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HomeMy WebLinkAboutLand Use Case.835 W Main St.A035-02 t"'"'\ ""~_.. ,:;, CASE NUMBER PARCEL ill # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A035-02 2735-123-08004 Bavarian PUD Amendment 835 W. Main St. Joyce Ohlson PUD Amendment Bavarian Inn Affordable Housing Inc. Sunny Vann 12/03/02 RESO 33-2002 APPROVED 12/06/02 D DRISCOLL t""1 ~ , ".''"'C f', r";pnSf"Y'cvl ~ cou""1 ;j.,..,.........,..... .. RESOLUTIONNO.::l3 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PJ:.ANNING ANDZQNING, ' COMMISSION APPROVING. AN INSUB"., S. TANTIAL AMENDMENT TO"T,HE, BAVARIAN INN AFFORDABLE HOUSING PLANNEDU, NIT DEVEL()Pl\1E"N,. l' T, 0, ALLOWFOR A CHANGE IN-TH~A1iCfrtI'~CTtrM6FTHE'StRlJCTiiRES ON PARCEL 2 AND THE DUPLEXSTRV<::TlJRE9;r.l'AIi'f:::EJ:,1,CITY OF ASPEN, PITKIN COUNTY, COLORADO: ,., WHEREAS, the Community Development Department received an application from the Four Peaks D'evelopment, LLC, represented by Sunny Vann of Vann Associates, LLC, for an Insubstantial Amendment to the Bavarian Inn Affordable Housing Planned Unit Development (PUD) to allow for a change to the architecture of the structures on Parcel 2 and the duplex structure on Parcel}; and, WHEREAS, pursuant to Sections 26.445, the Planning ahdZoningCommission may approve an Insubstantial Amendment to an approved Planned Unit Development, during a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Staff, and recommendations from relevant referral agencies; WHEREAS, the Community Development Department reviewed the request for an insubstantial amendment to the Bavarian Inn Affordable Housing PUD to allow for a ,change in architecture and recommended approval of the amendment; and, WHEREAS, the Aspen 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 Department, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission 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 Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, during a duly noticed public hearing on December 3, 2002,the Planning and Zoning Commission approved, by a five. to zero (5 - 0) vote, an Insubstantial Amendment to the Bavarian Inn Affordable Housing Planned Unit Development for the purpose of allowing a change to the architecture to the structures on Parcel 2 and to the duplex on Parcell. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: l Section 1 ( Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Insubstantial Amendment to the Bavarian Inn Affordable Housing SubdivisionIPUD forthe () purpose of allowing a change to the architecture of the structures on Parcel 2 and to the duplex structure only on Parcell, is approved. , Section 2: The following conditions apply to this approvaL I. Within 60 days of this approval the applicant shall suiJI1l1r{o;r~co;clatioi1'" purposes the revised Bavarian Inn SubdivisionIPUD plans reflecting this insubstantial amendment to the Community'Development Department. 2. The provisions of City Council Ordinance No. 21, Series of 2001, approving the Final Bavarian Inn Subdivision/PUD, in particular, Section 2 (2) having to do with dimensional requirements, shall remain in full force and effect and are not altered by this PUD amendment. Section 3: This Resolution shall not effect any existing litigation and shall not operate as art abatement of any action or proceeding now pending under or by virtue of the ordiflanc~s repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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 shal! be deemed a separate, distinct and independent provision and shal! not affect the validity of the remaining portions thereof. Approved by the Commission by a vote of six to zero (6-0) at its regular meeting on December 3, 2002. APPROVED AS TO FORM: PLANNING AND ZONINGCOMMrSSION: n~Dt City Attorney dcv~ Jasmine Tygre, Chair ATTEST: 2 Ii r) ~ ,"! ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: h4V4~/4/ /A,/H /t'/? . , Aspen, CO SCHEDULED PlTBLIC HEARING DATE: .200-2 STATE OF COLORADO ) ) 55. County of Pitkin ) I, ~N,.vY" V-1-</~ (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) ? prior to the public hearing. A copy of the publication is attached hereto. L 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 ofletters not less than one inch in height. Said notice was posted at least fifteen. U 5) days priOi' cO the l;'ublic hearing and was continuously visible from the./~ day of NNe-/~ , 200Z-, 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 prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-gov'ernmental agency that owns 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. (continued on next page) - --. --- '---"'--'~',",... .....~-, - ._._.=-=,...,,,~""'~~. ~ '(. " n ATTACHMENT 7 AFFlDA VIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~4/\44'</ /A/-c/ /2"/5 / , Aspen, CO .200 '2 SCHEDULED PUBLIC HEARING DATI:: STATE OF COLORADO ) ) 55. County of Pitkin ) I, ~~ &-A>~/c:::::::ij (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 follovring 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 ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and induding 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 Departrrie!lt, 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 prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental Or quasi-governmental agency that owns property vrithin 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. (continued on next page) ~~ ,~>'" 11 n , Rezoning or te.,t 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 has been 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 ~OWledged before me tfrip;?tt"ay of IlJfJlI€fn Iau ,2002., by C ~,ei.5 C<!./(/d , ( WITNESS MY HAND AND OFFICIAL SEAL ~ission expires: . ill rd - (!j)u VlilAAa Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE O\VNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL f""'\ n PUBLIC NOTICE RE: PARCEL 1 AND PARCEL2 OF THE BAYNlIAN INN ~l!PIlIVISIQNlPUDF'OR AN AMENDMENT TO THE APPROVED PUD PLAN NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 3, 2002, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, 130 S. Galena Street, to consider an application submitted by Four Peaks Development, LLC on behalf of the owner, Bavarian Affordable Housing, LLC, requesting approval of a PUD Amendment to the approved Bavarian Inn SubdivisionIPUD. The request is for revisions to the architecture of the structures. The properties are located between 7th Street and 8th Street and West Bleeker and Main Streets. For further information, contact Joyce A. Ohlson at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5062, iovceo@ci.aspen.co.us. S/Jasmine Tvl!:re. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 16, 2002 City of Aspen Account 715 W MAIN LLC 715 W MAIN ST STE #201 ASPEN, CO 81611 ANZALONE GRACE E PO BOX 3808 ASPEN, CO 81612 BERGER BRUCE NICOLAS PO BOX 482 ASPEN. CO 81612 BREIDENBACH WARREN C #4 WOLF PEN LN PROSPECT, KY 40059 BRUFF SHERLYNNE GUEST 100 N 8TH ST #30 ASPEN, CO 81611 BUTLER MARIE 814 W BLEEKER #C-4 ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 DACOSTA MAUREEN C PO BOX I ASPEN, CO 81612 DRAKE LENIR 100 N 8TH ST UNIT 26 ASPEN, CO 81611-3152 FATTAHI AMENEH AS TRUSTEE PO BOX 8080 ASPEN, CO 81612 (\ ANDERSON JULIE K PO BOX 5153 SNOWMASS VilLAGE, CO 81615 ASPEN SQUARE CONDOMINIUM ASSOC 617 E COOPER AVE ASPENo CO 81611 BODURTHA SUSAN M 719 W MAIN ST #206 ASPEN, CO 81611 BRINKMEYER THOMAS K PO BOX 9022 ASPEN. CO 81612 BRUNT FAMILY LP PO BOX 304937 107-9B ESTATE CONTACT ST THOMAS. VI 00803 CHRISTIAN SCIENCE SOCIETY ASPEN/SNOWMASS INC 734 W MAIN ST ASPEN. CO 81611 COHEN RICHARD A & ELIZABETH A PO BOX 1806 ASPEN, CO 81612 DAILY KIMBERLY DAWN 814 W BLEEKER PL E2 ASPEN, CO 81611 EICHNER SAMUEL L EICHNER SUSANA STERN DE FUENTE PIRAMIDES 243 TECAMACHALCO MEXICO CITY, 53950 FELDMAN BARBARA S & CHESTER PO BOX 8193 ASPEN, CO 81612 ~ '~.~-- '. ":-:-'~'7~"'"';-.:~^:.:':C~~': '-':-"'-:-:-C';',:':''''''.,'..~:~.~m: n ANDREWS JUDY 0 1043 HIGHLANDER DR SEASIDE, CA 93955-6231 BEAVERS JASON L 1/2 719 W MAIN ST #301 ASPEN, CO 81611 BOSSART TODD L 814 W BLEEKER ST #E4 ASPEN, CO 81611 BROWN ALBERT L JR QPRT 1767 E MCMILLAN ST CINCINNATI,Oft'll5206 BURNS JULIE N 719 W MAIN ST #203 ASPEN, CO 81611 CHRISTIAN SCIENCE SOCIETY ASPEN/SNOWMASS INC 344 W MAIN ST ASPEN, CO 81611 COULTER GLYNNIE PO BOX l3 ASPENo CO 81612 DOYLE R & G 10% SEARIGHT P 30% DOYLE R T III 30% GRIST F 30% 3711 EASTLEDGE DR AUSTIN. TX 78731 EIDSON JOY REVOCABLE TRUST-1/2 EIDSON ARVIN WAYNE REVOCABLE TRUST-1/2 PO BOX 271 SULPHURo OK 73086 FRANCIS TIMOTHY P & MARY VIRGINIA 711 W BLEEKER ASPEN. CO 81611 . -":,,-,,:,~,.,,_c,.,-.:.:.~:.~,,...:.......,...:,,-.,--.- .....-~.,",,,...""c--<,..,:-..,,,.,,..... GELLER SCOTT 29 BARKLEY CIR FORT MYERS, FL 33907-7531 GOLDSMITH ELLEN 719 W MAIN ST#101 ASPEN, CO 81611 HANLE JEFFREY T 126 S 7TH ST ASPEN, CO 81611 HINRICHS NANCY R 100 N 8TH ST #2 ASPEN. CO 81611 HORSEY SUSAN H 815 W MAIN ST ASPEN, CO 81611 KHALAF ALEXANDER R & FAHIMA 408 E HYMAN AVE ASPEN, CO 81611 KURTZ KENNETH T & KAREN BRAKUR CUSTOM CABINETRY 18656 S RT 59 SHOREWOOD, IL 60435 LARY LANCE R 1/2 719 W MAIN ST#301 ASPEN, CO 81611 LONG FAMILY INVESTMENTS LLLP 0190 SAGE SWALE CARBONDALE, CO 81623 LUU INVESTMENTS LLC 435 E MAIN ST ASPEN. CO 81611 " GIBANS JONATHAN PO BOX 8098 ASPEN, CO 81612 HADDON HAROLD A & BEVERLY J 409 21ST ST DENVER, CO 80205 HARPER JAMES R 150 PALMETTO RD BELLEAIR. FL 33756 HOGGATT JERRY S 175 14TH ST NEW ORLEANS, LA 70124 HUTCHESON RICHARD L PO BOX 1969 WIMBERLEY, TX 78676-6869 KLEIN HERBERT S & MARSHA 201 N MILL ST STE 201 ASPEN, CO 81611 LANDIS JAMES H 1501 MAROON CREEK #11 ASPEN. CO 81611 LEPPLA JOHN L LEPPLA JOEN F 4040 DAHL RD MOUND. MN 55364 LONG GEBHARD 22.73% 1715 SOUTH BLVD HOUSTON. TX 77098 LUU TONG KHON TRAN TUYET LE 814 WEST BLEEKER - B4 ASPEN, CO 81611 8 GLATMAN THEMIS ZAMBRZYCKI GLATMAN BRUCE ROY 20034 CALVERT ST WOODLAND HILLS, CA 91367 HAMLIN CONNIE E 719 W MAIN - #102 ASPEN, CO 81611 HElSLEY MICHAEL E C/O LONG K J 2004 DIANA DR MENDOTAo IL 61342 HOOK BRADLEY K & PAMELA D 782C NORTH KALAHEO KAI LUA, HI 9673<P JOHNSON JULIE A 719 W MAIN ST #207 ASPEN, CO 81611 KUDISH DAVID J REVOCABLE TRUST 1325 N ASTOR ST CHICAGO,IL 60610 LARNER JACQUELINE L 376 DAHLIA DENVER. CO 80220 LICHTENWALTER GARY R 814 W BLEEKER UNIT B-1 ASPEN, CO 81611 LONG MONA HAYLES TRUST BOX 3849 ASPEN, CO 81612 LYLE ALEXANDER T 719 W MAIN ST #204 ASPEN, CO 81611 , ""-""",,,", "......."...,.,_...~- "-.'-"-'.~'~~"" ..._,......, . ,.'". ,.., '-....,. e._'''.,.,."...,.,..~_".., """_~....._;c.",;_,_,_,_,'"",,,,_"__ __ ._~..." ~ , MAEWEST LLC PO BOX 3153 ASPEN, CO 81612 MARCUS ANN H 1780 JUNIPER HILL RD ASPEN, CO 81611 MAWICKE FREDERICK H 719 W MAIN #205 ASPEN, CO 81611 MITTON JOSEPH & PATRICIA 1/2 INT FRANKLE DAVID 1/2 INT 1015 VOLTZ RD NORTH BROOK. IL 60062-4722 NEVINS ROBERT M & WENDY S PO BOX 11482 ASPEN, CO 81612 PARFET DONALD R & ANNE V 11000 RIDGEWOOD LN RICHLAND, MI 49083 REED BRENT H 100 N 8TH ST #8 ASPEN, CO 81611-1124 SCHAFFER WILLIAM H 814 W BLEEKER ST #B6 ASPEN, CO 81611 SHEROD ALEC C & ELIZABETH S 616 E HYMAN AVE ASPEN, CO 81611 STEINBERG EDWARD M 1068 HOLLY ST DENVER, CO 80220 ~ MANGONE PARTNERSHIP LP 12687 W CEDAR DR #100 LAKEWOOD, CO 80228 MARTINEAU DANIEL J & AMY N S PO BOX 12357 ASPEN, CO 81612 MCBAY WILBUR & SHARON 17123 CHESTERBROOKVALE CT MCLEAN. VA 22101 MORRISON SUSAN M REV TRST 3093 FORT CHARLES DR NAPLES, FL 34102-7920 OVERTON PATRICIA J PO BOX 3075 ASPEN, CO 81612 PARIS JOHN HERNANDO 2222 SANTA MONICA BLVD SANTA MONICA, CA 90404-2307 RICCIARDI RIK 100 N 8TH ST #14 ASPEN, CO 81611 SHADDOCK CARROLL & DORTHEA SCHULZE 77.27 1715 SOUTH BLVD HOUSTON, TX 77098 SIEGEL ELIZABETH N & NEIL B 4706 WARREN ST NW WASHINGTON, DC 20016 STUHR WILLIAM J III PO BOX 3808 ASPEN, CO 81612 (":\ "', '....1 MANIE MICHAEL B 1/2 PO BOX 11373 ASPEN, CO 81612 MATTHEWS DEE R 5137 52ND ST NW WASHINGTON. DC 20016 MINNESOTA MATERNAL FETEL MEDICINE 2115 DWIGHTLN MINNETONKA, MN 55305 MURRY PAUL J MURRY BONITA J 814 W BLEEKER ST C-5 ASPEN, CO 8161"i> P B HOLDINGS LLC 725 W BLEEKER ST ASPEN, CO 81611 POLSE KENNETH A & JOYCE L REVOC 1992 TST 452 SCENIC AVE PIEDMONT, CA 94611 RK ASPEN LLC 4411 W ROOSEVELT PHOENIX,!\Z. 85043 SHERIDAN DAVID R 111/2 PO BOX 11373 ASPEN. CO 81612 SIVART HLDGS L TO PTNR 21 BREEZY KNOLL AVON. CT 06001 TONER MARK K 719 W MAIN ST #103 ASPEN. CO 81611 , . TOPELSON ALEJANDRO 4725 S MONACO ST #330 DENVER, CO 80237-3468 UHLER FRANCES M 814 W BLEEKER UNIT B2 ASPEN, CO 81611-3115 WHITFIELD DONNAMARIE C 732 W HOPKINS AVE #A3 ASPENo CO 81611 r"\ r) TRAN HONG HUONG 814 W BLEEKER ST #C1 ASPEN. CO 81611 TURCHIN WENDY & MARTIN 100 N EIGHTH ST#33 ASPEN, CO 81611 WALTZ THOMAS A & NELL F 6075 LA JOLLA SCENIC DR LA JOLLA, CA 92037 WEISS CLIFFORD & STACEY 100 N 8TH ST VILLA #36 ASPEN, CO 81611 ZIEGLER JUSTIN C 719 W MAIN ST#202 ASPEN, CO 81611 ~~ - '~--+,,,,,",.~.__.,..,~,..,.... m, 'H.,. p. '-"~"'''''-' _ .." .' .' --.' .'" ..,.,..-..__"'.'.....~_."'_"____.,._~..,,.._._._^~.;...,...,._~..._.,.."".;,...., _,'..C. r'. ~ "- Rezoning or te'et 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 address~s.ofowners of real property in the area of the proposed change shan be waived. However, the proposed zoning map has been available for publi<:: inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amend nt The foregoing "Affidavit of Notice" was acknowledged before me this;1~day ofJb~{ CY\ ht.-f ,200~, by kRISn;VJ4.LM /{2AC-,Ir:. - WITNESS MY HAND AND OFFICIAL SEAL " . IlY calMISOON EXPI~S a~, :1';i, My COIIlII!lsslOn expIres; ..... ",-,,~,oN ~b ~m' """""""""",, v ~A . At1C PI? ,~~~~\~~.I;;~!9."'% Notary PublIc I~." ';:0\ g JC: ~OT A F1 y"~~ :: : ~ 6 = . ~--- . = - . . - %~'..PUBLIC"'Oj ~:'Y '. .'QI ~)rr.,^.. .'d't:.Af- ~"'O""" 0'''''. ""'" F: CO~ \\I\<f' 11111""1111""'\\" ACHMENTS: THE PUBliCATION THE POSTED NOTICE (SIGN) :RNMENTAL AGENCIES NOTICED BY MAIL _.'Y"'" -""';t'~\"""9-t~';;"#M>0~,"i~",,1?;'ifu!f1:~)~1 o r\ - ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: &Lb.V'l'q V\ ""1t1Yl, ;furce~tAf:20t{t SCHEDULED PlJBLIC HEARING DATE: J L/_.=.YO"2- .200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, "~q 1M -e.s L I IV] elf (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: ~~UbliCatiOn 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 ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of . ,200_, 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 prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns 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. (continued on next page) "'- ,r ,--, - 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. j!!::::~~db 19nature The foregoing "Affidavit of Notice" was acknowledged befor~s ) 5 day of f"Joy , 200';'" by U ~"':> 1----1\ I '~"~"'T."",,",",,_~;~;J;0;+***'i,."~-' ". _PUBUq~Q1'ltE, ',~ " ",',,~',' RE:PARCi::LIl\ND P~cF.l:Y'dffIiE~i\VAmAN.". INN, SUBP\Yl?ION/PUD~F' ,AN AMENDMEi'IT,;:q -THtAPPRdV~:PUD,P .,' NOfICE^,lS'fIEJ'{ESY'", EN that a pubHchear~, irigwllT 6ii held on'l'~~s ay. December 3, 2002,a~ a meeting to begin at4 0 p.m. before. th~ ~1?e~ F'lannlng and Z,oningCommission, Slstl;"r,CJtle~ Room',130S.GllI~Jla Stre,~t,to consider an apph- catk)nsublTlitt~d,Dy~Tour Peaks p,~:velopm(-)nt, LtC on, 6~hal(9f:theoW_ner~" B~V~rl;\rl,~!()rzable,,~ Houslng:;.lrC,:"'req\1esfiri"f' approval Or)1:.,}S~_ Amendm,entt() the ~p:proved Bavaria,I1!!)I\$~,?fll:,~ visi<:)n/rtr6:"rfie're'quest ii; for reyi~io]'ls}O)~^E::,,;l.l": chitecture"of _t~~,str~,ctlJres:,}he properties a~,e loca,~ed ,?etwee]'l' 7t~ Str'eet and 8thS~r~,~t .,afld Wes(Bhiek~r:and' Main Stree.t~.:for~~ll,st\:ler infor~ matlon,,::(jnl(),ctJ(}yceAOhIsOn at}he City of. As: pen Communify'Development Department, po S. Ga1en<i. St:.' ,',', k;P~~':,:C? " (970) 92o-50~2, joyc-e.o@cl.aspen'.co:us:" ", t /;":"~':,::i',',::,:,:,,,::'. ", ,."""""". Jasmine Tygre, Chair '/:,' _ '. As~en P\;nning ~ dZoning Commission Pu~ilShedin ~h~,k;~en Ti es on ~ovember 16, 209~:S~?li?? WITNESS MY HAND AND OFFICIAL SEAL Lf My commission expires: ~.Q Notary Public s/,:) ~,' 'AL' L:.",.,.,.... I, 'i c..oS (f) _.~ ;>'. ATTACHMENTS: 'c~COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL o (] ~ ';. VANN ASSOCIATES, LLC Planning Consultants November 12, 2002 HAND DELIVERED Ms. Joyce Ohlson, Deputy Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Planned Unit Development Amendment, Bavarian Inn SubdivisionlPUD Dear Joyce: Please consider this letter an application to amend the fmal PUD development plan approval for the Bavarian Inn SubdivisionlPUD (see Exhibit 1, Pre-Application Conference S~ary, attached hereto). The application is submitted pursuant to Section 26.445.100.B. of the City's Land Use Regulations by Four Peaks Develop- ment, LLC (hereinafter "Applicant") on behalf of the property owner, Bavarian Affordable Housing, LLC (see Exhibit 2, Title Policy). Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. A list of adjacent property owners is attached as Exhibit 4. Please note that the Applicant paid an application fee in the amonnt of $2,240.00 on April 18, 2002 for a prior PUDamendment application for the Bavarian Inn afford- able housing project (see Exhibit 5). As you may remember, that application request- ed approval to demolish the Bavarian Inn and to redesign unit N2 in the so-called Bleeker Street duplex structure. The application, however, was withdrawn prior to review by the Planning and Zoning Commission. Inasmuch as the Community Development Department still has the Applicant's $2,240.00 deposit, we would appreciate it if you would credit the fee to this application. Background The Bavarian Inn SubdivisionlPUD received final PUD development plan approval (and all associated review approvals except condominiumization) from the City Council on July 23, 2001 (see Exhibit 6, Ordinance No. 21). The project's final PUDdevelopment plan, final subdivision plat, architectural and engineering drawings, and subdivisionlPUD agreement were recorded with the Pitkin County Clerk and Recorder on November 4,2002. 230 East Hopkins Ave. . Aspen. Colorado 81611 . 970/925-6958 . Fax 970/920-931<RECEIVED NOV 1 4 2002 ASPEN BUILDING DEPARTMENT r", !J Ms. Joyce Ohlson November 12, 2002 Page 2 A building permit has been issued for Phase I of the project which consists of the so- called Main Street and Eighth Street buildings and construction of these two structures has commenced. The Phase I buildings are located on Parcel 2 of the project site. Parcell contains the existing Bavarian Inn and the proposed Bleeker Street building. A building permit application is presently being prepared for these two structures which are referred to as the Phase II project. ' Proposed Amendment As we discussed last week, the Applicant would like to revised the exterior architec- ture of the Main Street, Eight Street and Bleeker Street buildings. No changes to the buildings' floor plans, massing, roof configurations or height are proposed. As the drawings which were delivered to you by the current project architect, John Galam- bos, illustrate, the proposed changes are limited to building materials and various architectural details (e.g., fenestration, etc.) and are intended to give the project a heightened sense of design and a more visually attractive appearance. More specifically, the exterior elevations of the three buildings have been redesigned to unify the somewhat confusing patchwork of finishes that was approved in connec- tion with the Applicant's final PUD application. As approved, the elevations contain four different exterior building materials (Le., horizontal wood siding, vertical wood siding, stucco and shingled siding) with weak transitions between the various materi- als. The revised elevations unify the buildings' design by limiting the exterior finishes to stucco, vertical siding with wood accent banding, and a corrugated metal wainscot. The proposed metal wainscot will give the buildings a visual base and provide a maintenance free material at the bottom of the walls. The original design of the buildings' elevations does not have a definite design language and lacks a sense of continuity among the various finishes and in the orienta- tion and choice of the fenestration's header heights. In contrast, the revised design utilizes horizontal banding elements that are harmonious with the buildings' flat roofs and which ground the buildings to the site. In addition, a continuous header height has been incorporated in the buildings' fenestration and the revised finishes now follow a logical and rhythmic pattern. Review Requirements Section 26.445.100 of the Regulations provides the ability to amend a previously approved PUD development plan. The required approval process is a function of the nature and extent of the proposed amendment. Pursuant to Section 26.445.100.B., an amendment which is found to be consistent with or an enhancement of an approved t"'" 1""'\ 1 11s. Joyce ()ldson November 12, 2002 Page 3 fmal PUD development plan by the Community Development Director, but which does not meet the requirements for an insubstantial amendment, may be approved by the Planning and Zoning Commission at a public hearing. As the Regulations contain no itemized review criteria, the P&Z need only determine that the proposed amend- ment is either consistent with or an enhancement of the final PUD development approval. In our opinion, the proposed amendment complies with both of these standards. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, ,LLC cc: Scott Writer c: \oldcibus\city .app\app42401.arn2 - ,1"""\ r .~ , .,'1' '::ITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY EXHIBIT 1 PLANNER: PROJECT: REPRESENTATIVE: OWNER: DESCRIPTION: Joyce Allgaier Ohlson, 920-5062 DATE: 11/11/02 Bavarian Inn POO Amendment (for architectural changes) Sunny Vann (V ann Associates) 925-6958 Bavarian Inn Affordable Housing LLC Amendment to PUD approval (proposal is to amend the architecture of the Parcell duplex, and of all Structures on Parcel 2) Land Use Code Section(s) 26.445.100(B) Amendment ofPUD Development Order Review by: Stafffor completeness; P&Z for Final Plan Amendment Public Hearing: Yes (P&Z), Applicant must post property and mail notice at least 15 days prior to' hearing. Community Development Dept. shall publish notice in paper of general circulation at least 15 days prior to hearings. Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. Referral Agencies: Planning Fees: Referral Agen. Fees: Total Deposit: Housing, Zoning, and Building Dept. Planning Fee Deposit ($1,205) Billing rate is $205 for additional hours. none $1,205.00 To apply, submit the following information: (Digital version of any text submittals must be provided.) I. Proof of ownership. Letter of authorization from Property owner to representative. 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 of the application. 6. 12 Copies of the complete application packet and maps. (PZ=7; Referral Agencies = II; Planning Staff = 2) 7. An 8 1/2" by II" 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. 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. Include existing conditions as well as proposed. 9. List of adjacent property owners within 300' for public hearing. The GIS Department can provide this list on mailing labels for a small fee. 920.5453 10. Copies of applicable prior approvals. II. Any other submittals as required by the Land Use Code. I""'> I Disclaimer: The foregoing summary is advisory in nature only and is ribt binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right. I""" (. (/) ~ z <t: J: l- ll. o o a: o $: <t: . --" co_ Q)c== Co>- "'.- E -" '" ~ ~'u co ",,>. a.~;< ~ a. '" g g-.....I -~c o=>_ to.r: "',,- 0."- tO~~ >- c.. '- . () X :::J C =: (!) 0 0 o 0 >.= 0._ '" '... -co => c: a. o tt:I Q) '- >-::00 Q)Q)C() ~ ::_~ ~ .E CI)':; c Q)"'O Q) as :: (5 U) ~ f.J) 0._ (/) .-Q).C,C ~ ~- E => 'E " 5. e> .@ :; o :!: o c -!:l e " .r: >- "'0:= C " '" ~ . c" " o.r: 0 ==:a5 o " ~ ~o~ 0", " ~c.'- Q) Q) ~ --=> .-= to....... -,,=> " - :cca.... '" c 0 ..2=- <<l'-~ > 0..0 cnQ)~ Q) Q)-- u~~ 3:::JttJ e g.~ c..-::a >."", g ~e o e>" ;;~.c :cO)::: >-3:3: ~ c -,') .Q~ '>. '0-; $0 2= 0.00 <OlD; .f: .:;.-= "5.0 ~ 0",>. .0-", ttl a E :g (,) :::I .g (f g, en= .... " 0 0 ::I 0..>- Cf' (1).2 >.- - _.r: 0 ~ - a. '" >. ~ ".0 => ru "'0 g, "'''"0 :::I 32 (]) o > => >.0" -- 0...;1 , ~E:)(Hla't2 ~, ~ "''' 0' I'-- '. "2 ~...-48 ~ ~ "...--!"!::g I'-- v E ~ ~'J" ~ 6 t l..-l../o"~ "'0 ~ . j~~a: CD Q3t.O C\l"- o r" h.'1'-- ",.. " "~ro\'" - n: ... ,....-.....:::,; x.s l1J ro 1"'1"'\ ocnco == ~ Q) CD.::;: <( ~ .> ~ u 0 .::> " 3~o.:-gz E <t:l 0 W il~;.;;, EW C ;:l"' n: o co I;/J .9 u.. () ~ n:::::J .......... 0 >- I ' . " (J.) ~ ~ o~ ......u ~~~ r~; 16~ . 3 0.:; ~~ ~8 ~a~ C'd;:j rJJ ~ >L. o () - .-1 o P... >=J U Z ~ ::J (/) Z ,..... z :2 " G o " " -< '" F ~ " z .:i~ '" z""' < ' ut- ffi""": ~~ <=" gi -; iSl 0' @ " C) c is " oR oIl ":::l E< > fQ '" oIl jj , <5 ~ . > ~ c3"" '" ".. ~:A -S:::l .- ~ -N ~ .~ c3'[cl <.:i :...5: ~ ~-~ o ~ ~ ~ Q = o-<l ...0.::::; -" - (/) -~ >=J Z ;;: o >=J -1 t: E-< ~ '. .' 1""\ SCHEDULE A-OWNER'S po0z:.r CASE NUMBER DATE OF POLICY PCT15602-B January 12, 2001 @ 10:07 AM AMOUNt OF' INSURANCE $2,000,000.00 POLICY NUMBER A75-0259625 1. NAME OF INSURED: BAVARIAN AFFORDABLE HOUSING, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: BAVARIAN AFFORDABLE HOUSING, LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKINo STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS D, E, F, G, H, I, K, L, M, N,O AND P, BLOCK 12, CITY AND TOWNSITE OF ASPEN pITKlN COu"NlY TITLE, INe. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 92S-1766/(970).92S-6527FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. 1""'\ I) SCffEDULE B-OWNERS CASE NUMBER PCT15602-B DATE OF POLICY January 12, 2001 @ 10:07 AM ' POLICY NUMBER A75-0259625 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area,encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnishedo imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2001 not yet due or payabie. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 115. Book 59 at Page 339 and Book 59 at Page 510 providing as follows: "That no title shall be hereby acquired to any mine of gold. silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Mineral rights as reserved in Deeds recorded Juiy 3001892 in Book 73 at Page 259, August 9, 1892 in Book 73 at Page 270, November 10,1893 in Book 73 at Page 492, February 26,1902 in Book 85 at Page 411. February 26. 1902 ih Book 85 at Page 412, October 7, 1901 in Book 119 at Page 443 and in Book 182 at Page 447. 9. Easement granted to the City of Aspen recorded December 11, 1986 in Book 524 at Page 929: 10. Terms. conditions, provisions, obligations and all matters as set forth in Ordinance No. _' Series of September 3, 1997 by City of Aspen recorded September 3,1997 as Reception No. 407979. 11. Terms. conditions, provisions and obligations as set forth in Revocable License Agreement recorded November 20.2000 as Reception No. 448997. 12. Encroachments and all matters as disclosed by Survey of Schmueser, Gordono Meyer dated June 2000 as Job No. 98094B. EXCEPTIONS NUMBERED 1. 2, 3 and 4 ARE HEREBY OMITIED. . {i"""\,. EXHIBIT 3 April 12, 2002 HAND DELIVERED Ms. Joyce Ohlson, Deputy Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Ohlson: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent Four Peaks Development, LLC in the processing of our application to amend the fInal PUD development plan approval for the Bavarian Inn Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, FOUR PEAKS DEVELOPMENT, LLC .~ ~ Scott Writer, Partner SV:cwv c: lbu,lcily .1trlltr4240 l.jo 1 '15 W MAIN LLC '15WMAINST STE#201 ~SPEN, CO 81611 ~NZALONE GRACE E '0 BOX 3808 ~SPEN. CO 81612 BERGER BRUCE NICOLAS '0 BOX 482 ~SPEN, CO 81612 BREIDENBACH WARREN C 1/4 WOLF PEN LN PROSPECT, KY 40059 BRUFF SHERLYNNE GUEST 100 N 8TH ST #30 A.sPEN, CO 81611 BUTLER MARIE 814, W BLEEKER #C-4 ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81811 DACOSTA MAUREEN C PO BOX I ASPEN, CO 81612 DRAKE LENIR 100 N 8TH ST UNIT 26 ASPEN, CO 81611-3152 FATTAHI AMENEH AS TRUSTEE PO BOX 8080 ASPEN, CO 81612 1""'\ ANDERSON JULIE K PO BOX 5153 SNOWMASS VILLAGE, CO 81815 ASPEN SQUARE CONDOMINIUM ASSOC 617 E COOPER AVE ASPEN. CO 81611 BODURTHA SUSAN M 719 W MAIN ST #206 ASPEN, CO 81611 , BRINKMEYER THOMAS K PO BOX 9022 ASPEN. CO 81612 BRUNT FAMILY LP PO BOX 304937 107-9B ESTATE CONTACT ST THOMAS, VI 00803 CHRISTIAN SCIENCE SOCIETY ASPEN/SNOWMASS INC 734 W MAIN ST ASPENo CO 81611 COHEN RICHARD A & ELIZABETH A PO BOX 1806 ASPEN, CO 81612 DAILY KIMBERLY DAWN 814 W BLEEKER PL E2 ASPEN, CO 81611 EICHNER SAMUEL L EICHNER SUSANA STERN DE FUENTE PIRAMIDES 243 TECAMACHALCO MEXICO CITY, 53950 FELDMAN BARBARA S & CHESTER PO BOX 8193 ASPEN, CO 81612 EXHIBIT 4' ANDREWS JUDY D 1043 HIGHLANDER DR . SEASIDE, CA 93955-6231 BEAVERS JASON L 1/2 719 W MAIN ST #301 ASPEN, CO 81611 .~ - BOSSART TODD L 814 W BLEEKER ST #E4 ASPEN, CO 81611 BROWN ALBERT L JR QPRT 1767 E MCMILLAt,j ST CINCINNATI,0H''1t5206 BURNS JULIE N 719 W MAIN ST #203 ASPEN, CO 81611 CHRISTIAN SCIENCE SOCIETY ASPEN/SNOWMASS INC 344 W MAIN ST ASPEN. CO 81611 COULTER GLYNNIE PO BOX L3 ASPEN, CO 81612 DOYLE R & G10% SEARIGHT P 30% DOYLE R r III 30% GRIST F 30% 3711 EASTLEDGE DR AUSTIN, TX 78731 EIDSON JOY REVOCABLE TRUST-1/2 EIDSON ARVIN WAYNE REVOCABLE TRUST-1/2 PO BOX 271 SULPHUR. OK 73086 FRANCIS TIMOTHY P & MARY VIRGINIA 711 W BLEEKER ASPEN, CO 81611 :ELLER SCOTT 9 BARKLEY CIR ORT MYERS, FL 33907-7531 ;OLDSMITH ELLEN 19W MAIN ST#101 .SPEN, CO 81611 IANLE JEFFREYT 26 S 7TH ST .SPEN. CO 81611 HNRICHS NANCY R 00 N 8TH ST#2 ,SPEN, CO 81611 ~ORSEY SUSAN H 115 W MAIN ST \SPEN, CO 81611 (HALAF ALEXANDER R & FAHIMA 108 E HYMAN AVE \SPEN. CO 81611 (URTZ KENNETH T & KAREN 3RAKUR CUSTOM CABINETRY 18656 S RT 59 ,HOREWOOD, IL 60435 .ARY LANCE R 1/2 '19 W MAIN ST #301 l"SPEN, CO 81611 _ONG FAMILY INVESTMENTS LLLP )190 SAGE SWALE :ARBONbALE, CO 81623 _UU INVESTMENTS LLC 135 E MAIN ST l"SPEN, CO 81611 /""., GIBANS JONATHAN PO BOX 8098 / ASPEN, CO 81612 HADDON HAROLD A & BEVERLY J 409 21ST ST DENVER, CO 80205 HARPER JAMES R 150 PALMETTO RD BELLEAIR, FL 33756 " HOGGATT JERRY S 17514TH ST NEW ORLEANS, LA 70124 HUTCHESON RICHARD L PO BOX 1969 WIMBERLEY, TX 78676-6869 KLEIN HERBERT S & MARSHA 201 N MILL ST STE 201 ASPEN. CO 81611 LANDIS JAMES H 1501 MAROON CREEK#11 ASPEN, CO 81611 LEPPLA JOHN L LEPPLA JOEN F 4040 DAHL RD MOUND, MN 55364 LONG GEBHARD 22.73% 1715 SOUTH BLVD HOUSTON. TX 77098 LUU TONG KHON TRAN TUYET LE 814 WEST BLEEKER - B4 ASPEN, CO 81611 ~ , GLATMAN THEMIS ZAMBRZYCKI GLATMAN BRUCE ROY 20034 CALVERT ST WOODLAND HILLS, CA 91367 HAMLIN CONNIE E 719 W MAIN - #102 ASPEN, CO 81611 HElSLEY MICHAEL E C/O LONG K J 2004 DIANA DR MENDOTA.IL 61342 HOOK BRADLEY K & PAMELA D 782C NORTH KAUHEO KAILUA, HI 9673<F JOHNSON JULIE A 119W MAIN ST#207 ASPEN, CO 81611 KUDISH DAVID J REVOCABLE TRUST 1'325 N ASTOR ST CHICAGO.IL 60610 LARNER JACQUELINE L 376 DAHLIA DENVER, CO 80220 LICHTENWALTER GARY R 814 W BLEEKER UNIT B-1 ASPEN, CO 81611 LONG MONA HAYLES TRUST BOX 3849 ASPEN, CO 81612 LYLE ALEXANDER T 719W MAIN ST#204 ASPEN, CO 81611 MAEWEST LLC PO BOX 3153 ASPEN, CO 81612 MARCUS ANN H 1780 JUNIPER HILL RD ASPEN. CO 81611 MAWICKE FREDERICK H 719 W MAIN #205 ASPEN, CO 81611 MITTON JOSEPH & PATRICIA 1/2 INT FRANKLE DAVID 1/2 INT 1015VOLTZRD NORTHBROOK, IL 60062-4722 NEVINS ROBERT M & WENDY S PO BOX 11482 ASPEN, CO 81612 PARFET DONALD R & ANNE V 11000 RIDGEWOOD LN RICHLAND, MI 49083 REED BRENT H 100N 8TH ST#6 ASPEN. CO 81611-1124 SCHAFFER WILLIAM H 814 W BLEEKER ST #B6 ASPEN. CO 81611 SHEROD ALEC C & ELIZABETH S 616 E HYMAN AVE ASPEN, CO 81611 STEINBERG EDWARD M 1068 HOLLY ST DENVER. CO 80220 r, ,.'. .: MANGONE PARTNERSHIP LP 12687 W CEDAR DR #100 LAKEWOOD, CO 80228 MARTINEAU DANIEL J & AMY N S PO BOX 12357 ASPEN, CO 81612 MCBAY WILBUR & SHARON 17123 CHESTERBROOKVALE CT MCLEAN. VA 22101 MORRISON SUSAN M REV TRST 3093 FORT CHARLES DR NAPLES. FL 34102-7920 OVERTON PATRICIAJ PO BOX 3075 ASPEN. CO 81612 PARIS JOHN HERNANDO 2222 SANTA MONICA BLVD SANTA MONICA, CA 90404-2307 RICCIARDI RIK 100 N 8TH ST#14 ASPEN, CO 81611 SHADDOCK CARROLL & DORTHEA SCHULZE 77.27 1715 SOUTH BLVD HOUSTON, TX 77098 SIEGEL ELIZABETH N & NEIL B 4706 WARREN ST NW WASHINGTON, DC 20016 STUHR WILLIAM J III PO BOX 3808 ASPEN. CO 81612 n " MANIE MICHAEL B 1/2 PO BOX 11373 ASPEN, CO 81612 MATTHEWS DEE R 5137 52ND ST NW WASHINGTON. DC 20016 " - MINNESOTA MATERNAL FETEL MEDICINE 2115 DWIGHT LN MINNETONKA, MN 55305 MURRY PAUL J MURRY BONITA J 814 W BLEEKER8.T C-5 ASPEN, CO 81611 P B HOLDINGS LLC 725 W BLEEKER ST ASPEN, CO 81611 POLSE KENNETH A & JOYCE L REVOC 1992 TST 452 SCENIC AVE PIEDMONT, CA 94611 RK ASPEN LLC 4411 W ROOSEVELT PHOENIX, AZ. 85043 SHERIDAN DAVID R 111/2 PO BOX 11373 ASPEN, CO 81612 SIVART HLDGS LTD PTNR 21 BREEZY KNOLL AVON. CT 06001 TONER MARK K 719W MAIN ST#103 ASPEN. CO 81611 'OPELSON ALEJANDRO .725 S MONACO ST #330 lENVER, CO 80237-3468 JHLER FRANCES M :14 W BLEEKER JNITB2 ISPEN, CO 81611-3115 VHITFIELD DONNAMARIE C '32 W HOPKINS AVE #A3 \SPEN, CO 81611 t""'\ TRAN HONG HUONG 814 W BLEEKER ST #C1 ASPEN, CO 81611 WALTZ THOMAS A & NELL F 6075 LA JOLLA SCENIC DR LA JOLLA. CA 92037 ZIEGLER JUSTIN C 719 W MAIN ST #202 ASPEN, CO 81611 n TURCHIN WENDY & MARTIN 100 N EIGHTH ST#33 ASPEN, CO 81611 . WEISS CLIFFORD & STACEY 100 N 8TH ST VILLA #36 ASPEN, CO 81611 .;~ (~ r(' ("'C))V,lMu:N1TY DEVELOPMENT DEPJ. ~ID;NT 130 South Galena Street Aspen. Colorado 816n (970) 920-5090 Referral Fees: 1163 City Engineer 35'<:>, 1205 Environmental Health 3'50. 1190 Housing 7:/5 D. Building Fees: - - L0LF Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign ~2/6 ....!,Z0::::::. TOTAL '2 ,2..fo.= NAME: ~&u.'1~() + ~ d c; /""(-r f-J.,.-'-'5,'v') AD DRESS /PROJECT: '~a....n'.;:fl '1::r. '" PtJO .4--rv, e,.. cd 1'\,.,.,., ~f- PHONE:'1:2S'-' :2-{, LI CHECK#_f llELf- CASE/PERMIT#: DATE~-l fj - OL.. # OF COPIES:_ INITIAL: ,...$ ...._~..,....~~r .~;','-._._,_,_,.-,__, .. < _". '.,_,.: ....~""._"' lE}tfffS1T5 .-;0, ---"""'" '" ~ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Joyce Ohlson, Deputy Director ~ RE: Bavarian Inn Affordable Housing Subdivsion!PUD Insubstantial Amendment _ Public Hearing DATE: May 28, 2002 ApPLICANT /OWNER: Four Peaks Development, LLC REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: 83 5 West Main Street, Parcel 2 of the Bavarian Inn SllbdivisionlPUO. aD:dParceI 1, including only the duplex, not the Bavarian Inn. CURRENT ZONING: Residential/Multi-Family with a Planned Unit Development Overlay (RMF /PUD) PROPOSED LAND USE REQUEST: Modification of the architecture for the townhomes and duplex. SUMMARY: The applicant wishes to obtain an insubstantial amendment to the Bavarian Inn Affordable Housing Development Planned Unit Development (PDD) in order to change the architecture of the structures on Parcel 2 and only the duplex structure on Parcell. REVIEW PROCEDURE An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to Section 26.445.030(C) Step 3. In the case of the Bavarian Inn AH PUD, the amendment can not be handled administratively because of Item #9 of the PUD Insubstantial Amendment criterion, which states, "Any change... which is inconsistent with a representation of the project's original approval". The representation made at the time of final approval proposed 1'""\ r) different architecture, enough to invoke the provisions of the land use code requiring this to be handled by the Planning and Zoning Commission. The Commissions action shall be considered the final, nnless the decision is appealed to City Council. STAFF COMMENTS: The applicant, Four Peaks Development LLC, represented by Vann Associates, requests an amendment to the Bavarian Inn Affordable Housing Planned Unit Development (PUD) in order to change the architecture of the townhomes on Parcel 2 and of the duplex on Parcel I. The application does not propose changes to the floor plans, massing, roof configurations or heights. The site plan layout is not changed either. . At the original review of the Bavarian project, height, locational siting of the structures and roof design were important to achieving neighborhood compatibility. In order to formalize the dimensional standards that the Commission determined appropriate in the course of several public hearings regarding the original PUD, the following condition was adopted. "The dimensional requirements of the PUD shall not be in excess of the Residential/Multi- Family Zone District's dimensional requirements and are established as specifically put forth in the application. The Residential Design Standards of the City are found to be met through the PUD process and no additional approval is required... · A 2-foot and 4-foot variance in the required 1 O-foot front yard setback of the proposed Main Street and EighthStreet multi-family structures, respectively, on Parcel 2. · A 2-foot variance in the 5-foot side yard setback on the west side of the proposed multi-family structure along Eighth Street on Parcel 2. · All buildings will have flat roofs. · The NlIN2 and S1-S5 building complexes will be limited to twenty (20) feet in height measured to the top of the roof (Note-Nl/N2 refers to the duplex behind the Inn, Sl-S5 refers to the townhomes on Main St.) · The W2-W5 building complex will be limited to twenty-five (25) feet in height measured to the top of the roof" (Note-W2~W5 refers to the townhomes on 8'h St.) Staff finds that the layout, siting, height and roof type is not changed by amendments to the architecture. The above-noted conditions must still be and appear to be met in both the site plan and elevation drawings of the application. (The more specific construction drawings submitted at the time building permit issuance will be reviewed and must be in conformance with these conditions.) However, this condition is restated in the proposed resolution to confirm that no changes can be made to these building parameters. The architectural changes do not affect the projects conformance with the residential design standards. Those are also met as they were in the original proposal. The proposed design is more definitive and interesting, but not overly fussy with multiple material types. The overall quality of the project appears improved by these changes as well. I""i (j There are more horizontal members proposed as part of the new architecture, including both a heavier beltcourse and the cornice. These tend to pull the project together and make the visual statement of the architecture much more cohesive. Overall, Staff feels that the revised architecture represents and improvement over the original designs. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the proposed amendments to the Bavarian Inn Affordable Housing PUb with conditions. Staff recommends the following conditions be applied to the approval of this application. I. Within 60 days of this approval the applicant shall file revised Bavarian Inn PUD plans reflecting this amendment. 2. The dimensional requirements of the PUD shall not be in excess of the Residential/Multi-Family Zone DistriCt's dimensional requirements and are established as specifically put forth in the application. The Residential Design Standards of the City are found to be met through the PUD process and no additional approval is required. a) All buildings will have flat roofs. b) The NI/N2 and SI-S5 building complexes will be limited to twenty (20) feet in height measured to the top of the roof. ' c) The W2-W5 building complex will be limited to twenty-five (25) feet in height measured to the top ofthe roof. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.33, Series of 2002, approving the proposed insubstantial amendment to the Bavarian Inn Affordable Housing Planned Unit Development (PUD) for the purpose of allowing a change in the architecture of those structures on Parcel 2 and the duplex on Parcel 1. ATTACHMENTS: Exhibit A -- Review Criteria and StaffFindings Exhibit B -- Proposed Resolution Exhibit C -- Development Application "..,., , ' !} EXHIBIT A BAVARIAN INN pun INSUBST ANTrAL AMENDMENT REVIEW CRITERIA & STAFF FINDINGS A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exemptfrom GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding Staff finds that the proposed PUD Amendment is consistent with the AACP. The proposed amendment pays more attention to the architectural features and improves the project, creates a higher quality appearance and appears to be more compatible with the neighborhood. 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 oj, and compatibility with, existing and expectedfuture land uses in the surrounding area. b) Natural or man-made hazards. 1"""\ 1""'\ ".' J c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landfarms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resaurces. . Staff Finding The existing dimensional standards as approved in the final Bavarian Inn PUD plan will not be varied as a part of this PUD amendment. Staff finds that the proposed amendment hinders traffic and pedestrian circulation by Staff finds this criterion to be met. 2. The propased dimensional requirements permit a scale, massing, and quantity af open space and site caverage apprapriate and favorable to' the character of the proposed PUD and afthe surrounding area. Staff Finding Staff finds this criterion to be met by virtue of an improved architectural scheme for the project. The addition of new architectural features, yet removal of the diversity of the building materials as originally approved, improves the appearance of the project. Massing, scale and open space are not altered through this application. 3. The apprapriate number af aff-street parking spaces shall be established based an the follawing cansideratians: a) The probable number of cars used by those using tlte proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use afcommon parking is pro' posed. c) The availability of public transit and' ather transportation facilities, including those forpedestrian access and/ar the commitment to' utilize autamobile disincentive techniques in the pro' posed development. d) The praximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. 4. The maximum allawable density within a PUlJ may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density af a PUD may be reduced if: a) There is nat sufficient water pressure, drainage capabilities, or ather utilities to service the propased development. 2 , /",,\, ~ ~ b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. 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 e.ffect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical naturalfeatures of the site. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan 0A CP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. C. Site Design. 3 1""'\ r\ l The purpose of this standard is to ensure the PUb enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 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 presen'e 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 accommodatedfor the proposed development in a practical and reasonable manner and shall not negatively impact surrounmngproperue~ 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. 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 proposedfeatures of the subject property. The proposed development shall comply with thefollowing: 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. 4 r"\ 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding No changes to these standards will come about due to the proposed pun amendment. E. Architectural Character. It is the purpose of this standard is to encourage architectural i,flterest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a buildingfor its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 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 slife and appropriate manner that does not require significant maintenance. Staff Finding Staff finds that the proposed amendment does not change the overall architectural character of the development from that which was originally approved. Massing, scale, layout and height are not changed through this amendment. However, staff does feel that the amendment improves the architecture through the u~e of new architectural elements added to the scheme and the minimization of multiple building materials. The amendment achieves a more definitive and cohesive architectural character to the whole project. Standards 2 and 3, above are not affected by this amendment. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 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 5 /"'""; ,~, i< ,,\1 features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be 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 The applicant must meet the outdoor lighting requirements set forth in the City of Aspen Lighting Ordinance if the proposed amendment is approved. G. Common Park, Open Space, or Recreation Area. lfthe 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: 3. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's builtform, and is available tathe mutual benefit of the various land uses and property users ofihe PUD. 4. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (notfor a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 5. There is proposed an adequate assurance through a legal instrumentfor the permanent care and maintenance of open spaces, recreation areas, and sharedfacilities together with a deed restriction againstfuture residential, commercial, or industrial development. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. 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. 6 r'i ,-., j 2. Adverse impacts .on public infrastructure by the development will be mitigated by the necessary impr.ovements at the s.ole cost .of the devel.oper. 3. Oversized utilities, public facilities, Dr site impr.ovements are pr.ovided appr.opriately and where the devel.oper is reimbursed pr.op.orti.onately f.or the additi.onal impr.ovement. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. I. Access and Circulati.on. (Only standards 1&2 apply t.o Min.or PUD applicati.ons) The purp.ose .of this standard is t.o ensure the devi?l.opment is easily accessible, d.oes n.ot unduly burden the surr.ounding r.oad netw.ork, pr.ovides adequate pedestrian and recreati.onal trail facilities and minimizes the use .of security gates. The pr.op.osed access and circulati.on .of the devel.opment shall meet the f.oll.owing criteria: 1. Each l.ot, structure, Dr .other land use within the PUD has adequate access t.o a public street either directly .or thr.ough an appr.oved private r.oad, a pedestrian way, Dr .other area dedicated t.o public .or private use. 2. The pr.op.osed devel.opment, vehicular access paints, and parking arrangement d.o n.ot create traffic c.ongesti.on .on the r.oads surr.ounding the pr.op.osed devel.opment, Dr such surrounding r.oads are pr.op.osed t.o be impr.oved t.o acc.omm.odate the devel.opment. 3. Areas.of hist.oric pedestrian Dr recreati.onal trail use, impr.ovements .of, Dr c.onnecti.ons t.o, the bicycle and pedestrian trail system, and adequate access t.o significant public lands and the rivers are pr.ovided thr.ough dedicated public trail easements and are pr.op.osed f.or appr.opriate impr.ovements and maintenance. 4. The rec.ommendati.ons .of the Aspen Area C.ommunity Plan and ad.opted specific plans regarding recreati.onal trails, pedestrian and bicycle paths, and transp.ortati.on are pr.op.osed t.o be implemented in an appr.opriate manner. 5. Streets in the PUD which are pr.op.osed Dr rec.ommended t.o be retained under private .ownership pr.ovide appr.opriate dedicati.on t.o public use t.o ensure appr.opriate public and emergency access. 6. Security gates, guard p.osts, Dr .other entryway expressi.ons f.or the PUD, Dr f.or l.ots within the PUD, are minimized/.o the extent practical. Staff Finding No changes to these standards will come about due to the proposed PUD amendment. 7 A 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. lfphasing of the development plan is proposed, each phase shall betlejfned in the adoptedfinal PUD development plan. The phasing plan shall comply with thef{}llowing: 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 /ties and fees-in- lieu, construction of any facilities to be usedjointly 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. 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