterscheid is in favor of proposed changes and feels it is an improvement from the approved project. Mr. Elliott is in favor of the height requests but is not in favor of removing the five temporary parking spaces. The temporary spaces in front of the units are needed from a livability standpoint. He feels the same as Ms. Tygre regarding the internal landscaping. Ms. Garrow pointed this was defined in Section 2 on p 6 of the resolution in the packet. She stated the second bullet from the bottom could be deleted if the commission does not want to make the internal landscaping and removal of the five temporary spaces a requirement. Mr. Elliott stated he would not be excited to see the valet parking traffic to use Ute Ave, but was not sure this was under the purview of the commission. Mr. Gibbs stated they could possibly add a recommendation to Council. Mr. McNellis believes the requested changes will make the project better. The reduction in construction traffic, materials and impact to the neighbors is significant. He agrees with the other commissioners not reducing the number of parking spaces. Mr. Gibbs asked Ms. Garrow if there was a handicap parking space next to affordable housing buildings and she replied the space nearest the building is designated as handicap parking per code. Mr. Gibbs agrees with Mr. Elliott regarding the five parking spaces and believes a couple of the spaces should be kept open all the time for temporary use in addition to the handicap. Mr. Gibbs felt eliminating the parking structure is a smart move and would have been difficult to manage. All of his concerns have been addressed. Ms. Tygre moved to approve Resolution number 17-2014 with the deletion of the fifth bulleted item in section 2 which removes five parking spaces. Mr. Elliott seconded the motion. Mr. Gibbs then opened for discussion. There was no discussion. Roll call to vote: Ms. Tygre, yes; Mr. McNellis, yes; Mr. Walterscheid, yes; Mr. Goode, yes; Mr. Elliott, yes; Mr. Gibbs, yes. Motion carried with count of yes-six (6) and no-zero (0). Public Hearing – 730 E Cooper – Base 1 Lodge – Continued from December 2, 2014 Mr. Gibbs opened the continued public hearing for the Aspen Club & Spa PUD Amendment. Ms. Sara Adams, City of Aspen Community Development Planner, provided the reviews the P&Z Commission is responsible for evaluating from this application as follows. 1. A recommendation to Council for the conceptual commercial design review 6 P302 VIII.b C HC HC HC HC S DN Top of Slope Line Top of Slope Setback walls over 30" within setback +/- 10' over 30" of cut or fill within setback parking lot retaining wall height varies +/- 13' grade transition over 30" within setback walls and grade transitions over 30" within setback related to grade transition and new accessible path to river from site - handrails for ramps will also exist on portion of this path patio walls over 30" within setback Lodge Units 11-14 Lodge Units 6-10 Lodge Units 1-5 Aspen Club and Spa AHU AHU AHU grade transition over 30" within setback related to existing grade transition and possible removal of existing transformer to be relocated outside of top of slope setback 60 ' - 0 " . 5' - 0 " . Top of Slope Line Top of Slope Setback retaining wall over 30" within setback +/- 12' NOTE: - WALL HEIGHTS DO NOT INCLUDE GUARD RAIL DIMENSIONS - ALL PROJECTIONS FROM BUILDINGS TO MEET LAND USE CODE over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback over 30" of cut or fill within setback 5 ' . 15-A/B 15-E 15-D 15-C P R O P E R T Y L I N E P R O P E R T Y L I N E P R O PE R T Y L I N E PROPERTY LINE P R O P E R T Y L I N E PROPERTY LINE P R O P E R T Y L I N E PROPERTY LINE PROPERTY LINE PROPERTY LINE EAST SIDE BUILDING SETBACK FRONT YARD BUILDING SETBACK RE A R Y A R D B U I L D I N G S E T B A C K EAST SIDE BUILDING SETBACK F R O N T Y A R D B U I L D I N G S E T B A C K F R O N T Y A R D B U I L D I N G S E T B A C K WEST SIDE YARD BUILDING SETBACK W ES T S I D E BU I L DI NG S E T B AC K R E A R Y A R D B U I L D I N G S E T B A C K WEST SIDE BUILDING SETBACK R E A R Y A R D B U I L D I N G S E T B A C K PR O P E R T Y L I N E F R O N T Y A R D B U I L D I N G S E T B A C K proposed transformer location 10' - 0" 2 0 ' - 0 " 15' - 0" 1 0 ' - 0 " 5' - 0" 5' - 0 " 5' - 0" 1 0 ' - 0 " 1 5 ' - 0 " 2 0 ' - 0 " 10 ' - 0 " E A S T S I D E B U I L D I N G S E T B A C K F R O N T Y A R D B U I L D I N G S E T B A C K WEST SIDE BUILDING SETBACK 0' - 0" 5 ' - 0 " 25' - 0". adjusted 15-E Lot Line 30' - 0" 30' - 0" 1 8 ' - 0 " . 7' - 6" Minimum Setbacks Lot 15-A Front Yard: 30 ft East Side Yard: 0 ft West Side Yard: 60 ft to building 5 ft to retaining wall 18 ft to stair Rear Yard: 25 ft Lot 15-B = N/A Lot 15-C Front Yard: 10 ft East Side Yard: 10 ft West Side Yard: 20 ft Rear Yard: 15 ft Lot 15-D Front Yard: 5 ft South Side Yard: 0 ft West Side Yard: 10 ft East Side Yard: 20 ft Rear Yard: 15 ft Lot 15-E Front Yard: 7.5 ft East Side Yard: 5 ft West Side Yard: 0 ft Rear Yard: 10 ft BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 2/23/2015 11:15:37 AM PUD SITE SETBACKS - A1 P 3 0 3 V I I I . b UP C HC HC HC HC S LODGE UNIT 11 LODGE UNIT 12 LODGE UNIT 13 LODGE UNIT 14 AHU 1 AHU 2 AHU 3 AHU 4 CLUB UNIT CLUB UNIT BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD LODGE UNIT 6 LODGE UNIT 7 LODGE UNIT 8 LODGE UNIT 9 LODGE UNIT 10 LODGE UNIT 1 LODGE UNIT 2 LODGE UNIT 3 LODGE UNIT 4 LODGE UNIT 5 BD BD BD BD BD BD BD BD border of approved potential future pool enclosure ASPEN CLUB & SPA BD BD PATIO POOL BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 2/23/2015 11:15:40 AM MAIN LEVEL PLAN - A3 P 3 0 4 V I I I . b DN C HC HC HC HC S DN DN DN LODGE UNIT 11 LODGE UNIT 12 LODGE UNIT 13 LODGE UNIT 14 AHU 5 AHU 6 AHU 7 AHU 8 ROOF PATIO CLUB UNIT CLUB UNIT CLUB UNIT CLUB UNIT BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD BD border of approved potential future pool enclosure CARPORT BD BD BD BD BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 2/23/2015 11:15:48 AM UPPER LEVEL PLAN - A4 P 3 0 5 V I I I . b P 3 0 6 V I I I . b vertical siding stone veneer horizontal siding approved potential future pool enclosure standing seam single ply membrane roofing standing seam single ply membrane roofing vertical siding horizontal siding carport and carport roof above trash and service enclosure vertical siding glass horizontal siding pool board form concrete or stone veneer on parking lot site wall vertical siding horizontal siding stone veneer BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 2/23/2015 11:16:14 AM CLUB BUILDING CHARACTER - A7 WEST ELEVATION EAST ELEVATION NORTH ELEVATION SOUTH ELEVATION P 3 0 7 V I I I . b vertical siding stone veneer horizontal siding approved potential future pool enclosure standing seam single ply membrane roofing HORIZONTAL SIDING VERTICAL SIDING STONE VENEER STANDING SEAM SINGLE- PLY MEMBRANE ROOFING BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2013 2013 2013 2013 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 These plans are conceptual or illustrative in nature. Precise information shall be provided as part of the building permit application, and in situations where the final PUD Development Plans and approved building permit differ, the approved building permit shall rule. Aspen Club & SpaAspen Club & SpaAspen Club & SpaAspen Club & Spa Subdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPASubdivision/PUD/SPA 2/23/2015 11:16:20 AM CLUB MATERIALS P 3 0 8 V I I I . b GLASS WOOD SIDING STONE OR ARCHITECTURAL CONCRETE CANOPY OVER ELEVATOR DOOR BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, BILL POSS AND ASSOCIATES, ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. ARCHITECTURE AND PLANNING, P.C. cc cc 2012 2012 2012 2012 ( T ) 9 7 0 / 9 2 5 4 7 5 5 ( F ) 9 7 0 / 9 2 0 2 9 5 0 6 0 5 E A S T M A I N S T R E E T A S P E N, C O L O R A D O 8 1 6 1 1 2/23/2015 11:15:35 AM ASPEN CLUB AND SPA 1450 Crystal Lake Road Aspen, CO Exterior Elevator A1.32.7 A1.32.7 A1.32.7 A1.32.7 SCALE 1/8" = 1'-0" Exterior Elevator North (conceptual) SCALE 1/8" = 1'-0" Exterior Elevator East (conceptual) SCALE 1/8" = 1'-0" Exterior Elevator South (conceptual) SCALE 1/8" = 1'-0" Exterior Elevator West (conceptual) P 3 0 9 V I I I . b Limitations on Variations to Land Use Requirements – 2nd Reading Page 1 of 5 MEMORANDUM TO: Mayor and City Council FROM: Chris Bendon, Community Development Director Jessica Garrow, Long Range Planner RE: Ordinance 9, Series of 2015 - Limitations on Variations Code Amendment MEETING DATE: March 9, 2015 SUMMARY : The attached Ordinance amends the Land Use Code to establish limitations on what variations may be requested by a Land Use Applicant, establishes thresholds for when dimensional and other variations trigger a public vote (referendum), and establishes the Planning & Zoning Commission as the City’s Board of Adjustment. In addition, minor grammar and spelling edits in the Planned Development and GMQS Chapters are included in the proposed amendment. STAFF RECOMMENDATION : Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES : This meeting is to review potential changes to the Land Use Code that would establish limits for variation requests as well as thresholds for when a public vote is required. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND : This code amendment focuses on creating additional clarity and predictability in the land use review process. Currently, properties over 27,000 sq ft (and smaller properties after receiving authorization from the Community Development Director) may request a Planned Development to establish dimensions that exceed those of the underlying zone district. An Applicant may request any dimension through this process. In addition, some Applicants have requested reductions in affordable housing requirements through Growth Management or through a Planned Development. Over the past few months, there have been a number of community members who have expressed concern regarding the magnitude of variations that are being requested. They have argued that dimensional variations, in particular, should be subject to a public vote (referendum) or simply not allowed. City Council has expressed a desire to examine the issue, and find code P310 VIII.c Limitations on Variations to Land Use Requirements – 2nd Reading Page 2 of 5 language that would continue to allow some flexibility for properties, while allowing a greater public say in projects that have more significant variations. OVERVIEW: The proposed code amendment addresses variations to height, floor area, and housing mitigation. While parking has recently received some attention, staff is not recommending an amendment to parking requirements. The proposed code amendment also establishes the Planning & Zoning Commission as the City’s Board of Adjustment. Currently an applicant can request any height or floor area as part of a Planned Development. The proposed code amendment curtails this by placing clear limits on the amount of height and floor area variation that can be approved by City Council. Staff believes that some ability to vary dimensions due to site specific constraints should remain in the code and would not recommend entirely eliminating that option at this time. For instance, staff believes City Council should have the discretion to approve a re-roof that requires additional height due to new insulation and roofing materials. Similarly, staff believes City Council should have the discretion to approve a slight increase in height and floor area to accommodate steep slopes, a tree, or other site specific condition. Staff has made some changes to the proposal since first reading, which are listed below and explained in more detail in the sections later in this memo: 1. Exempt single-family, duplex, and multi-family (as a single use) development from the proposed code amendment. This means the proposal applies only to commercial, lodging, and mixed-use developments. 2. Reduce the amount of floor area variation that can be requested through a PD to 5% (down from the original 10% proposal). 3. Additional review criteria have been added to aid Council’s review of height and floor area variation requests. Applicability: As written, the proposed code amendment applies to all properties that currently have a Planned Development Overlay, as well as any property seeking an overlay in the future. It does not impact non-conforming structures, properties requesting a hardship variance, or properties seeking AspenModern designation. Staff proposes exempting single-family, duplex, and multi-family development. Most of staff’s concerns related to floor area expansions have to do with residential development: the need to expand a light-well to provide adequate emergency egress, or a request to enclose a deck space to increase living space. These are relatively minor requests that go through a land use review, but they are frequent. Often owners of older multi-family complexes are interested in making relatively minor design changes to bring the units to modern standards. This often includes a request to enclose existing deck spaces to make the units slightly larger, or to add new deck space to increase the amount of outdoor living space. These requests could mean a modest increase in a single unit’s living area, but when the each unit in a complex is allowed the expansion it could be beyond the proposed floor area increase limits. Staff believes these P311 VIII.c Limitations on Variations to Land Use Requirements – 2nd Reading Page 3 of 5 requests are reasonable and should continue to be reviewed by P&Z and City Council without triggering a public vote. Height: This code amendment proposes to limit the request to two (2) feet above a property’s zoning allowance. Staff believes this allowance provides some design flexibility, and would address issues that arise from site specific constraints such as varying slopes. City Council would continue to be the final review authority for Planned Developments and would need to find that the additional height meets the existing review criteria, including neighborhood compatibility and that a significant community goal is achieved. In addition, staff proposes that if an Applicant requests and City Council approves a height variation beyond the two (2) foot limit, it would trigger an automatic public vote at the next regularly scheduled election. Floor Area: This code amendment proposes to limit requests to increase a project’s floor area to five-percent (5%) above the allowed overall floor area. City Council would continue to be the final review authority for Planned Developments and would need to find that the additional floor area meets the existing review criteria, including neighborhood compatibility and that a significant community goal is achieved. Staff has proposed a reduction in the amount of floor area increase than can be approved by City Council to just five-percent (5%) based on comments and concerns raised at first reading. Council indicated concern that the original proposal of a ten-percent (10%) increase could equate to a significant amount of floor area. With the exemption of residential development described above, staff believes a lower level of flexibility is appropriate. Staff believes this would enable minor increases in floor area, but would not equate to a significant amount of floor area that developers would “default” to requesting it. New Review Criteria: Based on Council’s comments at first reading, staff has proposed additional review criteria when an Applicant requests a height or floor area increase, including: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, such as topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community goals. Staff believes these criteria will enable Council to evaluate if the proposed increase is needed to ensure a successful project, rather than simply a request to build a bigger building for the sake of building more. The first review criterion addresses situations where a large tree, steep or varying slopes, or other natural site condition impacts how development is placed on the site. The second review criterion addresses situations where an Applicant might need a slight increase in height or floor area to further a community goal. This is a broader review criteria than the first, but would enable Council to exercise some discretion for projects they feel benefit the community, such as affordable housing or historic preservation. P312 VIII.c Limitations on Variations to Land Use Requirements – 2nd Reading Page 4 of 5 Affordable Housing: Required affordable housing mitigation is based on the existing and proposed uses in a building. In the past, some Land Use Applicants have requested reductions in affordable housing mitigation requirements as part of their land use application. City Council is charged with establishing the affordable housing mitigation requirements for Essential Public Facilities, and currently has the discretion to establish that mitigation between zero and one- hundred percent (0-100%). In addition, AspenModern properties have requested reductions in their housing requirements as part of their negotiation with Council to designate the property as historic. Staff proposes the code amendment prohibit reductions in required affordable housing mitigation, with the exception of Essential Public Facilities and historic designations. Staff believes City Council should continue to have the ability to establish the housing mitigation for Essential Public Facilities, as these are unique uses. Examples of Essential Public Facilities include religious institutions, non-profits, and governmental entities. Additionally, staff strongly supports allowing City Council the ability to negotiate with property owners interested in designating their property through AspenModern. Limits on the ability to provide individualized preservation incentives for AspenModern related properties would greatly undermine a program that has received national and state level awards for the City’s commitment and success in an area that many communities with significantly less development pressure have not been able to achieve. Special incentives for preservation have been a fundamental part of Aspen’s preservation ordinance dating back to 1987. Only about 15% of all the properties in the City are landmarked. The City has been dedicated to working with the property owners who are responsible for the preservation of Aspen’s heritage since the whole community benefits from their efforts. Parking: While parking has been raised by some members of the community as a dimension that should not be varied, staff disagrees. Parking needs are fundamentally a function of a building’s land use, and staff believes City Council should have the discretion to establish parking requirements, as is currently allowed in the code. For instance, the Jewish Community Center was approved a few years ago with a parking requirement established by City Council. Many of the JCC’s main events occur on Saturday, a day when their religious teachings prohibit the use of cars. This means the attendees to the main events will not be driving, greatly reducing the need for parking. City Council heard this argument and established a parking requirement in line with the actual use of the building. Staff believes this level of flexibility is important to maintain. Board of Adjustment: Staff proposes to consolidate the boards that hear different variance requests. Currently, the Planning & Zoning Commission (P&Z) and Historic Preservation Commission (HPC) review requests for Planned Development, Growth Management Allotments, Subdivision, Timeshare, Residential and Commercial Design, and Special Review applications. They each meet every other week and are well equipped to review all manner of land use requests, including dimensional variation requests. Hardship Variances (those variance requests due to a specific physical constraint or other hardship that uniquely impacts a property) are currently reviewed by the Board of Adjustment (BOA), which meets infrequently, sometimes as few as once or twice a year. While the BOA carries out their responsibilities well, staff proposes P313 VIII.c Limitations on Variations to Land Use Requirements – 2nd Reading Page 5 of 5 that hardship Variances be reviewed by the P&Z and HPC, and that the P&Z be designated as the City’s Board of Adjustment. OTHER OPTIONS : Staff has identified four (4) options that Council could adopt as part of this code amendment. 1. Adopt as proposed. This would allow an Applicant to request increases of 2 feet in height and 5% floor area beyond what is allowed in the underlying zoning. Any request beyond that would require a public vote. 2. Adopt the height and floor area limits as proposed (2 feet for height and 5% for floor area), but do not allow additional height or floor area to be requested and approved through a public vote. 3. Require a public vote for any height or floor area increase. (This is the option closest to the proposed Charter Amendment). 4. Not allow any height or floor area increases through Planned Development, and not include the ability to request additional height and floor area through a public vote. STAFF RECOMMENDATION : Staff recommends adoption of the attached Ordinance. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE ): “I move to approve Ordinance No. 9, Series of 2015.” CITY MANAGER COMMENTS : _____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS : Exhibit A – Staff Findings Exhibit B – Proposed code changes P314 VIII.c Code Amendment – Limits on Variations Ordinance 9, Series 2015 Page 1 of 6 ORDINANCE No. 9 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE LIMITING DIMENSIONAL AND OTHER VARIATIONS, AND ESTABLISHING THE PLANNING & ZONING COMMISSION AS THE BOARD OF ADJUSTMENT. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the Land Use Code to limit the ability to ask for certain dimensional and other variations, and to establish the Planning & Zoning Commission as the Board of Adjustment; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on January 26, 2015, the City Council approved Resolution No.13, Series of 2015, requesting code amendments to the Land Use Code; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, clarifying the land use review process is identified in the 2012 Aspen Area Community Plan as an important city policy and goal; and, WHEREAS, the City Council finds that this Resolution implements the City’s goals as articulated in the 2012 Aspen Area Community Plan; and WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.470.110(A) – Growth management review procedures, General , shall be P315 VIII.c Code Amendment – Limits on Variations Ordinance 9, Series 2015 Page 2 of 6 amended as follows: [Subsections 1 – 10 shall be unchanged ] 11. No reduction in mitigation requirements . Notwithstanding Section 26.470.090(4), Essential Public Facilities , an applicant may not request a reduction in the mitigation requirements of this Chapter. Properties requesting historic designation pursuant to Chapter 26.415, Historic Preservation, shall be exempt from this provision, provided, however, that any reduction is reviewed and approved by City Council. Section 2: All references within Chapter 26.470, Growth Management Quota System, to Subsection 26.470.080.2 shall be renumbered to Subsection 26.470.070.7. Similarly, references to 26.470.080(6-10) shall be renumbered to 26.470.070(6-10). Section 3: Chapter 26.445.030(B) – Planned Development, Scope and Limitations of Project Review , shall be amended as follows: B. Scope and Limitations of Project Review. Project Review shall set forth the overall concept and general parameters of a project. The allowed land uses, layout, mass and scale, and dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations that increase the allowed maximum height by more than two (2) feet or the total maximum floor area by more than five-percent (5%) above what is permitted in the underlying zone district shall be subject to voter approval, pursuant to Section 26.445.040, Procedures for Review. Single Family, Duplex, and Multi-Family (as a sole use) uses shall be exempt from this provision. Section 4: Chapter 26.445.030(B)(1)(e) – Planned Development, Planned Development Review, Step One Project Review before the Planning and Zoning Commission (or Historic Preservation Commission, as applicable), Notice requirements , shall be amended as follows: e. Notice requirements: Publication, mailing and posting pursuant to Section 26.304.060.E.3.a, b and c. If use variations are proposed as part of the project, Neighborhood Outreach, pursuant to Section 26.304.035, shall be required and all public notices shall indicate what land uses are proposed that are not otherwise allowed in the underlying zone district by including the following language: “The applicant proposes the development include the following land uses not otherwise allowed in the zone district: [list and description of land uses].” Section 5: Chapter 26.445.030(B)(2)(d) – Planned Development, Planned Development Review, Step Two Project Review before City Council, Form of decision , shall be amended as follows: d) Form of decision: City Council action shall be by ordinance approving, approving with conditions or denying Project Review. Projects approved or approved with conditions by City Council that increase the allowed maximum height by more than two (2) feet or the total P316 VIII.c Code Amendment – Limits on Variations Ordinance 9, Series 2015 Page 3 of 6 maximum floor area by more than five-percent (5%) above what is allowed in the underlying zone district shall not be effective unless subsequently approved by a majority of all City electors voting thereon (“public vote”). The public vote shall occur at the earliest of either the next previously scheduled state or county election, the next general municipal election, or a special election set by the City Council. Section 6: Chapter 26.445.030(B)(2)(e) – Planned Development, Planned Development Review, Step Two Project Review before City Council, Notice requirements, shall be amended as follows: d. Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing pursuant to Section 26.304.060.E.3.a, b and c. In addition, all notices shall include the following language: “City Council’s Project Review addresses land uses, mass, scale, height, floor area, site planning and other major aspects of the proposal. City Council’s action is by ordinance and is binding.” If use variations are proposed as part of the project, Neighborhood Outreach, pursuant to Section 26.304.035, shall be required and all public notices shall indicate what land uses are proposed that are not otherwise allowed in the underlying zone district by including the following language: “The applicant proposes the development include the following land uses not otherwise allowed in the zone district: [list and description of land uses].” If use variations are proposed as part of the project, City Council may, at its discretion, temporarily halt the review and require an applicant repeat Neighborhood Outreach, pursuant to Section 26.304.035. After one additional Neighborhood Outreach, City Council shall resume and complete its review. Section 7: Chapter 26.445.050 – Planned Development, Project Review Standards, shall be amended to add Section J, Height and Floor Area Variations , as follows: [Sections A – I shall be unchanged ] J. Height and Floor Area Variations. Variations to allowed height and floor area shall be subject to the following review criteria: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, such as topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community goals. Section 8: Chapter 26.445.080(A)(5) – Planned Development, Application contents, shall be amended as follows: 5. For Planned Development applications involving the addition of 10 or more residential units, 20 or more lodging units, or 20,000 square feet or more of commercial space (or any equivalent combination thereof), “ability-to-serve” letters from public and private utility P317 VIII.c Code Amendment – Limits on Variations Ordinance 9, Series 2015 Page 4 of 6 providers that will service the proposed project with potable water, natural gas, electricity, sanitary sewer, storm sewer, and roads stating they can service the proposed planned development. Ability-to-Serve letters shall be substantially in the following format: The [utility provider] has reviewed the proposed [planned development name and date of application] and has adequate capacity to serve proposed development, subject to compliance with the following adopted design standards [reference] and subject to the following adopted tap fee or impact mitigation requirements [reference]. For Planned Development applications proposing the addition of 50 or more residences, or that proposes new water use in an amount equal to or exceeding that used by 50 residences, the application must demonstrate compliance with the State Adequate Water Supply Act. (Colo. Revised Statutes 29-20-301, et seq.). Section 9: Chapter 26.445.110(E) – Planned Development, Amendments, Minor Amendment to a Detailed Review approval, shall be amended as follows: E. Minor Amendment to a Detailed Review approval. An amendment found by the Community Development Director consistent with a Project Review approval and to be generally consistent with the allowances and limitations of a Detailed Review approval, or which otherwise represents an insubstantial change, 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 or the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 – Step Three. Section 10: Chapter 26.445.110(G) – Planned Development, Amendments, Amendment Conditions, shall be amended as follows: G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation Commission, and the City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community circumstances. Conditions may be applied to portions or aspects of the project which are the subject of the amendment request or other portions or aspects of the project. Conditions may include adherence to any new community policies or regulations which have been implemented since the original approval or that reflect changed or changing community circumstances as they affect the project's entitled allowances and limitations including material representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. Section 11: Chapter 26.212.010 – Planning and Zoning Commission, Powers and duties , shall be amended as follows: 26.212.010. Powers and duties. In addition to any authority granted the Planning and Zoning Commission (hereinafter "Commission") by state law or the Municipal Code of the City of Aspen, Colorado, the P318 VIII.c Code Amendment – Limits on Variations Ordinance 9, Series 2015 Page 5 of 6 Commission shall have the following powers and duties. The Planning and Zoning Commission shall also function as the City’s Board of Adjustment, and shall have all authorities grated to a Board of Adjustment by state law or this Code. [Subsections A – M shall be unchanged ] N. To hear, review, and approve variances, not including variances to allowable FAR or height, from the provisions of this Title, pursuant to Chapter 26.314; [Subsections O – Q shall be unchanged ] Section 12: Chapter 26.216 – Board of Adjustment , shall be deleted. Section 13: Effect Upon Existing Litigation. This ordinance shall not affect 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 14: Severability. 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 15: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 16: A public hearing on this ordinance was held on the ___ day of ______________, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen 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 ___ day of ________, 2015. Attest: __________________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this ___day of _________, 2015. Attest: P319 VIII.c Code Amendment – Limits on Variations Ordinance 9, Series 2015 Page 6 of 6 __________________________ ___________________________ Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: ___________________________ James R. True, City Attorney P320 VIII.c Limitations on Variations to Land Use Requirements – 1st reading Exhibit A Page 1 of 1 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three – Public Hearing before City Council , the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed amendment established new limits on variance requests. There are no known conflicts with existing provisions. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: Staff believes there is a community interest in updating the code to provide some limitations on what variations may be requested by an applicant. Providing some limitations on what may be requested creates additional predictability for neighbors and the community regarding what can be built on a given property. This code amendment also proposes to require an automatic public vote (referendum) for any variation that exceeds the established limits, enabling the community to have a direct voice in projects that may have greater community impacts. Staff finds this criterion to be met. The 2012 Aspen Area Community Plan includes a policy to “create certainty in zoning and the land use process.” Updating the Code to provide limitations on what variations may be requested is in concert with this policy. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to ensure a more predictable and clear land use review process. Staff finds this criterion to be met. P321 VIII.c Exhibit B – Proposed Code Changes PD – Variations Allowed Chapter 26.445 PLANNED DEVELOPMENT 26.445.030. Scope and Limitations. B. Scope and Limitations of Project Review. Project Review shall set forth the overall concept and general parameters of a project. The allowed land uses, layout, mass and scale, and dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations that increase the allowed maximum height by more than two (2) feet or the total maximum floor area by more than five-percent (5%) above what is permitted in the underlying zone district shall be subject to voter approval, pursuant to Section 26.445.040, Procedures for Review. Single Family, Duplex, and Multi-Family (as a sole use) uses shall be exempt from this provision. Sec. 26.445.040. Procedures for Review. B. Planned Development Review. All development proposed within a Planned Development shall be subject to a three-step review consisting of the following steps: Public hearings are required at each step. 1. Step One — Project Review before the Planning and Zoning Commission (or Historic Preservation Commission, as applicable). a) Purpose: To determine if the application meets standards for Project Review Approval. Project Review shall focus on the overall concept and general parameters of a project. The allowed land uses, layout, mass and scale, and dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. b) Process: The Community Development Director shall provide the Planning and Zoning Commission or Historic Preservation Commission, as applicable, with a recommendation to approve, approve with conditions, or deny and applicant’s Project Review, based on the standards of review. The Planning and Zoning Commission or Historic Preservation Commission, as applicable, shall forward a recommendation of approval, approval with conditions or disapproval of an applicant’s Project Review to City Council after considering the recommendation of the Community Development Director, and comments and testimony from the public at a duly noticed public hearing. c) Standards of review: The proposed development shall comply with Section 26.445.050, Project Review Standards. If use variations are proposed, the proposed development shall also comply with Section 26.445.060, Use Variation Standards. d) Form of decision: The recommendation shall be by resolution. e) Notice requirements: Publication, mailing and posting pursuant to Section 26.304.060.E.3.a, b and c. If use variations are proposed as part of the project, P322 VIII.c Exhibit B – Proposed Code Changes PD – Variations Allowed Neighborhood Outreach, pursuant to Section 26.304.035, shall be required and all public notices shall indicate what land uses are proposed to be addedthat are not otherwise allowed in the underlying zone district by including the following language: “The applicant proposes the development include the following land uses not otherwise allowed in the zone district: [list and description of land uses].” Step Two — Project Review before the City Council. a) Purpose: To determine if the application meets standards for Project Review Approval. Project Review shall focus on the overall concept and general parameters of a project. The allowed land uses, layout, mass and scale, and dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. b) Process: The Community Development Director shall provide City Council with a recommendation to approve, approve with conditions, or deny the Project Approval Review, based on the standards of review. City Council shall approve, approve with conditions, or deny the application after considering the recommendation of the Community Development Director, the recommendation from the Planning and Zoning Commission or Historic Preservation Commission, as applicable, and comments and testimony from the public at a duly noticed public hearing. c) Standards of review: The proposed development shall comply with Section 26.445.050 for Project Approval Review. If variations in land uses are proposed, the proposed development shall also comply with Section 26.445.060, Use Variation Standards. d) Form of decision: City Council action shall be by ordinance approving, approving with conditions or denying Project Review. Projects approved or approved with conditions by City Council that increase the allowed maximum height by more than two (2) feet or the total maximum floor area by more than five-percent (5%) above what is allowed in the underlying zone district shall not be effective unless subsequently approved by a majority of all City electors voting thereon (“public vote”). The public vote shall occur at the earliest of either the next previously scheduled state or county election, the next general municipal election, or a special election set by the City Council. e) Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing pursuant to Section 26.304.060.E.3.a, b and c. In addition, all notices shall include the following language: “City Council’s Project Review addresses land uses, mass, scale, height, floor area, site planning and other major aspects of the proposal. City Council’s action is by ordinance and is binding.” If use variations are proposed as part of the project, Neighborhood Outreach, pursuant to Section 26.304.035, shall be required and all public notices shall indicate what land uses are proposed that are not otherwise allowed in the underlying zone district to be added by including the following language: “The applicant proposes the development P323 VIII.c Exhibit B – Proposed Code Changes PD – Variations Allowed include the following land uses not otherwise allowed in the zone district: [list and description of land uses].” If use variations are proposed as part of the project, City Council may, at its discretion, temporarily halt the review and require an applicant repeat Neighborhood Outreach, pursuant to Section 26.304.035. After one additional Neighborhood Outreach, City Council shall resume and complete its review. 26.445.050. Project Review Standards. J. Height and Floor Area Variations. Variations to allowed height and floor area shall be subject to the following review criteria: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, such as topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community goals. 26.445.080. Application Contents. A. Project Review Application Contents. The contents of a development application for a Project Review shall include the following: 5. For Planned Development applications involving the addition of 10 or more residential units, 20 or more lodging units, or 20,000 square feet or more of commercial space (or any equivalent combination thereof), “ability-to-serve” letters from public and private utility providers that will service the proposed project with potable water, natural gas, electricity, sanitary sewer, storm sewer, and roads stating they can service the proposed subdivisionplanned development. Ability-to-Serve letters shall be substantially in the following format: The [utility provider] has reviewed the proposed [planned development name and date of application] and has adequate capacity to serve proposed development, subject to compliance with the following adopted design standards [reference] and subject to the following adopted tap fee or impact mitigation requirements [reference]. For Planned Development applications proposing the addition of 50 or more residences, or that proposes new water use in an amount equal to or exceeding that used by 50 residences, the application must demonstrate compliance with the State Adequate Water Supply Act. (Colo. Revised Statutes 29-20-301, et seq.). 26.445.110. Amendments. Amendments to an approved Project Review or to an approved Detailed Review shall be reviewed according to the standards and procedures outline below. Amendments to Planned Unit Development and Specially Planned Area approvals (pre- P324 VIII.c Exhibit B – Proposed Code Changes PD – Variations Allowed Ordinance 36, 2013, approvals) shall also proceed according to the standards and procedures outline below and the Community Development Director shall determine the type of procedure most-applicable to the requested amendment. E. Minor Amendment to a Detailed Review approval. An amendment found by the Community Development Director consistent with a Project Rreview approval and to be generally consistent with the allowances and limitations of a Detailed Review approval, or which otherwise represents an insubstantial change, 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 orf the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 – Step Three. G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation Commission, and the City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community circumstances. Conditions may be applied to portions or aspects of the project which are the subject of the amendment request or other portions or aspects of the project. Conditions may include adherence to any new community policies or regulations which have been implemented since the original approval or that reflect changed or changing community circumstances as they affect the project's entitled allowances and limitations including material representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. P325 VIII.c Exhibit B – Proposed Code Changes PD - No Variations Allowed Chapter 26.445 PLANNED DEVELOPMENT 26.445.030. Scope and Limitations. B. Scope and Limitations of Project Review. Project Review shall set forth the overall concept and general parameters of a project. The allowed land uses, layout, mass and scale, and dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. Variations that increase the allowed maximum height or total maximum floor area above what is permitted in the underlying zone district shall be subject to voter approval, pursuant to Section 26.445.040, Procedures for Review. Single Family, Duplex, and Multi-Family (as a sole use) uses shall be exempt from this provision. Sec. 26.445.040. Procedures for Review. B. Planned Development Review. All development proposed within a Planned Development shall be subject to a three-step review consisting of the following steps: Public hearings are required at each step. 1. Step One — Project Review before the Planning and Zoning Commission (or Historic Preservation Commission, as applicable). a) Purpose: To determine if the application meets standards for Project Review Approval. Project Review shall focus on the overall concept and general parameters of a project. The allowed land uses, layout, mass and scale, and dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. b) Process: The Community Development Director shall provide the Planning and Zoning Commission or Historic Preservation Commission, as applicable, with a recommendation to approve, approve with conditions, or deny and applicant’s Project Review, based on the standards of review. The Planning and Zoning Commission or Historic Preservation Commission, as applicable, shall forward a recommendation of approval, approval with conditions or disapproval of an applicant’s Project Review to City Council after considering the recommendation of the Community Development Director, and comments and testimony from the public at a duly noticed public hearing. c) Standards of review: The proposed development shall comply with Section 26.445.050, Project Review Standards. If use variations are proposed, the proposed development shall also comply with Section 26.445.060, Use Variation Standards. d) Form of decision: The recommendation shall be by resolution. e) Notice requirements: Publication, mailing and posting pursuant to Section 26.304.060.E.3.a, b and c. If use variations are proposed as part of the project, Neighborhood Outreach, pursuant to Section 26.304.035, shall be required and all P326 VIII.c Exhibit B – Proposed Code Changes PD - No Variations Allowed public notices shall indicate what land uses are proposed to be addedthat are not otherwise allowed in the underlying zone district by including the following language: “The applicant proposes the development include the following land uses not otherwise allowed in the zone district: [list and description of land uses].” Step Two — Project Review before the City Council. a) Purpose: To determine if the application meets standards for Project Review Approval. Project Review shall focus on the overall concept and general parameters of a project. The allowed land uses, layout, mass and scale, and dimensions of the project, including all deviations from zone district allowances and limitations, shall be established during Project Review. b) Process: The Community Development Director shall provide City Council with a recommendation to approve, approve with conditions, or deny the Project Approval Review, based on the standards of review. City Council shall approve, approve with conditions, or deny the application after considering the recommendation of the Community Development Director, the recommendation from the Planning and Zoning Commission or Historic Preservation Commission, as applicable, and comments and testimony from the public at a duly noticed public hearing. c) Standards of review: The proposed development shall comply with Section 26.445.050 for Project Approval Review. If variations in land uses are proposed, the proposed development shall also comply with Section 26.445.060, Use Variation Standards. d) Form of decision: City Council action shall be by ordinance approving, approving with conditions or denying Project Review. Projects approved or approved with conditions by City Council that increase the allowed maximum height or total maximum floor area above what is allowed in the underlying zone district, shall not be effective unless subsequently approved by a majority of all City electors voting thereon (“public vote”). The public vote shall occur at the earliest of either the next previously scheduled state or county election, the next general municipal election, or a special election set by the City Council. e) Notice requirements: Requisite notice requirements for adoption of an ordinance by City Council and publication, posting and mailing pursuant to Section 26.304.060.E.3.a, b and c. In addition, all notices shall include the following language: “City Council’s Project Review addresses land uses, mass, scale, height, floor area, site planning and other major aspects of the proposal. City Council’s action is by ordinance and is binding.” If use variations are proposed as part of the project, Neighborhood Outreach, pursuant to Section 26.304.035, shall be required and all public notices shall indicate what land uses are proposed that are not otherwise allowed in the underlying zone district to be added by including the following language: “The applicant proposes the development include the following land uses not otherwise allowed in the zone district: [list and description of land uses].” P327 VIII.c Exhibit B – Proposed Code Changes PD - No Variations Allowed If use variations are proposed as part of the project, City Council may, at its discretion, temporarily halt the review and require an applicant repeat Neighborhood Outreach, pursuant to Section 26.304.035. After one additional Neighborhood Outreach, City Council shall resume and complete its review. 26.445.080. Application Contents. A. Project Review Application Contents. The contents of a development application for a Project Review shall include the following: 5. For Planned Development applications involving the addition of 10 or more residential units, 20 or more lodging units, or 20,000 square feet or more of commercial space (or any equivalent combination thereof), “ability-to-serve” letters from public and private utility providers that will service the proposed project with potable water, natural gas, electricity, sanitary sewer, storm sewer, and roads stating they can service the proposed subdivisionplanned development. Ability-to-Serve letters shall be substantially in the following format: The [utility provider] has reviewed the proposed [planned development name and date of application] and has adequate capacity to serve proposed development, subject to compliance with the following adopted design standards [reference] and subject to the following adopted tap fee or impact mitigation requirements [reference]. For Planned Development applications proposing the addition of 50 or more residences, or that proposes new water use in an amount equal to or exceeding that used by 50 residences, the application must demonstrate compliance with the State Adequate Water Supply Act. (Colo. Revised Statutes 29-20-301, et seq.). 26.445.110. Amendments. Amendments to an approved Project Review or to an approved Detailed Review shall be reviewed according to the standards and procedures outline below. Amendments to Planned Unit Development and Specially Planned Area approvals (pre- Ordinance 36, 2013, approvals) shall also proceed according to the standards and procedures outline below and the Community Development Director shall determine the type of procedure most-applicable to the requested amendment. E. Minor Amendment to a Detailed Review approval. An amendment found by the Community Development Director consistent with a Project Rreview approval and to be generally consistent with the allowances and limitations of a Detailed Review approval, or which otherwise represents an insubstantial change, 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 orf the Historic Preservation Commission as applicable, pursuant to 26.445.040.B.3 – Step Three. G. Amendment Conditions. During the review of a proposed amendment, the Community Development Director, the Planning and Zoning Commission, the Historic Preservation P328 VIII.c Exhibit B – Proposed Code Changes PD - No Variations Allowed Commission, and the City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community circumstances. Conditions may be applied to portions or aspects of the project which are the subject of the amendment request or other portions or aspects of the project. Conditions may include adherence to any new community policies or regulations which have been implemented since the original approval or that reflect changed or changing community circumstances as they affect the project's entitled allowances and limitations including material representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. P329 VIII.c Exhibit B – Proposed Code Changes Chapter 26.470 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) 26.470.110. Growth management review procedures. A. General. 11. No reduction in mitigation requirements. An applicant may not request a reduction in the mitigation requirements of this Chapter. Applications for essential public facilities pursuant to Section 26.470.090(4), Essential Public Facilities, or historic designation pursuant to Chapter 26.415.030(C), Historic Preservation - AspenModern, shall be exempt from this provision, provided, however, that any reduction is reviewed and approved by City Council. Sec. 26.470.060 Administrative applications. 3. Change in use of historic landmark sites and structures. The change of use between the development categories identified in Section 26.470.020, of a property, structure or portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more than one (1) free-market residence is created. No employee mitigation shall be required. If more than one (1) free-market residence is created, the additional units shall be reviewed pursuant to Paragraph 26.470.080.2070.7. The change in amount of development and number of units shall be added and deducted from the respective development ceiling levels established pursuant to Section 26.470.030 but shall not be added or deducted from the respective annual development allotments. 26.470.070 Planning and Zoning Commission applications. The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, the following types of growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted from the annual development allotments. Approvals apply cumulatively. Growth Management approvals for Subsections 26.470.0780(6-10) shall be deducted from the respective annual development allotments. 1. Enlargement of an historic landmark for commercial, lodge or mixed-use development. b. Up to one (1) free-market residence may be created pursuant to Paragraph 26.470.060.4, Minor enlargement of an historic landmark for commercial, lodge or mixed-use development. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. Additional free-market units (beyond one [1]) shall be reviewed pursuant to Paragraph 26.470.080.2070.7, New free- market residential units within a multi-family or mixed-use project. 5. Demolition or redevelopment of multi-family housing. b. Fifty-percent replacement. In the event of the demolition of free-market multi-family housing and replacement of less than one hundred percent (100%) of the number of previous units, bedrooms or net livable area as described above, the applicant shall be required to construct affordable housing consisting of no less than fifty percent (50%) of the number of units, bedrooms and the net livable area demolished. The replacement units shall be deed- P330 VIII.c Exhibit B – Proposed Code Changes restricted as Category 4 housing, pursuant to the guidelines of the Aspen/Pitkin County Housing Authority. An applicant may choose to provide mitigation units at a lower category designation. Each replacement unit shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing. When this fifty-percent standard is accomplished, the remaining development on the site may be free-market residential development as long as additional affordable housing mitigation is provided pursuant to Paragraph 26.470.070.3, Expansion of free-market residential units within a multi-family or mixed-use project, and there is no increase in the number of free- market residential units on the parcel. Free-market units in excess of the total number originally on the parcel shall be reviewed pursuant to Paragraph 26.470.080.2070.7, New free-market residential units within a multi-family or mixed-use project. P331 VIII.c Exhibit B – Proposed Code Changes Chapter 26.212 PLANNING AND ZONING COMMISSION 26.212.010. Powers and duties. In addition to any authority granted the Planning and Zoning Commission (hereinafter "Commission") by state law or the Municipal Code of the City of Aspen, Colorado, the Commission shall have the following powers and duties.: The Planning and Zoning Commission shall also function as the City’s Board of Adjustment, and shall have all authorities grated to a Board of Adjustment by state law or this Code. N. To hear, review, and approve grant variances, not including variances to allowable FAR or height, from the provisions of this Title, when a consolidated application is presented to the Commission for review and approval pursuant to Chapter 26.314; Chapter 26.216, Board of Adjustment is deleted P332 VIII.c AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: / Q ,�, _. (J( ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: 20 r'� M0r-CA 9 STATE OF COLORADO ) ss. County of Pitkin ) d 9cto-.S lX.✓Ld Ngnkl 01 (name, please print) being or representing an Applicant to the City of Aspen, Colo do, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials,,which was not less than twenty-two (22) inches wide and twenty-six (26) inches high,;and,which, was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior tathe public hearing on the 16 Day of e ' 20/s, to and including the date and time of the public hearing. A photokkaph of th' osted:notice(s gn);is attached hereto. Mailing..of notice. By the mailing of a�notice,obtamed xfrom the..Community ar � } . �, ... Development Department, which contains the informatixa :on described in Section 26.304.060(E)(2) of the Aspen Land Use±Code tAt�least fifteen (15).days�prior to the public hearing, notice was hand delivered or mailed'by`fi`rs't class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that ;neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the,requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. a(A C atur The foregoing"Affidavit of Notice"was acknowledged before me this.24444day of , 20J, by --57pX, �a.calo5c�v� MATTHEW MOSCHET WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATS OF COLORADO My com xpires: NOTARY ID 20104003023 MY COMMISSION EXPIRES FEBRUARY 16,2018 .r. Notary'Publfc ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. X24-65.5-103.3 T.e ASPEN CLUB Michael Fox President&CEO February 17,2015 Dear Neighbor: Many of you have been following the progress of my team and me for the past several years to help bring to fruition the vision and concept for the development of our unique hospitality project in conjunction with the renovation of the Aspen Club and Spa. As you know, I personally play an intimate role in every single detail of this process as the project is a legacy project for my family,our neighborhood and the Aspen Community. As plans for the redevelopment of the Aspen CIub & Spa have been reviewed and revised, we have continued to look for opportunities to make this a better project while reducing the overall impacts on our members, neighbors and the, greater Aspen community. This effort has led us to submit this PUD Amendment in order to present a project that has less overall impact, is better integrated into the site and is more open and welcoming to our members, guests and the larger public. Our PUD Amendment provides for the following refinements to the currently approved FUD: I. Elimination of a subgrade parking structure, which is a 30,000 square foot concrete box. This is the equivalent of removing from the site a requirement to develop a structure much larger than Aspen City Hall itself. 2. From a construction and impact perspective alone, removing the parking structure results in: ✓ At least 6,800 fewer heavy truck trips down Ute Avenue, through Aspen, back through town, and back up Ute Avenue taking excavated dirt out and bringing materials to the site; ✓ Avoids the need to truck not less than 67,500 cubic feet of dirt off of the site and to the dump; ✓ Not having to bring in some 4,752,000 pounds (or 2,376 tons) of concrete to the site; ✓ Eliminating the need for more than 30,000 pounds (15 tons)of rebar; ✓ Eliminating delivery and use of 1,500 fewer lineal feet of sprinkler pipe; ✓ Delivery and installation of 9,600 fewer lineal feet (close to 2 miles) of snowmelt piping; and 1450 Crystal Lake Road Aspen, Colorado 81611 970-925.8900 (o) 970-925-2453 (t) ✓ Eliminating the need for some 800 lineal feet of sheet metal, 2,500 lineal feet of conduit and wire, and a 15-ton cooling tower. 3. A substantial reduction of Floor Area and gross Building Area of the project while still adding an additional 5 bedrooms and 10 total pillows of lodging. These efficiencies are achieved through the elimination of the parking garage and modifying some of the overall programming for the lodging component. 4. Improvement of the Affordable Housing Units by being able to locate parking for these unit occupants adjacent to the units, increase the windows in the units and provide more direct access to storage for the units. 5. Greatly reducing the amount of vertical retaining and garage wall that impacts the adjoining Benedict Building Property on the eastern side of the project. 6. Providing an elevator connection from the parking level down to the townhome level, thereby increasing accessibility of the trails down to/up from the Roaring Fork River. 7. Reducing the overall amount of site walls on the property. The revised plan allows the development to better work with the existing site, grades and topography, resulting in less retaining wall construction, instead of forcing the site,grades and topography to work for the development. The changes to the PUD also provide the opportunity for a more community-oriented, inclusive facility. The approved plan contains four separated entrance areas (two surface and two in the garage), which serve to segregate and divide club members, unit owners, guests and the community at large. The proposed amendment supplies the benefit of replacing this arrangement with a single, common entrance serving everyone equally and without limitation. The City has been trying to reverse a trend toward segregated entrances and facilities and this amendment, and the Aspen Club for the past 38 years, has very much been in harmony with these City goals. The proposed amendment provides a win-win proposition for the community, especially since we commit to maintaining the previously made commitments, which were memorialized as conditions of the Aspen Cub & Spa approvals. As a reminder, during the 2010 approvals, we agreed (and still agree) to provide many substantial and unprecedented community benefits above and beyond anything required by the Land Use Code. These benefits include,but are not limited to,the following: ✓ More affordable housing than required; ✓ The expenditure of over $5,000,000 in upgrades to the existing Aspen Club & Spa facility; ✓ Provision of free office space to two(2)local charities; 1450 Crystal Lake Road {Aspen,Colorado 81611 970-925-8900 (o) 970-925-2453 (i] ✓ Commitment to making the Club available to Olympic and Paralympic athletes for training, as well as to disabled members of the community; ✓ Commitment to the continued hosting of Project Graduation and other community events; ✓ Continued hosting of seminars and lectures that are open to the public; ✓' Agreeing to the entirely voluntary ACLC Fractional Interest Assessment (similar to the City's Real Estate Transfer Tax) that will go into a community recreation fund to protect the promised community benefits for 25 years; and ✓ Completion of trail and Ute Avenue improvements. By approving the proposed changes to the PUD/SPA, the redevelopment of the Aspen Club & Spa will become a smaller, less complicated project, with reduced construction impacts to the Aspen Club's neighbors and the community at large. We are pleased that the Aspen Planning and Zoning Commission unanimously approved the proposed PUD Amendment. We will be at City Council on Monday, March 9th to share these exciting modifications. Should you have any questions regarding the PUD Amendment,please feel free to contact me directly. Sincerely, Michael Fox President and CEO The Aspen Club and Spa (970) 925-8900 mfox(@aspenclub.com 1450 Cr),stal Lake Road Aspcn,Colorado 81611 970-925-8900 (o) 970.925-2453 (f) PUBLIC NOTICE RE: 1450 CRYSTAL LAKE DRIVE—PUD AMENDMENT;GROWTH MANAGEMENT, COMMERCIAL DESIGN AMENDMENT,AND SUBDIVISION REVIEWS NOTICE IS HEREBY GIVEN that,a public hearing will be held on Monday March 9, 2015, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Club and Spa, LLC, for the property located at 1450 Crystal Lake Road (commonly known as the Aspen Club and Spa), represented by Haas Land Planning and Gateway Management Company. The applicant is requesting a PUD amendment to remove the subgrade parking garage and relocate the parking on the site. The applicant is requesting Growth Management Reviews to add additional lodge bedrooms to the project. Design changes are proposed to accommodate the relocated parking and the increased lodge bedroom count. A Subdivision Review is requested to accommodate a lot line adjustment between Lots 15-A and 15-E. The property is legally described as Lots 15A-15E, Callahan Subdivision, City of Aspen, Pitkin County, Colorado. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970)429.2780,jessica.garrow@cityofaspen.com. s/Steven Skadron,Mayor Aspen City Council Published in the Aspen Times on February 19, 2015 City of Aspen Account nARu t,sao AHU 2.6810 TH UNIT 10 HIC AHU 3.]611 _ I TH UNIT 11TH UNIT 12 TH UNR 13 TH UNIT 14 . iN UNIT 8 ® 3 l ANlu e TH UNIT 6 S PAIL UN6 TM UNIT I 0 013 TH UNIT 6 O • • I U#Iwq ♦ C I d TH UNITS 'H a - seer 1rr[¢ea /� w.ra HC TH UNIT 4 HC _ tl TH UNIT 3 H� TH UNIT O TH UNIT O 11 ASPEN CLUB& SPA SUBDIVISION/PUD/SPA ASPEN,CO SITE PLAN FEBRUARY 12,2015 10TH MTN DIVISION HUT ASSOC INC 1280 UTE LLC ALPHA FAMILY TRUST 1280 LITE AVE 1280 LITE AVE#16 10100 SANTA MONICA BLVD#2600 ASPEN, CO 81611 ASPEN, CO 81611 LOS ANGELES, CA 90067 ARMYTAGE GAYLE M ASPEN CLUB ASPEN8 LLC 1434 CRYSTAL LAKE RD 1450 CRYSTAL LAKE RD 15700 SOUTH PARK BLVD ASPEN, CO 81611 ASPEN, CO 81611 SHAKER HEIGHTS, OH 441201670 BASS EDWARD P BCL TRUST BECKWITT MANAGEMENT TRUST 201 MAIN ST#2700 1707 MARKET PLACE BLVD#250 1707 MARKET PLACE BLVD#250 FORT WORTH,TX 76102 IRVING,TX 75063 IRVING,TX 75063 BEHRHORST DAVID G BURGESS JOHN K& ELIZABETH CITY OF ASPEN 1280 LITE AVE#32 700 LITE AVE#202 130 S GALENA ST ASPEN, CO 81611 ASPEN,CO 81611 ASPEN, CO 81611 CLINE LEONARD J COTE RICHARD CRICENTI-MUNVES PALMIRA 634 CARONDELET ST 1280 LITE AVE PO BOX 24 NEW ORLEANS, LA 70130-3504 ASPEN, CO 81611 ASPEN, CO 81612 FALLIN RICHARD ALDEN FARVER JOAN LIVING TRUST FRETZ BARBARA B PO BOX 6819 617 FRANKLIN PL#200 1432 CRYSTAL LAKE RD SNOWMASS VILLAGE, CO 81615-6819 PELLA, IA 50219 ASPEN, CO 81611 GIBSON DYLAN J GOODMAN HERBERT I & MARY K GOODMAN LEONARD C 1280 UTE AVE 5710 TECUMSEH CIR 222 N LASALLE ST#800 ASPEN, CO 81611 HOUSTON, TX 770571317 CHICAGO, IL 60601 GORDON JOHN CHARLES HAHN TRUST HART H RODES& PATRICIA 1 10356 E STATE HIGHWAY 82 1650 FARNAM ST 3001 HILLSBORO RD TWIN LAKES, CO 812519766 OMAHA, NE 68102 BRENTWOOD, TN 37027 HEAD FREDERICK F HOFFMAN EVELINE REV TRUST J ARIEL HOLDINGS TRUST 50% 1451 LITE AVE 1427 CRYSTAL LAKE RD 25 ORINDA WY#300 ASPEN, CO 81611 ASPEN, CO 81611 ORINDA, CA 94563 JCCL TRUST JONES FAMILY REV TRUST LUTTRELL MARTHA LIV TRUST 1707 MARKET PLACE BLVD#250 2105 LEE SHORE PL 501 S BEVERLY DR 3RD FL IRVING,TX 75063 WILMINGTON, NC 28405 BEVERLY HILLS, CA 90212 MANAGING SPACES LLC MCBRIDE PETER MCCLAIN PETER K PO BOX 4362 1280 LITE AVE 1461 UTE AVE ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 MITCHELL TODD MORRIS CLIFTON H JR&SHERIDAN C MRK ASPEN INVESTMENTS LLC 1280 LITE AVE#7 1409 INDIAN CREEK 34 W DILIDO DR ASPEN, CO 81611 WESTOVER HILLS,TX 76107 MIAMI, FL 33139 MUNVES ANDREW NATHANSON FAMILY TRUST NOVAK JEFFERY T& KATHERINE PIKE PO BOX 24 101 OCEAN AVE#C-600 1463 LITE AVE ASPEN, CO 81612 SANTA MONICA, CA 90402 ASPEN, CO 81611 OTTE WILSON MICHAEL PANTHERA LLLP POGLIANO GINA 89 DANIEL DR 774 MAYS BLVD STE 10557 1467 LITE AVE ASPEN, CO 81611 INCLINE VILLAGE, NV 894517638 ASPEN, CO 81611 POLGRAVE INVESTMENTS LTD POWDER HOUSE CONDO ASSOC PUBLIC COUNSEL OF THE ROCKIES 2121 PONCE DE LEON BLVD, STE 650 1280 UTE AVE#16 1280 UTE AVE STE 4 CORAL GABLES, FL 33134 ASPEN, CO 81611 ASPEN, CO 81611 RC ASPEN TRUST REESE JOHN W ROESER ELLEN QPRT 222 N LASALLE ST#800 257 EASTWOOD DR 1900 HIGHLAND PARK CIR CHICAGO, IL 60601 ASPEN, CO 81611 FORT WORTH, TX 76107 SALVADORE TERESA SEBASTIAN SEAN D S &AMY P S SHARPE HOLDINGS LP ARMSTRONG BERNARD&TATIANA 321 GRANT ST 10490 WILSHIRE BLVD#1603 1122 COUNTY RD 106 SEWICKLEY, PA 15143 LOS ANGELES, CA 90024 CARBONDALE,CO 81623 SHELDON ROBERT& BARBARA SHUMAN RUTH L SMITH BRADLEY& DOLECKI SMITH 11 BROOKSIDE DR 1120 PARK AVE JENNIFER WESTPORT, CT 06880 NEW YORK, NY 10128 1455 UTE AVE ASPEN, CO 81611 STILLWATER RANCH OPEN SPACE UHALT HUGH C UTE PARK ASSOC 634 CARONDELET ST COMMON AREA PO BOX 11597 NEW ORLEANS, LA 70130-3504 ASPEN, CO 81612 VALLEY GROUP LLC WAYNE WILLIAM&MARSHA TRUSTEES WILSON MIA&STEVEN 3001 HILLSBORO RD 1483 BONNYMEDE DR 1465 S LITE AVE BRENTWOOD,TN 37027 SANTA BARBARA, CA 93108 ASPEN, CO 816112813 WILSON THOMAS H WISE HUGH D III & MARY WISE MARY 645 E BLITHEDALE AVE 0252 HEATHER LN 1280 UTE AVE#9 MILL VALLEY, CA 94941 ASPEN, CO 81611 ASPEN, CO 81611 ASIA,.. � -rte :♦ +� AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: tLP �D ! i S{ j Aspen, CO SCHEDULED PU LIC HEARING DATE: 2016 STATE OF COLORADO ) ) ss. County of Pitkin (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 1/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage ':R:prepaid U`S mail to all owners of property within three hundred (300) feet of the •� ;�;property subject to the development application. The names and addresses of ''property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A of the"owners and governmental agencies so noticed is a hed hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners ,shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this.notice requirement. Rez077i77g or text mnendinent. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of naives and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning snap shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice"was acknowledged before me this 1`7 day of--- F- , 201by - --)ia -l. �c c.✓ eel WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE:1450 CRYSTAL LAKE DRIVE-PUD"-: AMENDMENT,GROWTH MANAGEMENT, COMMERCIAL DESIGN AMENDMENT,AND I M commission expires: e SUBDIVISION REVIEWS - y p IV«z -T NOTICE IS HEREBY0p.m.b that a public hearing will be be held on Monday March 9,2015,at ameet \'rVJn[ ►tTJ t mg to begin at 5:00 p.m.before the Aspen City Council,Council Chambers,City Hall,130 S.Gale- na St.,Aspen,to consider an application submitted by the Aspen Club and Spa,LLC,for the property Notary Public located at 1450 Crystal La Road(commonly known as the Aspen Club and Spa),represented ' by Haas Land Planning and Gr uest Managge- KAREN REED PATTERSON ment Company.The applicantis requesting a PUD amendment to remove the subgrade parking ga- rage and relocate'the parking on the site. Theap- plicaht is requesting Growth Management Reviews STATE OF COLORADO to add additional lodge bedrooms to the project. Design changes are proposed to accommodate the NOTARY ID#19964002767 relocated parking and the increased lodge bed- ATTACHMENTS AS APPLICABLE: room count. A Subdivision Review is requested to My C;OR11TI1$Slpp EXQIf@S F@bfUBfY 16r Z��6 accommodate a lot line adjustment between Lots�E PUBLICATION ! 15-A and 15-E. The property is legally.described. as Lots 15A-15E;Callahan Subdivision,City of As- `pen,Pitkin County,Colorado. For father informa..PH OF THE POSTED NOTICE (SIGN) tion,contact Jessica Garrow at the City of Aspen d lCommunity ns St°sP n,,eC,(970Department.. ,jess ra.9 a_F OWNERS AND GOVERNMENTAL A GENCIES NOTICED row O cityofaspen.com. s/Steven Skadron Mavor Aspen City Council 'CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE 20 51i(10955742) Aspen Times on February 19, BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: / //- (VCi . ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ss. County of Pitkin ) 1, o, p��•-� �Gcr-- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days.prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six . (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the _ day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage U.S, mail to all owners of property within three hundred (300) feet of the te-uic; :property subject to the development application. The names and addresses of ry op°-ty-owners shall be those on the current tax records of Pitkin Count as the � r>i=1,�iJs � y than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that . neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach su17177aa7y, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on neat page) Mineral Estate Owner Notice. By the certified mailing,of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PVDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text anzendrnent. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of naives and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The f egoing "Affidavit of Notice"was acknowledged before me this 11 day of .�iGj , 20L5-, by -YtS P�Gt c�7cc�! g..�4 -DMENTTO-No CITY. WITNESS MY HAND AND OFFICIAL SEAL . RE.AMENDMENT TO-THE CITY OF ASPEN -NOTICE IS HEREBY GIVEN that apublic hearing will be held on Monday,March 9,2015 atameet My commission expires: 1�I L�/� -ingto begin-at 5:00 p.m before the AspenCity Council,'Council.Chambers,City Hall,130.S.:Gal e:.. _ cons .ria St:;As pen,to establish an-amendment& o the ll.Y.)[�\ ` � � text of the Land.Uae.Code to,place limitations on lCJ�^6 variations and to establish thePlanning 8 Zoning _ .variations as the Board of Adjustment. For fur ther information,contact Sara Adams at the City of Notary Public Aspen Community Development Department,130 Y S.Galena St.,Aspen,CO,(970)429-2780, — - ;esstoa.garr°w•oityofaspen.°om KAREN REED PATTERSON _9 SteSk ven adronrMayor Aspen City Ci0Unc I . NOTARY PUBLIC Publish in the Aspen Times on February 19, .STATE OF COLORADO 2015 10955753 _I ACHMENTS AS APPLICABLE: NOTARY ID#19964002767 -_—. MY Commission Expires Febrtta 1 S,2018 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3