HomeMy WebLinkAboutLand Use Case.38996 Hwy 82.A061-98
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager
Julie Ann Woods, Acting Community Development Director
FROM:
Christopher Bendon, Planner
RE:
Aspen Country Inn Substantial PUD Amendment, Subdivision
Amendment, and Rezoning -- Second Reading & Public Hearing
DATE:
September 28, 1998
SUMMARY:
The Aspen Country Inn is an affordable housing development approved for 40
residential units. The project was reviewed through the PUD, Subdivision, and
rezoning processes. Subsequent to the approved development order, the final sale
altered the property boundaries. Also, after purchase the applicant realized a
structural complication which requires the western residential wing to be raised by 6
inches (net).
The reduced property size essentially nullifies the project because the building does
not fit within the dimensional requirements established in the PUD process. The
applicant is seeking to alter these dimensional provisions to allow the project to
proceed as it was originally conceived.
The applicant also wishes to improve some of the lower units in the western wing by
creating walk-out areas. These units are to be partially below grade. For this
purpose, the height limit needs to be increased to 31 feet. Although the net height
increase for structural reasons is only 6 inches, the gross is measured from the base of
the walk-out.
The applicant is not proposing any changes to the number of units or to the method in
which they will be allocated.
Staff and the Planning and Zoning Commission recommend City Council
approve this amendment to the Aspen Country Inn PUD, Subdivision and
Rezoning.
ISSUES FROM PRIOR HEARING:
The City Council requested a project update from the applicant. Dave Tolen will
provide an update of the project during the hearing.
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ApPLICANT:
City of Aspen. Represented by the AspeniPitkin County Housing Authority.
LOCATION:
Aspen Country Inn, 38996 Hwy. 82 Gust west of the Pomegranate Inn).
ZONING:
Affordable Housing (AHI-PUD).
LOT SIZE, AREA, FAR, USES:
Approved by Ordinance 16, Series 1997 (attached as Exhibit B).
PREVIOUS ACTION:
The Commission has not previously considered this amendment.
REVIEW PROCEDURE:
Final PUD, Subdivision, and Rezoning. The City Council may approve Final PUD's,
Subdivisions, and Rezoning requests at a public hearing after considering a
recommendation from the Planning and Zoning Commission made at a public
hearing.
BACKGROUND:
The applicant gained PUD approval from City Council by Ordinance 16, Series of
1997. This Ordinance specifically created the dimensional requirements for the
property. The contract for purchase at the time allowed the seller to alter the exact
property boundaries. The seller did alter the boundaries which created several
incongruencies with the approved development plan. Any changes which affect
dimensions can only be approved by the City Council through the final PUD process.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A."
Ordinance 16, Series of 1997, is attached as Exhibit "B."
The application has been included as Exhibit "C."
RECOMMENDATION:
Staff and the Planning and Zoning Commission recommend City Council amend
Ordinance 16, Series 1997, in the following manner:
1. Sections One and Two:
The Official Zone District map shall reflect the correct parcel boundaries and zoning
subsequent to the boundary changes between the Aspen Country Inn (ACI) parcel and
the Maroon Creek Club (MCC). The ACI shall be zoned AH1-PUD. The MCC shall
be zoned Park-PUD. The Community Development Director shall use the final plats
filed by these parties as the basis for determining the parcel and zoning boundaries.
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2. Section Four, Condition # 6:
The language in this condition shall be replaced in total with the following language:
a. Minimum distance between buildings No requirement
b. Maximum height 30' to the peak of the original lobby
area, thirteen (13) feet to the eastern-most edge of the building, and twenty-two (22)
feet to the point twenty (20) feet from the eastern-most edge of the building Thirty
(30) feet for the remainder of the original lobby area. Twenty-four (24) feet
(changedfrom 22') for the East and South residential wings. Thirty-One (31) feet
(changedfropm 22')for the West wing The elevator tower may be twenty-seveft
(27) feet high from finished grade. (changedfrom 22')
c. Minimum front yard 100' (no change)
d. Minimum rear yard 14 ' (changed from 15')
e. Minimum side yard 10' (changed from 25')
f. Minimum lot width As represented on the final plat (no change)
g. Minimum lot area 133,000 square feet (changed from 169,884)
h. Trash access area 10' wide minimum (no change)
t. Internal floor area ratio No requirement (no change)
j. Minimum percent open space 25% (no change)
3. The City Council shall extend the period in which the final plat may be recorded to
180 days after this amendment is approved by the Council. This development order
shall be void after this established time period.
4. The applicant shall install a new fire hydrant, remove or otherwise abandon the
underground fuel storage tank, remove unnecessary and broken light fixtures, and
make the appropriate arrangements for lighting the bus stop as required by the City
Engineer.
5. All material representations made by the applicant in the application and during
public meetings with the Plarming and Zoning Commission and the City Council shall
be adhered to and considered conditions of approval, unless otherwise amended by
other conditions.
RECOMMENDED MOTION:
"I move to adopt Ordinance No. 36, Series of 1998."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments.
Exhibit B -- Ordinance 16, Series of 1997. (previously approved)
Exhibit C -- Development Application.
Exhibit D -- Pending Ordinance 36, Series of 1998.
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EXHIBIT A
STAFF COMMENTS
ACI AMENDMENT #1
STAFF COMMENTS: AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP
In reviewing an amendment to the text of this title or an amendment to the official
zone district map, the Corrnnission and the Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The amendment will correctly assign those zone districts to the appropriate lands.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Staff Finding:
The project was found to be in compliance with the AACP and was approved by
City Council. This amendment does not affect that original finding.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics.
D. The effect of the proposed amendment on trqffic generation and road
safety.
E. Whether and the extent to which the proposed amendment would result
in demands on public facilities, and whether and the extent to which the
proposed amendment would exceed the capacity of such facilities,
including, but not1imited to, transportation facilities, sewagefacilities,
water supply, parks, drainage, schools, and emergency medical
facilities.
F. Whether and the extent to which the proposed amendment would result
in significant adverse impacts on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel
or the surrounding neighborhood which support the proposed
amendment.
Exhibit C - Staff Comments, page 1
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Staff Finding:
No significant changes to the zoning are proposed. The amendment is "cleaning-
up" the Official Zone District Map to reflect the altered property boundaries and
does not affect the provision of public services, the safety of roads, or significant
natural features of the site. The change is necessary to correctly reflect the
amended property boundaries. The change is not in conflict with the public
interest.
STAFF COMMENTS: PLANNED UNIT DEVELOPMENT
The applicant has submitted the appropriate content for public review of this
amendment.
A development application for a PUD must comply with all standards and
requirements for PUD. Because the project is not being altered from its original
conception, other than dimensional requiorements ofthe site, only those criteria
have been included. At the Commission's request, staff can review all of the
criteria for a PUD.
Dimensional Requirements. The dimensional requirements shall be those of the
underlying zone district, provided that variations may be permitted in the
following:
a. Minimum distance between buildings;
b, Maximum height (including view planes);
c. Minimum front yard
d Minimum rear yard
e, Minimum side yard
f. Minimum lot width;
g. Minimum lot area;
h Trash access area;
i. Internal floor area ratio; and
j. Minimum percent open space,
If a variation is permitted in minimum lot area, the area of any lot may
be greater or less than the minimum requirement of the underlying zone
district, provided that the total area of all lots, when averaged, at least
equals the permitted minimum for the zone district. Any variation
permitted shall be clearly indicated on the flnal plat development plan.
Staff Finding:
Dimensional requirements in the AHI-PUD zone district are established via the
PUD process. The applicant is proposing these requirements be established as
follows:
a. Minimum distance between buildings No requirement
b. Maximum height
30' to the peak of the original lobby area, thirteen (13) feet to the
eastern-most edge of the building, and twenty-two (22) feet to the point twenty
Exhibit C - Staff Comments, page 2
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wings. Thirty-One (31) feet (changedfropm 22') for the West wing. The
elevator tower may be twenty-seven (27) feet high from finished grade, (changed
from 22')
c. Minimum front yard
d. Minimum rear yard
e. Minimum side yard
f. Minimum lot width
g. Minimum lot area
h. Trash access area
1. Internal floor area ratio
J. Minimum percent open space
100' (no change)
14 ' (changed from 15')
10' (changed from 25')
As represented on the final plat (no change)
133,000 square feet (changed from 169,884)
10' wide minimum (no change)
No requirement (no change)
25% (no change)
The Council should, as a condition of approval, amend the dimensional
requirements for this parcel as described above. Tl)is language has been included
in the staff memorandum and the proposed Ordinance.
STAFF COMMENTS: SUBDIVISION
A development application for subdivision review shall comply with all
Subdivision standards and requirements. As previously reviewed and approved
by the City Council, the Subdivision will comply with all standards and
requirements
The applicant has prepared a plat for review by the City Engineer. The plat was
prepared in response to Ordinance 16 and shows the amended property
boundaries. No other alterations to the Subdivision are proposed.
Exhibit C - Staff Comments, page 3
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Application for a PUD Amendment
for the
Aspen Country Inn
Submitted by
Aspen/Pitkin County Housing Authority
28 July 1998
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July 23, 1998
Mr. Stan Clauson, Community Development Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: ASPEN COUNTRY INN PUD AMENDMENT
Dear Stan:
Attached please find twenty-one (21) copies of a PUD amendment application requesting
an amendment to the PUD approved on May 5, 1997 for conversion of the Aspen
Country Inn to affordable housing, Five (5) full-sized sets of application drawings are also .
being provided for your use.
Also enclosed is one (1) copy of the following, as requested in the pre-application
meetings:
. A list of the property owners within three hundred (300) feet of the property.
The Housing Authority hereby requests that the City waive the land use application fee for
this project, since it is a 100 percent affordable housing project.
Should you have any questions or need any additional information during the period of
staff review of this application, please feel free to contact me. Thank you for your
department's assistance while this application was being prepared and for your continuing
attention to this pl;oject.
Very truly yours,
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
Dave Tolen, Executive Director
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APPLICATION CONTENTS:
Application for PUD amendment
Exhibits:
1. Dimensional Requirements Form
2, Site Plan with Proposed Modifications
3. Building and Footprint plan with Proposed Modifications
4. Elevations and proposed Heights
5, Landscape Plan Changes .
6. City Ordinance 97-16 Granting Rezoning, PUD, Subdivision, Exemption from
Growth Management
7. Site Locality Map
8, Pre Conference Summary
9. Proof of Ownership and Legal Description
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LAND USE ApPLICATION (')
PROJECT:
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Name:
Location:
(Indicate street address, lot & block number, legal description where appropriate)
ApPLICANT:
Name: ~~~
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Address: ..>o-J
Phone #:
REPRESENTATIVE:
Name:
Address:
Phone #:
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TYPE OF ApPLICATION: (please check all,that apply):
o Conditional Use 0 Conceptual PUD
o Special Review H. Final PUD (& PUD Amendment)
o Design Review Appeal 0 Concepmal SPA
o GMQS Allotment 0 Final SPA (& SPA Amendment)
o GMQS Exemption 0 Subdivision
o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
Lot Split
Lot Line Adjustment
o
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o
Temporary Use
Text/Map Amendment
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o Conceptual Historic Devt.
o Final Historic Development
o Minor Historic Devt.
o Historic Demolition
o Historic Designation
o Small Lodge Conversion!
Expansion
o Other:
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
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PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
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Have you attached the following?
g(Pre-Application Conference Sunnnary
o Attachment #1, Signed Fee Agreement ",~i,~J
EJR,esponse to Attachment #2, Dimensional Requirements Form
E'Response to Attachment #3, Minimum Submission Contents
[kYResponse to Attachment #4, Specific Submission Contents
~sponse to Attachment #5, Review Standards for Your Application
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I. Application Request
This is an application to amend an approved PUD for the Aspen Country Inn (38996
Highway 82; a legal description is attached as Exhibit "A"). The application is being
submitted by the Aspen/Pitkin County Housing Authority (hereinafter, ''the Applicant").
The original approvals for the conversion of the Aspen Country Inn to affordable housing
were granted by City Council on May 5, 1997.
The Applicant intends to remodel the Aspen Country Inn so that it can be occupied as
affordable housing. This will be accomplished by combining the relatively small lodge
rooms within the existing building into larger dwelling units that comply with the
affordable housing guidelines, The applicant proposes to create 4 studio units, 34 one-
bedroom units, and 2 two-bedroom units for a total of forty (40) dwelling units. Priority
shall be given to qualified seniors for between twenty-four and forty of these units.
The Applicant needs to adjust several aspects of the original PUD agreementto meet
changing conditions. These minor changes are outlined in Section III: Review Standards
for An Amendment to an Approved Planned Unit Development (PUD), To illustrate these
changes, this application contains the following drawings:
. Site Plan
. Architectural Elevations; and
. Floor Plans
A pre-application conference was held with representatives of the City on 20 July 1998
(see Pre-Application Conference summary, attached hereto as Exhibit B). Based on this
meeting, it was confirmed that an amendment to the approved PUD was required by the
Aspen Land Use Regulations to complete this project.
- II. Project Description
The subject property was originally part of the Maroon Creek Club subdivision and PUD
that was adopted on July 15, 1993 by Pitkin County Resolution 93-104. According to the
Maroon Creek Clt,lb Final Plat and Subdivision Improvements Agreement, the Aspen
Country Inn was to be demolished. However, during the PUD approval process, the
County authorized the owner to use the Aspen Country Inn as housing for project
construction workers.
The applicant wishes to continue using the Aspen Country Inn as affordable housing, In
pursuit of this goal, the City of Aspen entered into a contract to purchase the Aspen
Country Inn from the Maroon Creek Club during annexation negotiations, In order to
complete the purchase transaction and to allow the Housing Authority to move forward
with re-development, an application for rezoning, PUD, subdivision, GMQS exemption
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and scenic foreground review was submitted by the Aspen/Pitkin County Housing
Authority on February 11, 1997. The application was approved on May 5, 1997 by the
Aspen City Council.
At the time of approval, the Maroon Creek Club retained the right to adjust the property
1l"\ boundaries based on the location of the golf cart path, The subsequent land ourcha~e
UI negotiations resulted in a revised legal description that leaves the ~ite con~iderahly ~m"l1~f
In addition, structural problems with the existing west wing have become apparent since
~pproval, This has resulted in changes to the approved PUD, These changes are
considered substantial and require an amendment
The following section of this application addresses the review standards for an amendment
to an approved Planned Unit Development (PUD).
III. Review Standards for An Amendment to an Approved
Planned Unit Development (PUD)
The following review standards have been affected by changes to the approved PUD:
"2. An increase by greater than three (3) percent in the overall coverage of structures on
the land. "
Response: As part of the purchase agreement with the Maroon Creek Club, the site area
has been reduced significantly, The approved PUD application listed the area of the site as
3.9 acres (169,884 square feet) with 20,160 square feet ofland coverage. According to
the new plat, the site is currentl 3.063 acres or 13 3 424 sue feet While there has been
a slight decrease in the building footprint 19,290 square feet) due to design changes, the
reduction in the site's total land area means that land coverage has increased from 11
percent to 14 percent of the site,
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Since the increase in overall coverage is due to a reduction in the site area and not an
increase in building area, there is no change in the scale of the project or its impact on
surrounding land owners.
The applicant req'fests approval for the new site boundaries and for the increased land
coverage.
"4. A reduction by greater than three (3) percent of the approved open space."
Response: According to the approval ordinance, the required minimum percent open
space is 25 percent of the site or 42,471 square feet. In the proposed design, area
structures, sidewalks and patios, parking and entry road, and the existing access road total
54,130 square feet of the site. Despite the decrease in the overall site area, the total area
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of open space is 78,210 square feet or 59 percent of the site. Therefore no amendment is
requested for open space.
"9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a further variation from the project's
approved use or dimensional requirements. "
There are several changes that are inconsistent with a representation of the project's
original approval. These are illustrated in the attached drawings and are described below.
Setbacks
Due to changes in the property lines, the site no longer fits within the approved setbacks
outlined in the PUD in three locations. The approved rear yard distance is fifteen (15)
feet. At the eastern edge of the East wing, the rear yard measures fourteen (14) feet and
six (6) inches. The approved side yard setback is twenty-five (25) feet. At the southern
end of the South wing, the side yard measures fourteen (14) feet and ten (10) inches, On
the west side of the lot, the dumpster enclosure is within the twenty-five (25) foot required
setback
The setback changes are minor and are acceptable to the adjoining property owner, the
Maroon Creek Club. Berms along this property line will offset visual impact of the
narrower boundary. The dumpster enclosure (8'L x 10'W x 8 1/2 H) is located five (5)
feet from the comer of the stairwell, and 14 feet from the closest unit. The enclosure will
also be eleven (11) feet from the existing property line,
r The applicant requests a rear yard setback change to fourteen (14) feet and a side yard
Vback often (10) feet.
Building footorint
The approved building footprint was 20,160 square feet. The new building footprint will
decrease to 19,290 square feet. This change is due to a reconfiguration of the building.
In the new design, the pyramid roof and the existing common area located in the lobby will
remain. Retaining the pyramid roof, designed by Fritz Benedict, will address neighbor
concerns about th~ accepted design. The pyramid shape will break up the straight lines of
the square buildings. In addition to its architectural advantages, retaining the lobby area
will provide a space for residents to congregate informally and hold events.
While examining the building, it was determined that the west wing lacked structural
integrity. This entire wing will be demolished and replaced. The new building will fit
almost exactly into the footprint of the existing building. '
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Floor area
According to the approved proposal, the floor area for the building was 42,350 square
feet, Under the new plan, the floor area is 41,795 square feet There is no proposed
increase in floor area.
During design, it was deternllned that the east wing would not support a second story. To
offset the loss of space, the South wing, which is already two stories on the east side, will
have a second floor added to the west side,
The Applicant requests approval of these floor are~ and structural changes,
Height
The original approval allowed a maximum height of thirty (30) feet to the peak of the
original lobby area, eleven (11) feet to the eastern-most edge of the building, and twenty-
two (22) feet to the point twenty (20) feet from the eastern-most edge of the building.
Additional height requirements were thirty (30) feet for the remainder of the original lobby
, area, and twenty-two (22) feet for all other residential wings. Qlanl1eg to th", F.ot .nn
South wings do not result in any change the aQProved height requirements. -..
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On the West wing of the building, a seven (7) foot deep excavation on the front of the
building will provide more light and better access to the bottom floor apartments.
Measuring from the base of this excavation will produce a total height of thirty (30) feet
eight (8) inches for most of the building. In addition, we needed to install an elevator shaft
for accessiblity. Measuring from surface, this creates a roof height of twenty-seven (27) in
the area of the elevator shaft. Since the approved height limit for this building is twenty-
two (22) feet from surface, these heights will exceed the approved maximum height by
eight (8) inches and four (4) feet respectively. Neither roofline is within the line of sight
for residents of the Pomegranate Condos. The highest part of this wing, the elevator
shaft, will not be visible behind the lobby pyramid. The height change in the West Wing
results in an actual change, as measured from ground level, of an additional eight inches.
This is a result of deeper floor joists in the first and second floors.
The Applicant requests that maximum height for the west wing be restricted to twenty-
seven (27) feet for the elevator shaft,measured from ground level adjacent to the elevator,
and thirty-one (31) feet for the rest of this wing, measured form the area excavated in
front of the wing. :
Landscaping
The landscaping originally depicted in the earlier site plan has been modified to decrease
the amount of impervious surface. Under the old plan, the entire area between the two
buildings was covered with brick and sidewalks lined the parking lot Under the new plan,
several changes will be made. Six (6) foot wide sidewalks will run along the front of the
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East wing of the building. This alignment will provide quicker access to the building's
interior" Instead of covering the entire area between the wings with an impervious brick
surface, an eight (8) foot sidewalk will be placed on the west side of the open space to
provide access to the west wing,
In addition, plantings will be placed between spots, 36 and 37 to break up the parking lot
mass, A second space for a dumpster and turn around for a dump truck will also be placed
atthe east end of the parking lot Snow storage will remain at the west end of the parking
lot
The Applicant requests approval of these landscaping changes.
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
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ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
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(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
defmition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
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Proposed:
Proposed:
Proposed:
Proposed % of demolition (Historic properties only): N/A
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DIMENSIONS:
Floor Area: Existing:. /.J ~, 35"0 Allowable:
Principal bldg. height: Existing: .... ...j,.I,., Allowable:
Access. bldg. height: Existing: 1-J/Fr Allowable:
On-Site parking: Existing: JlS Required:
% Site coverage: Existing: /1"1", Required:
% Open Space: Existing: Z,;"'~ Required:
Front Setback: Existing: /00 Required:
Rear Setback: Existing: /S" Required:
Combined FIR: Existing: Required:
Side Setback: Existing: :z~ Required:
Side Setback: Existing: Required:
Combined Si~es: Existing: Required:
Proposed: 1.11,79S'
Proposed: s... "'..,\",.
Proposed: IV / ,...
Proposed: '-1:3
Proposed: I '" "70
Proposed: ,:>9 '7.
Proposed: IDa
Proposed: /1./
Proposed:
Proposed: / 0
Proposed:
Proposed:
Existing non-conformities or encroachments: IJ A
Variations requested:
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MEMORANDUM
THRU:
Mayor and City Council
Stan Clauson, Community Development DirectoW
Christopher Bendon, Planner ~ '
Aspen Country Inn Substantial PUD Amendment, Subdivision
Amendment, and Rezoning -- First Reading
TO:
FROM:
RE:
DATE:
August 24, 1998
SUMMARY:
The Aspen Country Inn is an affordable housing development approved for 40
residential units. The project was reviewed through the PUD, Subdivision, and
rezoning processes. Subsequent to the approved development order, the final sale
altered the property boundaries. Also, after purchase the applicant realized a
structural complication which requires the western residential wing to be raised by 6
inches (net).
The reduced property size essentially nullifies the project because the building does
not fit within the dimensional requirements established in the PUD process. The
applicant is seeking to alter these dimensional provisions to allow the project to
proceed as it was originally conceived.
The applicant also wishes to improve some of the lower units in the western wing by
creating walk-out areas. These units are to be partially below grade. For this
purpose, the height limit needs to be increased to 31 feet. Although the net height
increase for structural reasons is only 6 inches, the gross is measured from the bottom
ofthe walk-out.
The applicant is not proposing any changes to the number of units or to the method in
which they will be allocated.
Staff and the Planning and Zoning Commission recommend City Council
approve this amendment to the Aspen Country Inn PUD, Subdivision and
Rezoning.
APPLICANT:
City of Aspen. Represented by Dave Tolen, Aspen/Pitkin County Housing Authority.
LOCATION:
Aspen Country Inn, 38996 Hwy. 82 Gust west ofthe Pomegranate Inn).
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ZONING:
Affordable Housing (AHI-PUD).
LOT SIZE, AREA, FAR, USES:
Approved by Ordinance 16, Series 1997 (attached as Exhibit C).
PREVIOUS ACTION:
The Commission has not previously considered this amendment.
REVIEW PROCEDURE:
Final PUD, Subdivision, and Rezoning. The City Council may approve Final PUD's,
Subdivisions, and Rezoning requests at a public hearing after considering a
recommendation from the Planning and Zoning Commission made at a public
hearing.
BACKGROUND:
The applicant gained PUD approval from CityCouncil by Ordinance 16, series of
1997. This Ordinance specifically created the dimensional requirements for the
property. The contract for purchase at the time allowed the seller to alter the exact
property boundaries. The seller did alter the boundaries which created several
incongruencies with the approved development plan. Any changes which affect
dimensions can only be approved by the City Council through the final PUD process.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A."
Ordinance 16, 1997, is attached as Exhibit "B."
The application has been included as Exhibit "C."
RECOMMENDATION:
Staff and the Planning and Zoning Commission recommend City Council amend
Ordinance 16, series 1997, in the following manner:
1. Sections One and Two:
The Official Zone District map shall reflect the correct parcel boundaries and zoning
subsequent to the boundary changes between the Aspen Country Inn (ACI) parcel and
the Maroon Creek Club (MCC). The ACI shall be zoned AHI-PUD. The MCC shall
be zoned Park-PUD. The Community Development Director shall use the final plats
filed by these parties as the basis for determining the parcel and zoning boundaries.
2. Section Four, Condition # 6:
The language in this condition shall be replaced in total with the following language:
a. Minimum distance between buildings No requirement
b. Maximum height 30' to the peak of the original lobby
area, thirteen (13) feet to the eastern-most edge of the building, and twenty-two (22)
feet to the point twenty (20) feetfrom the eastern-most edge of the building. Thirty
(30) feet for the remainder of the original lobby area. Twenty-three (23) feet for the
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East and South residential wings. Thirty-One (31) feetfor the West wing. The
elevator tower may be Twenty-seven (27) feet highfrom.finished grade.
c. Minimum front yard 100'
d. Minimum rear yard 14'
e. Minimum side yard 10'
f. Minimum lot width As represented on the .final plat
g. Minimum lot area 133,000 square feet
h. Trash access area 10' wide minimum
1. Internal floor area ratio No requirement
J. Minimum percent open space 25%
3. The City Council shall extend the period in which the final plat may be recorded to
180 days after this amendment is approved by the Council. This development order
shall be void after this established time period.
4. The applicant shall install a new fire hydrant, remove or otherwise abandon the
underground fuel storage tank, remove unnecessary and broken light fixtures, and
make the appropriate arrangements for lighting the bus stop as required by the City
Engineer.
5. All material representations made by the applicant in the application and during
public meetings with the Planning and Zoning Commission and the City Council shall
be adhered to and considered conditions of approval, unless otherwise amended by
other conditions.
RECOMMENDED MOTION:
"I move to approve Ordinace No. ~ upon first reading."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Connnents.
Exhibit B -~ Ordinance 16, series 1997.
Exhibit C -- Development Application.
3
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission /:1[ /
Stan Clauson, Community Development Directr~
Christopher Bendon, Planner ~
Aspen Country Inn Substantial PUD Amendment, Subdivision
Amendment, and Rezoning -- Public Hearing
THRU:
FROM:
RE:
DATE:
August 18, 1998
SUMMARY:
The Aspen Country Inn is an affordable housing development approved for 40
residential units. The project was reviewed through the PUD, Subdivision, and
rezoning processes. Subsequent to the approved development order, the final sale
altered the property boundaries. Also, after purchase the applicant realized a
structural complication which requires the western residential wing to be raised by 8
inches ( net).
The reduced property size essentially nullifies the project because the building does
not fit within the dimensional requirements established in the PUD process. The
applicant is seeking to alter these dimensional provision to allow the project to
proceed as it was originally conceived.
The applicant also wishes to improve some of the lower units in the western wing.
These units are to be partially below grade. For this purpose, the height limit needs to
be increased to 31 feet. Although the net height increase for structural reasons is only
8 inches, the gross is measured from the bottom ofthe landing.
The applicant is not proposing any changes to the number of units or to the method in
which they will be allocated.
Staff recommends the Planning and Zoning Commission recommend City
Council approve this amendment to the Aspen Country Inn PUD, Subdivision
and Rezoning.
APPLICANT:
City of Aspen. Represented by Dave Tolen, AspeniPitkin County Housing Authority.
LOCATION:
Aspen Country Inn, 38996 Hwy. 82 Gust west of the Pomegranate Inn).
ZONING:
Affordable Housing (AHl-PUD).
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LOT SIZE, AREA, FAR, USES:
Approved by Ordinance 16, Series 1997 (attached as Exhibit C).
PREVIOUS ACTION:
The Commission has not previously considered this amendment.
REVIEW PROCEDURE:
Final PUD, Subdivision, and Rezoning. The City Council may approve Final PUD's,
Subdivisions, and Rezoning requests at a public hearing after considering a
recommendation from the Planning and Zoning Commission made at a public
hearing.
BACKGROUND:
The applicant gained PUD approval from City Council by Ordinance 16, series of
1997. This Ordinance specifically created the dimensional requirements for the
property. The contract for purchase at the time allowed the seller to alter the exact
property boundaries. The seller did alter the boundaries which created several
incongruencies with the approved development plan. Any changes which affect
dimensions can only be approved by the City Council through the final PUDprocess.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A."
Agency referral comments have been included as Exhibit "B."
Ordinance 16 is attached as Exhibit "C."
The application has be~n included as Exhibit "D."
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission recommend City Council
amend Ordinance 16, series 1997, in the following manner:
1. Sections One and Two:
The Official Zone District map shall be amended to reflect the correct zoning
subsequent to the boundary changes between the Aspen Country Iun (ACI) parcel and
the Maroon Creek Club (MCC). The ACI shall be zoned AHl-PUD. The MCC shall
be zoned Park-PUD. The Community Development Director shall use the final plats
filed by these parties as the basis for determining the zoning boundaries.
2. Section Four, Condition # 6:
The language in this section shall be replaced in total with the following language:
a. Minimum distance between buildings No requirement _____ A
b. Maximum height ~
30' to the peak of the original lobby area, eleven (J 1) feet to the eastern-
most edge of the building, and twenty-two (22) feet to the point twenty (20) feet from
the eastern-most edge of the building Thirty (30) feetfor the remainder of the
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original lobby area. Twenty-two (22) feet for the East and South residential wings,
Thirty-One (31) feetfor the West wing. The elevator tower may be Twenty-seven
(27) feet high from finished grade,
c. Minimum front yard 100'
d. Minimum rear yard 14 '
e. Minimum side yard 10'
f. Minimum lot width As represented on the final plat
g. Minimum lot area 133,000 square feet
h. Trash access area 10' wide minimum
Internal floor area ratio No requirement
J. Minimum percent open space 25%
"......,
i.
3. The City Council shall extend the period in which the final plat may be recorded to
180 days after this amendment is approved by the Council. This development order
shall be void after this established time period.
4. The applicant shall install a new fire hydrant, remove or otherwise abandon the
underground fuel storage tank, remove unnecessary and broken light fixtures, and
make the appropriate arrangements for lighting the bus stop as required by the City
Engineer.
5. All material representations made by the applicant in the application and during
public meetings with the Plarming and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to recommend City Council approve the amendment to the Planned Unit
Development, Subdivision, and Rezoning of the Aspen Country Iun with the
conditions outlined in the C, ommunity Development Department memo dated August
18,1998~1~ ~ reol .{ ~o~'.e__6L.
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Referral Agency Comments
Exhibit C Ordinance 16, series 1997
Exhibit D -- Development Application
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DRAFT
MEMORANDUM
To:
Chris Bendon, Project Planner
Thru:
Nick Adeh, City Engineer
From:
Ross C. Soderstrom, Project Engineer
Date:
August 10, 1998
Re:
Aspen Country Inn PUD Amendment Review
Physical Address:
Legal Description:
38996 Highway 82, City of Aspen, CO
Part of Parcel B, Maroon Creek Club Subdivision, City of Aspen, CO
[Sec. 11, nos, R85W]
xxxx-xxx-xx-xxx
Parcel ID No.:
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
1. Changes in Conditions: If the proposed use, density, or timing of construction of the
project change, or the site, grading, drainage, parking or utility plans for this project change subsequent to
this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re-
evaluation. The discussion and recommendations given in this memorandum apply to the application and
plans (received June 8, 1998) provided for this review and such comments and recommendations may
change in response to changes in the use, density, or timing of the construction of the project, or changes in
the site, grading, drainage, parking or utility designs.
The applicant will be required to complete the standard requirements and conditions associated with the
form(s) of development requested in the application.
2. Recordation' of Revised Subdivision Plat:
The revised subdivision plat for Parcel "B" of the Maroon Creek Club Subdivision needs to be recorded as
the earliest possible time to bring the prior approvals into the public record and the Pitkin County
Assessor's records. The property on which this development is proposed presently appears to be part of
Parcel "B", the golf course parcel, and does not appear to exist as a legal lot or parcel unto itself. The
property containing the Aspen Country Inn must be created as a lot or parcel prior to issuance of any
building permits,
3. Bicycle Trail: The Parks Department requests that the 10 ft wide bicycle easement be widened to
14 ft in width and that the alignment be field verified to better fit the proposed site plan and to minimize
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DRCM2498,DOC
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Memo: Aspen Country Inn PUD Amenament Review
DRAFT
Conflicts with vehicular traffic at the entrance to the development. Since the bicycle trail is intended to
serve as a commuter route the wider trail width is safer and more functional.
4. Tree Permit: The applicant need to request a tree removal permit from the City Parks
Department and mitigate impacts to existing trees that are removed or damaged. The site plan appears to
include sufficient areas to mitigate/replace trees scheduled for removal.
5. Fire Hydrant: The owner should schedule replacement of the existing Pacific State fire hydrant
located on the property in front of the east wing with a Mueller fire hydrant through the City Water Dept.
1:;
6. Aspen Consolidated Sanitation District: The owner will need to verifY with the District
the condition of the existing sanitary sewer service to the property and comply with the normal standards
for additional services.
7. Bus Stop Lighting: Holy Cross Energy Association previously disconnected and removed the
street light which was formerly located near the bus shelter on the highway in front of the property, The
applicant should make arrangements to provide lighting (fixture, if needed, and electrical power) for the
bus stop. (The property is in the Holy Cross Energy Assoc. service area.)
8. Underground Storage Tank: The underground storage tank located at the northeast corner of
, the property (and partially on the Pomegranate Condominium property to the east) should be properly
removed or abandoned in place as required by state and city standards. To protect the property owners the
proper documentation should be completed and filed with the appropriate state offices and the county
Environmental Health Dept.
9. Landscape Lighting: The unused and broken landscape lighting fixtures and associated
electrical circuits located in the landscaped area in the highway right-of-way should be removed.
10. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the property under an
assessment formula. The agreement would be executed and recorded prior to the issuance of a building
permit.
10. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to
the AspenlPitkin County Information Services Dept. as-builts drawings for the project showing the property
lines, building footprint, easements, encroachments, entry points for utilities entering the property
boundaries and any other improvements.
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DRCM2498,DOC
DRAFT
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Memo: Aspen Country Inn PUD Amenument Review
DRAFT
11. Work in the Public Rights-of-Way: Given the continuous problems of unapproved work and
development in public rights-of-way and easements, we advise the applicant as follows:
The applicant must receive approval from: City Engineering (920-5080) for design
of improvements, including landscaping and grading, within public rights-of-way;
Parks Department (920-5120) for vegetation species and placement, and irrigation
systems; Streets Department (920-5130) for mailboxes, street and alley cuts; and
shall obtain permits for any work or development, including landscaping, within
public rights-of-way from the City Community Development Department (920-5090).
DRC Meetin2' Attendees:
Applicant: Dave Tolen and Lee Novak, Pitkin County Housing Office
Staff & Referral Agencies: Chris Bendon, Ross Soderstrom, Rebecca Schickling, Bill Earley, Tom
Bracewell
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DRCM2498,DOC
DRAFT
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CITY OF ASPEN
PRE-APPLlCA rlON CONFERENCE SUMMARY
PLANNER:
Chris Bendon, 920.5072
DATE: 7.20.98
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
Aspen Country Inn PUD Amendment # I
Dave Tolen, Terry Kappeli - APCHA
APCHA
2 step
Substantial amendment to an approved PUD, Subdivision
land Use Code Section(s)
26.84 Planned Unit Development - Final
26.88 Subdivision - Re-plat
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
Planning and Zoning, City Council
Yes, P&Z and Council. Applicant must post property and mail notice at least 10 days prior to
hearing, or at least 15 days prior to the public hearing if any federal agency, state, county,
municipal government, school, service district or other governmental or quasi-governmental
agency owns property within three hundred (300) feet of the property subject to the development
application. Applicant will need to provide proof of posting and mailing with a affidavit at the
public hearing.
Engineering, Parks, Zoning
Planning Deposit Major ($2,160)
Engineering, Minor ($110);
$2,270 (additional hours are billed at a rate of$180/hour)
Review by:
Public Hearing:
To apply, submit the following information:
1, Proof of ownership
2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development,Application.
5. Total deposit for review. ofthe application
6. 20 Copies of the c~mplete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = I/ea.; Planning Staff = I
7, An 8 112" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document,) Proposed Plat.
9. Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above.
10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
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11. List of adjacent property owners within 300' for public hearing.
12. Copies of prior approvals. Copy ofFinaIPUD Ordinance (included)
Disclaimer:
The foregoing swnniary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a
legal or vested right.
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THE CITY OF ASPEN
February 2, 2000
, Aspen School District
0199 High School Road
Aspen, CO 81611
Gentlemen
The City of Aspen Council has scheduled a public liearing Monday, March 13, 2000
at 5:00 p.m. in the City Council Chambers, on the Aspen Highlands Village anrtexation,
The purpose of the hearing is to determine and make a fmding whether the area
proposed for annexation is eligiBle for annexation. Please call the City Clerk's office at 920- .
,5060 ifyciu have any questions. -
Sincerely
Kathryn S. Koch
City Clerk
Enclosure
Resolution #7, 2000
petition for Annexation
By certified mail
130 SoUTH GALENA STREET' ASPEN, COLORADO 81611-1975 . PHONE 970.920.5000 . FAX 970.920.5197
PrinledonRecydcdP;lper
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County of Pitkin 1
l
StllteofColorado 1
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Attachment 8
AFI<1DA VIT OF NOTICE PUR"iUANT
TO ASPEN LAND USE REGULATIONS
SECTION 26.52.060(E)
[, -/€Rft.y K"'(',rj~jl' , being orreprescnting an
AppliC<lllt to the City of Aspen, pec80nally urtify that I have complied with the public notice
requirements pursuant 10 Section 26.52.06O(E) of the Aspen Municipal COOl.' in the following
manner:
I. By mailingoflll1tlce, a copy of which is attached hereto, by first..dass postage prepaid U.S.
Mail to all o,""ners of property within three hundred (300) feet of the ~uhject pnlperty, as indicated
onlhealtached\ist,onthe~dayof~I99A(whichis~Odayspriortothepublic
hearing date of q;.J8-~? ).
2. By posting a sign in a c'onspicuousplace on the subject property (as it could be sccnfrom
the nearest public way) and that the said sign was posted and visible continuously from the'l!!:day
Of~l99~,tothe2tdaYOf ~. ,199E:>. (Must 00 posted for at least
ten(10)fulldaysbeforethehearingdale).Aphotographllfthe~tedsignisattachedhercto.
1-
-
-;E:; '41~
Signatur
Signedbeforemethis~ayof~.
199 t>. b). ~
i.2Hj ~',
I
WITNESS MY HAl-in AND OFFICIAL SF.AL-~
j ,,/0,.'.
M mmis.on(2t'r: -;U-O(~,~S~~~.,
,:;;' """'-,,""'. "~-; ,-'
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PUBUC NOTICE
RE: ASPEN COUNTRY INN REZONING, SUBSTANTIAL PUD AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 28,
1998 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 appiication submitted by The AspenlPitkin Housing
Authority requesting a substantial amendment to the approved Planned Unit Development for Lot
Line Adjustments affecting the property size and dimenSional requirements. All other aspects of the
approved PUD "ill remain the same. The property is located at 38996 Highway 82. For further
information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130
S. Galena St., Aspen, CO (970) 920-5072.
sl.John Bennett. Mavor
Aspen City Council
Published in the Aspen Times on September 12, 1998
City of Aspen Account
-
ZQ.UNIi19SEI'HT
90QS1AG1CRD
ASPEi{C0816IJ
ORWlCK DANA B
6004 WINNEGAGO RD
BETHESDA. MD 20816
REISINGER DEBORAH & EDWARD
POBOX 11127 I
ASPEN,COSI612
HEDRJCI! VIRGINtA E TRUST('W%)
1240THORNAPI'LELN
NORTHBROOK, lL 60062
WILLIAMS GENEVIEVE LEE
299PJLLMORE
DENVER,COS0206
GARRETTGLORJA
PO BO>:: 8441
ASJ'EN, CO 81612-8441
fALCONE LEONE J
II GREENBAYRD
LAKEBLUFF,IL60044
00
MAROON CREEK LLC
10 CLUB CIRCLE
ASPEN,C081611
ro.
CITY OF ASPEN
130S GALENA ST
ASPEN,C081611
STANFORD BARBARA MOORE
POBOXIJI
ASPEN,C0816l2
ANDERSON GREGG R
POBOX3Sg
ASPEN,C081611
WALHARTREALTYCO
CIO WALLEN WILLlAM L IV
POBOX2484
ASPEN,c68161~
NICHOLSON JOHN J
CIO GUlLD MGMT CORP
9911 WPICOBLVDPENTHOUSEIIA
LOS ANGELES, CA 9003 5
WlLLlAMSGINNYL
160 CHERRY ST
DENVER,C080220
EASTON EDWARD W
300 GRECO AVE
CORAL GABLES, FL33146
("
DIAMOND SARAH JEAN
PO BO;\(4627
ASPEN, CO S16!2
PITKIN EXCHANGE HOLDINGS OF
ASPEN LLC
60IEHOPK!NSAVE
ASPEN, CO 81611
ALBERTA TRUST
1301 THOMAS PL
FORTWORTH, TX 76107
POMEGRANATE DEVELOP CO
CJO WALLEN KA THLEp'
S6-9S.0MERION
LA QUINTA, CA92253_jim
BARTHOLOW TED 0 & CYNTHIA B
3837 CAR,UTH BLVD
DALLAS, TX 75225
HEDRICH JON P & MEREDITH N
1240 THORNA~PLE LN
NORTHBROOJ<pL 60062
Pu/;/,o
"'"
IM,,~ ~I- -b ~ rprz
i.!lI y;rc,
""'
n
PUBLIC NOTICE
RE; ASPEN COUNTRY INNREZONING, SUBSTANTIAL PUD AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 28,
1998 at a meeting to begin at 5:00 p.m. before the Aspen City C01.lllCil, Co\Wcil Chambers, City
Hall, 130 S. Galena St., AspeJl, to consider an appliC3tion submitted by The Aspen/Pitkirt Housing
Authority requesting a suJ:lstaIltiaI amendment to the 8pprOved Planned Unit Development for Lot
Line Adjustments affecting the property size and dimensional requirements. All other aspects ofllie
approved pun will remain the same. The property is located at 38996 Highway 82. For further
infonnation. contact Chris Bendan at the Aspen/Pitkin Conununity Development Department, 130
S. Galena St., Aspen, CO (970) 920-5072-
sl.lohnBennett."Mavor
Aspen City Council
Published in the Aspen Times on September 12, 1998
City of Aspen Account
r-"
Housing Office
City of Aspen/Pitkin County
530 East Main Street, Lower Level
Aspen. Colorado 81611
(970)920-5050
Fa:<: (970) 920-5580
MEMORANDUM
-
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TO:
stlfti'-€hm~'ColPmuuity Devdopmeut Director
StepllaD Kiulipe, Chid' Building Official
CC: Sara Tbomas, Zoning omeN
~u;
;;99B
',-
-',)'.:0\0
FROM: Teny Kappdi, Director of Property Manllgemeut
RE: A5pen Country Ion Request for DeiDolition Permit
DATE: August 25,1998
SUMMARY: The A5peu COIintry mil iun affordable housing demopmeut wbich
has lIeen approVed throaghPUD,subdivisjon and rezoning proeesses. SuMeqnent to
the approval, tbetioaJ sale allowed tlteseUN to adjust the property boondllries
resulting in a PUD ameudment request for dimension" revisions. Webave not
requested to clia~ tllenulDber ofuoiti.but have encountered iltruetnraJ
complication. wbieh wWrequire us to demolisb tlte eutir:e Weilt wing along with the
original demolition of the old kitchen prep area and part of tbe front desk area.
Planlling MId Zoniug has- llPproved the- mmeu.ioull1ll1nendmeot to the PUD. City
COI,I.,m bas also granted approval at ftrStJ'Cadingby CODSCDt Ageoda August 24,
1998. City Cooneilserond rtadiRgiucheduled for SeptemberZ8, 1998. Wewollld ;] ='i
like to,request tbatyou issuc a demolition permit as soon as possibJe prior to -- iJ!;h .J
Couocil second reading so that WellUlY get ajllmp oil tbewinter season. The it- ff1/'11f '
Federalfunding available to thisprojtcl Rquirestkllt we conform to timeftames Ifnt'1i,1MJ
that llre enrreody very tight. r 1/ "
, !N;av
The final plllt is in preparatioD.to bepI'eS-eDted ttleogioeering iJleanjuaeticlD with
Maroon: Creek 000 and the P(imegtaJUte pl.tsat wbkb tiD1e'IVe WiJlbe submitting
fmal construction drawings {or permits Wonnve proceed beyood .the demo phase.
Thankyollfor yenr consideration with this request.
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