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HomeMy WebLinkAboutLand Use Case.777 Ute Ave.A044-03 t"""', CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY o A044-03 2737-182-56004 Aspen Alps PUD AmendmentlGMQS Exemption 700 Ute Avenue James Lindt PUD Amendment/GMQS Exemption Aspen Alps Homeowners Assoc Alan Richman Planning Services 08/21/03 NO ACTION TAKEN- 09/02/03 D DRISCOLL ,.-" n l!(1c.,~L1 ~ 1;0 1 fVlJo:~ RETNN FOR PERMANENT RECORD r\ (') 'P~ s~ ,,4~ ;e~ 15'<1$ 3613 ?i<J/teH. ~ B'1612 f'~/7eu: (970)920-1125 ~~.1Ut August 21,2003 Mr. James Lindt, Planner City of Aspen Connnunity Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN ALPS HEALTH CLUB ANI) SPA PUD AMENDMENT APPLICATION Dear James, As we discussed on the phone today, the Aspen Alps Condominium Association hereby withdraws the PUD Amendment application it recently submitted for an addition to its health club and spa. It is my understanding that the City will refund the application fee to the Aspen Alps. Please send the refund to the following address. Pamela Cunningham, Manager Aspen Alps Condominium Association 700 Ute Avenue Aspen, Colorado 81611 Thank you, ~;;;: PLANNING SER'(lCES Alan Richman, AICP r-. ')' n CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A!!reement for Pavment of Citv of ASDen DeveloDment ADDlication Fees CITY OF ASPEN (hereinafter CITY) and ~~ f's.\~S ~~'LOw",t."-'" ~So L~"'-\"":'" (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for ~ u 0 C\ ~~ l) ....::A \ ~\M.IS.. s ~~W.... (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structnre for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, natnre or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incorred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$ \ ,"'100 which is for _UJ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimbnrse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per plauner honr over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failnre to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Julie Ann Woods Community Development Director By: P {vt ~U(l (\; ntJvL<vv Date: t/~6 Irxz. f By: Mailing Address: '''0 \t\n 1\. ;-..... l"\V ~ V ~ ~~, c...,~k.'O" ~\\. \l g: \supportlforms\agrpayas.doc 1/10/01 RETAIN FOR PERMANENT RECORD LIST OF O~ERS WITHIN; 300' ..OF SUBJECT rPPERTY ? \SPEN CLUB LODGE PROPERTIES LLC 000 POTOMAC ST NW STE 350 VASHINGTON, DC 20007 SILVERSTEIN SAMUEL C & JO ANN 110 RIVERSIDE DR9B NEW YORK, NY 10024 FELLA HENRY J 1174TH ST MANHATTAN BEACH, CA 90266 ATTERMAN EARL M & MARILYN S 230 SQUIRREL HILL AVE 'ITTSBURGH, PA 15217 MCINTOSH HENRY P IV 124 VIA BETHESDA PALM BEACH, FL 33480 RIGGS SUSAN 124 VOA BETHESDA PALM BEACH, FL 33480 ;ITY OF ASPEN 30 S GALENA ST \SPEN, CO 81611 HONIG DANIEL A & DIANE C 13094 REDON DR PALM BEACH GARDENS, FL 33410 WISE JOSEPH 1320 HODGES ST RALEIGH, NC 27604-1414 3MC JENNIFER F TRUSTEE 3461 APPLE RD VIL TON, CA 95693 BLACK SWAN UNIT D LLC 13619 ABINGER LITTLE ROCK, AR 72212 WRIGHT TRUST 1412 ANTIQUA WAY NEW2PORTBEACH, CA 92660-4914 IALGLENN CORPORATION 428 BRICKELL AVE 1IAMI, FL 33131 WAMPLER FAMILY TRUST 1501 LINCOLN LN NEWPORT BEACH, CA 92660 WEISS KATHY D 1609 COUNTY RD 112 CARBONDALE, CO 81623 .sPEN ALPS 105 650 E FT LOWELL RD #202 UCSON, AZ 85719 SHODEEN KENT W TRUST NO 1 17 N 1ST ST GENEVA, IL 60134.2220 LODESTAR WEST LLC 175 BELLEVUE DR BOULDER, CO 80302 :HAPIN ANZLE FAMILY TRUST 887 STILLWATER ST VHITE BEAR LAKE, MN 55110 EPSTEIN JEROME P & DEBORAH R 1900 RITTENHOUSE SQ #SA PHILADELPHIA, PA 19103 LUPOW SCOTT 1907 COUNTRY CLUB DR CHERRY HILL, NJ 08003 ;RABB WILLlAMC DR 961 BOULDER DR NN ARBOR, MI 48104 BILLINGS PRENTICE BOYD 20 ASPEN MOUNTAIN RD ASPEN, CO 81611 WHITE ROYAL 0 & JOANNE M 2000 SOUTH BAY SHORE DR #7 COCONUT GROVE, FL 33133 :AKAR GERSON TRUST 01 FILBERT ST ;AN FRANCISCO, CA 94133 PISTOL PEARL L1NNIE LLC 207 EAKIN ST SW BLACKSBURG, VA 24060 JUDD ENTERPRISES INC 21 S CLARK ST#3140 CHICAGO, IL 60603 :OLPITTS DR R VERNON M D 202 STANMORE IOUSTON, TX 77019 FODOR PETER B MD 2280 CENTURY HL LOS ANGELES, CA 90067 ABRAMSON RUTH RES TRST 1 2315 ESPANA REAL WEST PALM BEACH, FL 33415 lOWERS ANN S TRUST 37 COLERIDGE AVE 'ALO ALTO, CA 94301-3522 ,BRAHAM EDWARD A & LISE L 500 BAYSHOREDRIVE IEWPORT BEACH, CA 92663 :CHNEIDER ROBERT C 003 SONG ST ,MARILLO, TX 79109 :ABANISS WILLIAM J 812 FOREST GLEN DR :IRMINGHAM, AL 35213 EIBEL ELEANOR 4 BURTON RD ORONTO ONTARIO CANADA, M5P V2 IANZMAN MICHAEL 910SW74THTERR 1IAMI, FL 33143 YNOTT MANAGEMENT LLC 50% INT 15 URSULlNES ST' IEW ORLEANS, LA 70116 1AUTNER RICHARD & MARIANNE 544 JACQUELINE JEW ORLEANS, LA 70124 1ARCUS LOUIS 01 OLD CROSSING DR :ALTIMORE, MD 21208 ORD SIMON JOHN HUBIRD & JULIE lERKS 00 L YNCOTT IORTH MUSKEGON, MI 49445 I""', CARMAN PETER CIO 237 FOXWOOD RD STAMFORD, CT 06903 WHITMAN JONATHAN C JRV TRST 256 30TH AVE SAN FRANCISCO, CA 94121 CHAMBERLAIN BEVERLY M TRST 3548 N BROOKHAVEN LN TUCSON, AZ 85712-5456 PHELPS MARGARET T 389 CALIFORNIA TERR PASADENA, CA 91105 DORSEY THOMAS F 111 4524 S ALTON ST ENGLEWOOD, CO 80110 HELLER STEVEN B 4916 ROCKWOOD PKWY WASHINGTON, DC 20016 SMITH PEGGY TRUST INDENTURE 525 HIGHLAND TERRACE BRICK, NJ 08723 SPAULDING MICHAEL R 5714 MARSHALL RD CHEYENNE, WY 82009 PORTER ROBERT A & CHARL YNN M 611 PARKWAY STE F-13 GATLINBURG, TN 37738 ASPEN ALPS CONDOMINIUM ASSOCIATION' 700 UTE AVE ASPEN, CO 81611 f'l FRYE MARTIN C 240 ZENITH AVE LAFAYETTE, CO 80026 COX CONSTANCE C TRUST 2999 PACIFIC AVE #5 SAN FRANCISCO, CA 94115 PUGH JAMES H JR 359 CAROLINA AVE WINTER PARK, FL 32789 JACOBSEN CHRIS 40 ASPEN MOUNTAIN DR ASPEN, CO 81611 LEENEY JACK W 45590 RANCHO PALMERAS DR INDIAN WELLS, CA 92210 DAVIS HAROLD M & ELEANOR L 50% INT 515 URSULlNES ST NEW ORLEANS, LA 70116 SOLHEIM J MICHAEL 525 S ORIGINAL UNIT A ASPEN, CO 81611 KEATING MICHAEL 60.ASPEN MOUNTAIN RD ASPEN, CO 81611 FITZPATRICK JOHN T 65 E 76TH ST NEW YORK, NY 10021 DIMLlNG TASHA S 700 UTE AVE #502 ASPEN, CO 81611 VALDRON K BRENT & CONSTANCE K '20 E HYMAN AVE ,SPEN, CO 81611 :ARICK LLC '30 E DURANT AVE ,SPEN, CO 81611 )E CONINGH EDWARD H JR '0 PHEASANT RUN DR ;HAGRIN FALLS, OH 44022 IELSKY PETER . '955 KATY FRWY lOUSTON, TX 77024 'ROTTER WM E II FAM TRUST NO 5 7.1664% ,RONSON RACHEL PRISK TRUSTEE 03 VENDANGE ~ANDEVILLE, LA 70471 ,RNOLD ISAAC JR ,TTN ROYANN BECKHAM '01 JEFFERSON #4000 lOUSTON, TX 77002 'RIEDMAN RICHARD L ;/0 CARPENTER & cO :0 UNIVERSITY RD ;AMBRIDGE, MA 02138 ;QRDUROY CRUISERS LLC ;/0 GROP SHOP '10 E DURANT ,SPEN, CO 81611 ~EL TZER-BRENNAN PARTNERSHIP ;/0 LANE M MELTZER :28 ST CHARLES ST STE 1305 JEW ORLEANS, LA 70130 ,LPS PARTNERS ;/0 PETER G MCGUIRE '502 GREENVILLE AVE STE 500 )ALLAS, TX 75231-3812 ~ n GLADSTONE FAMILY LP 720 N FRAN KLI N STE 300 CHICAGO,IL 60610 KENNER JEFFREY L 720 PARK AVE #6-B NEW YORK, NY 10021 WHEELER KIPPERT R 730 E DURANT AVE ASPEN, CO 81611 SIMECHECK FAMILY LP 741 W CREEKSIDE DR HOUSTON, TX 77024 OTTO GERDEAU CO 82 WALL ST NEW YORK, NY 10005 WINKLER REV TRST 840 LOMA VISTA DR BEVERLY HILLS, CA 90210 CHANDLER CLARISSA H 902 N GREEN BAY RD LAKE FOREST, IL 60045 PARI MAR LIMITED A JERSEY ISLAND CO ABACUS LONDON LIMITED C/O 32 LANCASTER MEWS LONDON ENGLAND, W2 GLORY HOLE CONDOMINIUM ASSOC ASPEN CLUB C/O 730 E DURANT AVE ASPEN, CO 81611 LITTLE NELL HOTEL ASPEN SKIING CO 675 E DURANT ASPEN, CO 81611 RONLlM INC C/O ALICE NORTON 446 PEARL ST BOULDER, CO 80302 ROCK ARTHUR TRUST C/O ARTHUR ROCK 1 MARITIME PLAZA #1220 SAN FRANCISCO, CA 94111 CHANG C C & ILlNG S C/O CHRIS SIEH 2775 GLENDOWER AVE LOS ANGELES, CA 90027 SPENCER MARGARET R C/O DAVID B SPENCER 1217 ROYAL ST NEW ORLEANS, LA 70116-2515 CORDUROY CRUISERS LLC C/O HOLLAND & HART 600 E MAIN ST ASPEN, CO 81611 IL REAL CO C/O JULIE B RACHLlS 2292 DRURY LN NORTHFIELD, IL 60093 RUL Y HOLDINGS PTY L TD C/O LANG WALKER POBOX 2964 ASPEN, CO 81612 SKEGBY HOLDINGS L TD C/O OATES KNEZEVICH & GARDENSWARTZ 533 E HOPKINS AVE ASPEN, CO 81611 HERBST CLARENCE A JR C/O RESINOID ENGINEERING CORP 7557 N ST LOUIS AVE SKOKIE, IL 60076 HURT FAMILY LP CAPITAL GROUP INC 50TH FL 333 SHOPE ST LOS ANGELES, CA 90071 ~ITCHELL GEORGE P & CYNTHIA W ,PMINC 0077 GROGANS MIL RD STE 475 'HE WOODLANDS, TX 77380 IEIHL FREDERICK )NE KANSAS CITY PL 1200 MAIN ST :ANSAS CITY, MO 64112 lODGE RON '0 BOX 1496 ,SPEN, CO 81612 IAVIS FAMILY TRUST '0 BOX 1909 tANCHO SANTA FE, CA 92067 ;OONEY THOMAS E '0 BOX 4517 ,SPEN, CO 81612 ~EYER SUSANNA TAYLOR 20.593% '0 BOX 595 lUSBY, MT 59016 'AYLOR WALTER & SHIRLEY 36.296% '0 BOX 595 lUSBY, MT 59016 :ELLER KURT E '0 BOX 840 ,SPEN, CO 81612 AMBERTI PAULA '0 BOX 8685 ,SPEN, CO 81612 ,SPEN VALLEY LAND TRUST '0 BOX 940 ,SPEN, CO 81612 (') JEFFRIES JANET ODLE TRUSTEE OF THE JEFFRIES JANET ODLE TRUST 500 HUNTINGTON OR ANN ARBOR, MI 48104 NEWSOM JAMES T ONE KANSAS CITY PL 1200 MAIN ST KANSAS CITY, MO 64105 SHIRK JAMES A & LINDA S PO BOX 1549 BLOOMINGTON,IL 61702 SILVESTER JULIE P PO BOX 2267 HAMILTON BERMUDA, HMJX SIMUNOVICH JOHN & BRIGID COLETT- PO BOX 47 DROGHEDA IRELAND CO LOUTH, TAYLOR JAMES HOPKINS 20.593% PO BOX 595 BUSBY, MT 59016 KLEIN MICHAEL S PO BOX 626 CORTE MADERA, CA 94976 BAILEY LEAH S TRUST PO BOX 851 BEREA,OH 44017 BARROW MICHAEL E TRST PO BOX 9199 NORTH LITTLE ROCK, AR 72119 PECKHAM THOMAS C PO BOX 9766 ASPEN, CO 81612 ~ :" OHERRON EDWARD M JR OPT OHERRON EDWARD M JR TRSTE 6827-C FAIRVIEW RD CHARLOTTE, NC 28210 ASPEN SKIING COMPANY PO BOX 1248 ASPEN, CO 81612 HYDE MARY ANN REV TRUST PO BOX 1557 ASPEN, CO 81612 STANTON ROSAMOND L TRUSTEE PO BOX 280 SANTA FE, NM 87504-0280 SLATER ALEXANDER B PO BOX 491 LOCUST VALLEY LONG ISLAND, NY 11560 TAYLOR MARGARET JENNINGS 20.593% PO BOX 595 BUSBY, MT 59016 SPAR CONSOLIDATED MINING & DEVELOPMENT PO BOX 799 ASPEN, CO 81612 EBRAHIMI SHAINE S PO BOX 8590 ASPEN, CO 81612 TROTTER WILLIAM E II 12.3943% PO BOX 92610 LAFAYETTE, LA 70509-2610 DEVORE KARINJO PO BOX 03 ASPEN, CO 81612 :ANN RONALD tUA ENGENHEIRO ROB ZUCCOL0255 ;AO PAULO CEP 05307-190, BRAZIL HOTTER GRETA R TRUST 17.2413% HOTTER GRETA R TRUSTEE 553 HIGH AVE A JOLLA, CA 92037 (') SKILKEN STEVE SKILKEN LYNNE 383 SOUTH 3RD COLUMBUS,Oi-l 43215 TROTTER WM E II FAM TRUST NO 1 17.7322% TROTTER GRETA RABALAIS & WM E III 600 JEFFERSON ST STE 1202 LAFAYETTE, LA 70501 A ;{/ LANDMARK AMERICA INC THE STABLES LES CHASSES LA RUE DE CHASSESS ST JOHN JERSEY, JE3-4EE MCCLUSKEY DARLENE M TWO COVENTRY CT PRAIRIE VILLAGE, KS 66208 r: .l.." ~ ,.,. c ,.. .,~ ~~ , C"'""", 11<:;", f"!, "L ,... , t: f"'" ~. '''>- ,',,'f -~/~ :"" ."-';- ,.,;, > , c~, ..,.,.. -!,-. .""" , I. ...... II. .... , " J .... III. - IV. . V. ,... VI. .... 'i ,.... #1. , #2. '1 #3. #4. #5. .-, -- ,.... ~, :- I"'" " ! .' 1 - ("] ~ d TABLE OF CONTENTS PAGE APPLICATION REQUEST. . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 BACKGROUND INFORMATION .... , . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 A. Property Background . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .. . . . . .. 2 B. Description of Proposed Development . . . . . . . . . . . . . . . . . . . . . . . . .. 3 PUD AMENDMENT ........,...,.............................. 5 GMQS EXEMPTION FOR EXPANSION OF A COMMERCIAL USE .... 16 VESTED RIGHTS ..........,......,.......................... 18 CONCLUSION .... . . . . . , . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .. 18 EXHIBITS Letter From Attorney Demonstrating Ownership Letter Authorizing Submission of Application Pre-Application Conference Summary Ordinance 28, Series of 2001 Ust of Owners Within 300' of Subject Property (submitted separately) MAPSIDRAWINGS Aspen Alps Vicinity Map Existing Conditions F100r Plan Proposed Conditions F100r Plan Site Survey (5 sheets) '"" ""' ft'-, ;:., r-'" 1-, ,.. .~ ;;;. f*'" ~ 1",] ~ ::;1 ..., "... l .... iP'l ~ r"" i'""""", ..., I""" ,., ,J 11"'\ I. APPLICATION REQUEST The Aspen Alps has maintained a health Chlb and spa in the 200 Building virtually since the inception of the Aspen Alps Condominiums. The health club and spa has been an amenity for the owners of condominium units and tl:1eir guests, and has also historically been available for use by other residents of and'visitors to Aspen. The Aspen Alps intends to renovate the h~alth c!ubapd spa and lliso proposes to make a small addition to the facility. In order to make this addition, the Aspen Alps Condominium Association, (hereinafter, "the applicant") is hereby submitting this application to the City of Aspen. Proof that the applicant is the owner of the subject property is provided by Exhibit #1, a letter from Mr. Tom Todd of Holland and Hart, LLP, the attorney for the Condominium Association. Authorization for Alan Richman Plal1njng Services to represent the property owner for this application is provided by Exhibit #2. A pre-applicll.tion conference to 2JIscussthis' project with City staff was held with representatives of the Community Development Department on 7/17/03, and several follow- up discussions were held thereafter (see Exhibit #3, Pre-Application Conference Summary). Based on these discussions, staff confirmed that this application would be subject to the following development review procedures: pun Amendment, pursuant to Section 26.445.100 of the Aspen Land Use Code, to make a substantial change to the Aspen Alps PUD; and GMQS Exemption, pursuant to Section 26.470.070 E of the Aspen Land Use Code, to add more than 250 sq. ft., but less than 500 sq. ft" of net leasable commercial space to the health club and spa. Sections III and IV of this application are organized to respond to the standards of the Land Use Code for these review procedures. However, before addressing these standards, Section II of this application provides some background information.with respect to the Aspen Alps and this application request. Aspen Alps Health Clnb and Spa PUD Amendment and GMQS Exemption Page 1 ,~ ~ II. BACKGROUND INFORMATION A. Property Background The Aspen Alps is an 83 unit condominium complex located at the base of Aspen Mountain. Seven of the eight buildings in the complex were built in the 1960's. 777 Ute Avenue was built in 1990 and became part of the Aspen Alps soon thereafter. A new parking structure, including three affordable housing units, a maintenance shop, and a laundry, was completed beneath the tennis courts in 2003. A vicinity map that shows the location of the Aspen Alps buildings is included in this application. ........... Until recently, the Aspen Alps was subject to several different zoning designations, including both lodging and residential designations. However, in 2001, the City Council adopted Ordinance 28, Series of 2001, rezoning those portions of the Aspen Alps that were zoned R-15 or Conservation to LodgeITourist Residential, with a PUD Overlay (see Exhibit #4). This means that the entire Aspen Alps property is now zoned LITR. Therefore, the condominiums and all of the associated uses on the property are conforming uses. "'" The Aspen Alps Condominium Association is actually comprised of several individual homeowners associations. The associations that make up the Aspen Alps, the buildings they encompass, and the dates of their establishment are as follows: · Aspen Alps Homeowners Association (100 Building, established in 1963); · Aspen Alps West Homeowners Association (200 Building, established in 1964); · Aspen Alps South Homeowners Association (300, 400, and 500 Buildings, established in 1965; 700 Building established on a second parcel in 1967); · Aspen Alps North Homeowners Association (800 Building, established in 1970); and . 777 Ute at the Aspen Alps (established in 1990). Given the manner in which the Condominium Association is constituted, this application is being submitted solely with respect to the parcel of land on which the 200 Building. The Plat which established this separate parcel can be found in Plat Book 3, Page 26 of the records of the Pitkin County Clerk and Recorder. However, since the health club and spa is designated as a common element on that plant and since the Aspen Alps Condominium Association is responsible for managing all of the common facilities in the Aspen Alps, the actual applicant for this project is the Aspen Alps Condominium Association. -- The applicant has completed a detailed analysis of the improvements within the 200 Building, to determine its existing floor area ratio. A site survey prepared to summarize this analysis is included in this application. These drawings demonstrate that the lot on which the 200 Building is located is 32,955 sq. ft. in size. ,- Aspen Alps Health Club and Spa PUD Amendment and GMQS Exemption Page 2 - :""" -. ~ ,., "" ,-. ..... ,,... ~ ,... , '"" A ~,. ,.1 , ''1 ,... ~ ~' Lj f' fI"*_' ~ - r-. F ~ n ~ V The site survey also shows that the floor-by-floor summary of the 200 Building's square footage that counts as floor area under the Land Use Code is as follows: Basement: First Floor: Second Floor: Third Floor: Total: 774 sq. ft. 11,097 sq. ft. 11,125 sq. ft 2.990 sq. ft. 25,986 sq. ft. Since the LfTR zone district establishes an allowable external floor area ratio of 1:1, it can be seen that there is nearly 7,000 sq. ft. of floor area that could be added to this lot. B. Description of Proposed Development The applicant proposes to make a small addition to the health club and spa. This will be accomplished by enclosing the below-grade patio area in front of the club, which currently is open to the sky. This area will be enclosed, except for the staiIway, which will remain open. The roof of the enclosure will be built at ground level, meaning that the entire expansion area will be built below grade and will not be visible to the public. The~I1closure \\Till increlise th~ gross size of the health club and spa by approximately 760 square feet. The proposed conditions floor plan, which is included in this application, shows the areas within the addition that count as net leasable area. There will be four such small areas added to the health club and spa, as follows: Changing Room: 160 sq. ft. Health Club Offic.e: ?O sq. ft. Reception Area: 75 sq. ft. Spa Office: 115 sq. ft. Total: 4~Osq. ft. The remainder of the expansion area (approximately 330 sq. ft.) will be used for circulation, to provide a proper entry area into the health club, and a corridor to access the two offices. The intent of this development project is not to increase the overall capacity of the health club or spa, nor to change the clients that these businesses serve. Rather, the project is being designed to modernize a space that has become outdated, and to re-organize the space to provide for more efficient circulation and an improved layout. This can be demonstrated by comparing the contents of the existing conditions floor plan to that of the proposed conditions floor plan, both of which are included in this application. The existing conditions floor plan shows that the existing spa facilities on-site include a dressing room, steam room, sauna, bathroom, sink, and sitting room for men, with a Aspen Alps Health Club aud Spa PUD Amendment and GMQS Exemption Page 3 ~ ~ -, duplicate set of facilities provided for women. The spa also offers 2 men's and 2 women's massage/treatment rooms. As shown on the proposed conditions floor plan, following the remodel there will still be just 4 massage/treatment rooms. All of the other facilities will also be replaced, with the exception that the saunas will be removed and hot tubs will be installed in their place. There is also a very small area shown as an office (which is actually just an appointment desk) for the spa director at the entrance to the spa; the spa director would be provided her own office as part of the expansion. ~.-> The health club is operated by Charisse Layne, who is a pilate's instructor and athletic trainer. Currently, the club offers a pilates area and an equipment/weight training area within a single space (labeled "fitness gym" on the existing conditions floor plan). The ~. proposed floor plan will offer all of the same equipment as today, but separates the pilates area into its own private space, to make more room for the other equipment. Today, the reception area and office for the health club is a small desk in the corner of the club, with an office behind it. The proposed expansion will create an appropriate reception area for both the health club and spa, and an office for Ms. Layne. """ ~: In summary, the functions that will be housed in the expansion area are all presently found in the existing health club and spa. The office, reception, and changing areas will simply be made more spacious and better organized by the proposed expansion and remodeling plan. Moreover, following the remodel and expansion, the health club and spa will remain a facility that primarily serves the owners of Aspen Alps condominium units and their guests. Commercial use of the facilities by other clients will continue, but this will remain the secondary use of the health club and spa. .- The opportunity to accomplish this project was provided by the recent completion of the Aspen Alps parking structure. Included in that structure is a new maintenance area and a new laundry to serve the Aspen Alps Condominiums. The creation of these areas has freed up some existing areas in the lower level of the 200 Building, (particularly the laundry area and the employee kitchen) allowing some additional space for the health club and spa to be remodeled. This has also allowed the area shown on the existing conditions plan as the maintenance shop to be remodeled into storage lockers for the 200 Building unit owners. - .:;;;;;. ^- Aspen Alps Health Club and Spa PUD Amendment and GMQS Exemption Page 4 ~ """ -- ",. > "'" ! f""o ,.... <""< ,..., ~ - 4 r - ..... {.:<. ,.., r ..., ('l n, , 'I. ..,. III. PUD AMENDMENT Although the Aspen Alps is designated as a PUD, there is not an adopted PUD Plan for this property. Section 26.445.100 C. of the Land Use Code states that in the absence of an approved final development plan for a site designated PUD, an accurate improvements survey of existing conditions may be substituted to determine whether the proposal is a substantial or an insubstantial amendment. Such a survey has been submitted with this application, and staff has determined that the proposal will be classified as a substantial amendment. Therefore, this application' is subject to final review by the Planning and Zoning Commission. The standards for final PUD review are found in Section 26.445.040 of the Code. The applicant's response to each of these standards follows below. A General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Response: The economic sustainability section of the AACP establishes the following statement of intent: "Maintain a healthy, vibrant and diversified year round economy that supports the Aspen area community; to maintain and enhance existing business and cultllfal entities; and to support and promote the Aspen Idea of mind, body and spirit." ' The proposed development is consistent with this statement. It will maintain and enhance a long term local business, the health club and spa at the Aspen Alps. Moreover, the health club and spa facilities are precisely the type of use that fits with the concept of renewing the mind, body and spirit, as described above. The development will modernize these facilities, helping to better serve the needs of the owners and guests who stay at the Alps. These facilities have also served residents of the community for many years, and will be better able to do so following this proposed remodel . and small expansion. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Response: The 200 Building sits in the middle of a number of other tourist-oriented developments, including the Sky Hotel and the Little Nell Hotel. It has been a stabilizing influence on this neighborhood for more tha.n 30 years, and its use and character is entirely compatible with the surrounding developments. Aspen Alps Health Clnb and Spa PUD Amendment and GMQS Exemption Page 5 ~ .~ The health club and spa has been an amenity to the Aspen Alps condominium owners and their guests for many years. No change in the character of this use is planned. It will continue to serve primarily the people staying at the Aspen Alps. It will also continue to be used by members of the public, providing a service to local residents. - 3. The proposed development shall not adversely affect the future development of the surrounding area. .:- , Response: This development will have not have a negative affect on the future development of the surrounding area. The applicant has taken great care to design a project that will be virtually invisible to surrounding residences, due to its subgrade location. The project has been designed to fit within the existing outline of the stairway and patio outside of the health club and spa, so there will be no impact on existing landscaping or on the existing pedestrian way in front of the building. ...- '~-, 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final development plan review. ~. Response: An application for a growth management exemption is included in this consolidated land use application. B. Establishment of Dimensional Requirements: The final PUD development plan shall establish the dimensional requirements for all properties within the PUD, as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During the review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed development requirements shall comply with the following: /".... 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. b. Natural or man-made hazards. c. Existing natural characteristics of the property and surrounding area, such as steep slopes, waterways, shade, and significant vegetation and landforms. - Aspen Alps Health Clnb and Spa PUD Amendment and GMQS Exemption Page 6 ~. .,....., rJ U "I' .....,. - d. Existing and proposed man-made characteristics of the property and the sUlTounding area, such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. ,~ Response: The project's proposed dimensional requirements are shown in Table 1, on the .... following page. The proposed dimensions essentially reflect the existing conditions on the site, since the subgrade addition will have no effect on setbacks, height, or open space. The floor area ratio for this property will actually decrease as a result of this project, since the "'" patio enclosure will virtually eliminate the exposed surface area for the subgrade level. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding areas. f"'; ~ Response: No changes are proposed to the scale and massing of the structures on the property, nor to the quantity of open space that is present. The only proposed development activity is the enclosure of an existing stairway and patio area in front of the 200 Building. This will occur entirely below grade, with the roof of the enclosure being at the same grade as the grass in front of the building. ~ I"" 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: ,..., a. The probable number of cars used by those using the proposed development, including any non-residential land uses. ,.l;O:l b. The varying time periods of use, when joint use of common parking is proposed. "'" The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d. The proximity of theproposed development to the commercial core and general . activity centers in the City. F c. ~ Response: As shown in Table 1, there are currently 20 parking spaces behind the building and another 7 spaces in front of the office. The proposed addition of 430 sq. ft. of net A leasable square footage should not require additional parking to be provided on-site. This is due to the fact that the project will not increase the number of employees at the health club and spa, nor will it increase the number of clients who can use the space. Instead, the f" intent of this project is to improve the quality of the existing health club and spa space and to make it function more effectively. Overall, the planned remodel and expansion project will simply replace the existing facilities with new facilities that are more functional and ,-. modern, but are used in the same manner as before. "'" Aspen Alps Health Club and Spa PUD Amendment and GMQSExemption Page 7 ,..,. ~ ~. ~ TABLE 1 L/TR ZONE DISTRICT DIMENSIONAL REQUIREMENTS .;;.;" 6,000 sq. ft. 1 bedroom per 1,000 sq. ft. 60 feet 10 feet 32,955 sq. ft. 36 bedrooms (existing)! '- 10 feet 285 feet 17 feet 20 feet (west) 17 feet (east) 11 feet Addition will be built subgrade 15 feet .,,:- c::.. 10 feet 1:1 (32,955 sq. ft.) 2 spaces per two or three bedroom unit 10%2 0.77:1 (25,500 sq. ft.)3 27 spaces4 ;;..;> Notes: 1. There are 16 separate units in the 200 Building. 4 units are three bedroom units; 12 are two bedroom units. 2. Open space is an estimate, as scaled from the site survey. No changes to existing open space are planned. ~ 3. The floor area ratio for this property will actually decrease as a result of this project, since the patio enclosure will nearly eliminate the exposed surface area for the subgrade level. .:;::;, 4. There are twenty existing parking spaces in the lot behind the building and seven spaces in front of the office. Owners also have the opportunity to purchase a space in the new Aspen Alps parking structure. Aspen Alps Health Clnb and Spa PUD Amendment and GMQS Exemption Page 8 .,..., / .... r-. ~, "11 Today, there is not a functional reception area for the health club or the spa, nor are there adequate offices for the two employees who manage each of these facilities. These deficiencies will be rectified with new offices and a reception space in the expansion area. The remainder of the expansion area will be used for a women's changing room and for circulation. None of these areas will incre~se the demand for parking at the health club or the spa, ,., \ ... I It should also be pointed out that the majority of the users of the health club and spa are the owners of Aspen Alps units and their guests. These patrons do not require parking spaces to use these facilities. The maximum density within a PUD maybe reduced if there exists insufficient infrastructure capabilities, Specifically, the maximum density of a PUD may be reduced if: .-, iiiliOit 4, "'" a. ~ b. "'" There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. ,.. Response: The applicant is not proposing any change to the existing density on the property. 5. ~ a. - b. ~ c. ""'- ..",. d. '""" p The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features, Specifically, the maximum density may be reduced if: The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls, and avalanche dangers. The effects of the proposed development are detrimental to the natural watershed due to nmoff, drainage, soil erosion and consequent water pollution The proposed development will have a pernicious effect on air quality in the surrounding area and the City. The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes disturbance to critical natural features of the site. Response: There are no natural hazards or critical natural site features that should cause the density of the PUD to be reduced. ~ / "" Page 9 Aspen Alps Health Club and Spa puD Amendment and GMQS Exemption F, ,"" ~ "- 6, The maximum density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattem is compatible with surrounding development pattems 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 (AA 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 pattem compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Response: The applicant does not propose to increase the project's density through the PUD. ~.- C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 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. Response: There are no natural features that will be affected by the proposed development. All construction will be limited to the area within the existing stairway and patio. None of the trees in front of the building will have to be removed or relocated, and none of the landscaping is expected to be impacted. ,,- --'+. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Response: The addition to the building will be subgrade and will have no affect on open spaces and vistas. ~. Aspen Alps Health Club and Spa PUD Amendment and GMQS Exemption Page 10 ,...., ~ , - ~ ,... - t r;.:;. -- 1'" ,..,. , ~ ~, r-. n 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. Response: A principal purpose of the proposed enclosure is to provide a more appropriate entrance into the. existing health club and spa that is oriented to the existing pedestrian walkway through Ute Avenue. At the present time, the primary entrance is off the side of the building, through a narrow corridor in the building. The enclosure will establish a much more functional and attractive entrance th<it allows guests to enter the health club and spa from the pedestrian walkway into a true reception area. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Response: Emergency vehicles will be continue to be able to access the 200 Building from Ute Avenue, as they do today. 5. Adequate pedestrian and handicapped access is provided. Response: Pedestrian access has been addressed elsewhere in this application. Handicapped access will be provided using a small lift that will be installed in the stairway that enters the building from the rear parking lot. This will provide a means of access for disabled persons that is not present in the existing health club and spa. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Response: There is an existing dryweJl on this lot, located beneath the approximate center - of the health club facility. The applicant will route the roof drains for the new enclosure into the existing down spouts that serve the 200 Building, from which runoff will be routed to the drywell. Therefore, there will be no impact from drainage on surrounding properties. - ,... ~ Ii"" ~ f"" -fiiOiiII, 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Response: There are no changes planned to the spaces between the buildings. D. Landscape Plan. The purpose of this standard is to ensure the compatibility of the proposed landscape with the visual character of the City, with surrounding parcels, and with existing and proposed features of the subject property. The development plan shall comply with the following: Aspen Alps Health CInb and Spa PUD Amendment and GMQS Exemption Page 11 '" ,--... 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. - 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Response: As described above, all construction will be limited to the area within the existing patio area. None of the trees in front of the building will have to be removed or relocated, and none of the landscaping is expected to be impacted. No new landscaping is planned at this time. E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan which adequately depicts the character of the proposed development. The proposed architecture of the development shall: - 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. - Response: Because the proposed construction will be subgrade, there will no change to the architectural character of the 200 Building. 2. Incorporate, to the extent practica~ natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non-or-less intensive mechanical systems. Response: Because the proposed construction will be subgrade, this standard does not apply to this proposal. c- 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Aspen Alps Health Club and Spa PUD Amendment and GMQS Exemption Page 12 'F' , ,.. ~ Response: Because the proposed construction will be subgrade, this standard does not apply to this proposal. 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: "" t ,.., - ~, t-' .. ~ "I'fiiIIli{ ,... r ';.;:iito ~ ,- I"'"' "'" - 1. All lighting is proposed so as to prevent direct glare or hazardous inteiference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards, unless othe/Wise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Response: Any new lighting will comply with the City's new lighting standards. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD,the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natura/landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the .PUDar ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Response: The open space on the property will remain under the ownership and maintenance of the Aspen Alps Condominium Association. H. Utilities and Public Facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: Aspen Alps Health Club and Spa PUD Amendment and GMQS Exemption Page 13 /~ ~ , 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately where the developer is reimbursed proportionately for the additional improvement. ~ Response: This building is already fully served by the range of necessary public facilities. If any facility upgrades are found to be necessary to serve this small expansion, they will be provided at the applicant's expense, meaning there will be no net cost to the public for _ providing these facilities. L Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and trail facilities, and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use, Response: Access to the project will be continue to be provided from Ute Avenue, a public road. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Response: The proposed development will not result in any significant increase in the amount of traffic in the area. As described elsewhere in this application, no new employees will be generated by this project, nor will it increase the number of clients who can use the space. As a result, no road improvements are required to serve this development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Response: No new trail dedications are proposed as part of this project. The prior pedestrian and open space dedications made by the Aspen Alps will all remain in effect. Aspen Alps Health Club and Spa PUD Amendment and GMQS Exemption Page 14 .... 1"'\ 4. 1"" r:-) ~ >{ / The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. ... , Response: No additional trail recom!TIt':!1c.1atioIlsfroIIl the MCP affect this property. f"" Ii- /I'i.l r 1'"' 1"" ,.. 1. ~ 2. "" 3. r- 1- ,.... ,... ""' .... - 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access, Response: There are no streets planned within the project. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the exte/'(t practical. Response: No gates or other entryway expressions are planned as part of this project. 1. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property own.ers and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. The phasing plan describes physical areas insulatin[jy to the extent practica~ occupants of initial phases from the construction of later phases. The proposed phasingplan ensures the necessary or proportionate improvements to public facilities, payment of impact fees andfees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housin[jy and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Response: A phased development is not proposed for this project. Aspen Alps Health Club and Spa PUD Amendment and GMQS Exemption Page 15 ". ~ -- IV. GMQS EXEMPTION FOR EXPANSION OF A COMMERCIAL USE Section 26.470.070 E. of the Aspen Land Use Regulations provides an exemption from the Growth Management Quota System (GMQS) for a small addition of net leasable area to an existing commercial or office use, provided it is demonstrated that the expansion will have minimal impact upon the City. The applicant proposes to add approximately 430 sq. ft. of net leasable area. As shown on the floor plans, there are four small spaces within the expansion area that count as net leasable area. The size of each of the four spaces is shown on the floor plan, as follows: Changing Room: 160 sq. ft. Health Club Office: 80 sq. ft. Reception Area: 75 sq. ft. Spa Office: 115 sq. ft. Total: 430 sq. ft. ~" - The remainder of the expansion area (330 sq. ft.) will be used for circulation, to provide a proper entry area into the health club and spa and a corridor to access the two offices. According to the Land Use Code, circulation corridors do not count as net leasable area. Section 26.470.070 E. states that a determination of minimal impact shall require the following to be demonstrated: That a minimal number of additional employees will be generated by the expansion and that employee housing will be provided for the additional employees generated; Response: There will not be any additional employees generated by the proposed addition. The purpose of the proposed remodel and small addition is to replace the existing facilities with new facilities, and to improve the functioning of the health club and spa. It will not provide new facilities to permit new employees to work out of this space. To support this statement, following is an analysis of the current employment at the health club and spa. -' The health club is operated by Charisse Layne, who is the only full time employee of the club. Ms. Layne has 1 part time employee who acts as a receptionist when Ms. Layne is not available. Clients who use the sports equipment may choose to have a personal trainer to guide them through their workout. These trainers are available on an as-needed basis and are not employees of the health club. '- The spa is operated by its manager, Ms. Jo King. It is open from 3 PM to 8 PM in the winter and 2 PM to 7 PM in the summer. In the winter the spa has a part time receptionist on staff; there is no receptionist in the summer. The spa has approximately 8 therapists who Aspen Alps Health Clnb and Spa PUD Amendment and GMQS Exemption Page 16 ,.... """ 1""1 f"" ,... .t- {I"" r" """ "" ~ ... ~ fIiO'.: ~ I' .,.. ~ p. \Lil'i'l!. r-. (~ are on call to give massages to clients. These therapists are not employees of the health spa. Since there are only 4 massage rooms on the premises, this is the maximum number of clients that can be treated per hour. Guests of the Aspen Alps may also requests massages be given in their apartments. Since the health club and the spa operations will not change and additional facilities will not be provided, the number of employees staffing these businesses will not increase. In fact, because a single reception area is being created at the entry to the two operations, there will be just one receptionist for both the health club and spa, thereby eliminating one part time receptionist position. That a minimal amount of additional parking spaces will be demanded by the expansion and that parking will be provided; Response: As shown in Table 1, there are currently 20 parking spaces behind the building and another 7 spaces in front of the office. The small addition of net leasable square footage wiII not require additional parking to be provided. The intent of this project is to improve the quality of the existing health club and spa areas and to make them function more effectively. As described above, the project wiII not increase the number of employees at the health club or spa, nor will it increase the number of clients who can use these spaces. Instead, the planned remodel and expansion simply replace the existing areas with new areas that are more functional and modern. Today, there is not a functional reception area for the health club or spa, nor are there adequate offices for the two primary employees who run these facilities. These deficiencies will be rectified in the expansion area. The remainder of the expansion area will be used for a women's changing room and the circulation area. None of these areas will increase the demand for parking at the health club. It should also be pointed out that the majority of the users of the health club and spa are the owners of Aspen Alps units and their guests. These patrons do not require parking spaces to use these facilities. That there will be minimal visual impact on the neighborhood. from the expansion; and Response: The proposed enclosure will have no visual impact, since the resulting structure wiII be built subgrade. That minimal demand. will be placed on the City's public facilities from the expansion. Response: This property is located in the heart of the lodge district, and is already served by the full compliment of public facilities. The applicant anticipates that this small addition Aspen Alps Health Club and Spa PUD Amendment and GMQS Exemption Page 17 r\ n will not create the demand for any new facilities, including water supply, sewage disposal and similar public facilities. V. VESTED RIGHTS Pursuant to Section 26.52.080 of the Aspen Municipal Code, the applicant hereby requests that this development be granted vested rights status. VI. CONCLUSION In summary, the applicant has submitted all of the materials requested during the pre- application conference, Responses have been provided to the applicable standards of the Aspen Land Use Code, demonstrating the project's compliance with said standards. Should any reviewing agency request additional information, or need any of the statements made herein to be clarified, the applicant will respond in a timely manner. Please feel free to contact the applicant as the need arises. Aspen Alps Health Club and Spa PUD Amendment and GMQS Exemptiou Page 18 r-: f"""', EXHIBIT #1 (\ ... HOLLAND & HARTLLP ATTORNEYS AT LAW ,.... DENVER. ASPEN BOULDER. COLORADO SPRINGS DENVER TECH CENTER BilLINGS. BOISE CHEYENNE. JACKSON HOLE SALT lAKE CITY. SANTA FE WASHINGTON, D.C. 600 EAST MAIN STREET ASPEN, COLORADO 81611-1953 TELEPHONE (970) 925-3476 FACSIMILE (970) 925-9367 ~ THOMAS]. TODD ttodd@hollandhart.com August 7, 2003 ...... , ... Alan Richman Richman Planning Services 200 East Main Street Aspen, Colorado 81611 "... r-' Re: Land Use Application for Aspen Alps Condominium Association for Health Spa and Sports Club Facilitv Dear Alan: - You have asked me to advise you on the status of title to the basement area located in the 200 Building of the Aspen Alps West Condominiums. tioiii ,~ I am writing to confirm that the basement area is a general common element of the Aspen Alps West Condominiums, and as such it is owned in common by the 17 individual condominium unit owners whose units comprise the Aspen Alps West Condominiums. However, in accordance with the. current By-laws of Aspen Alps Condominium Association, the Aspen Alps West Condominium Association was merged into the Aspen Alps Condominium Association, and the Aspen Alps Condominium Association, through its Board of Managers, is empowered and has the duty to maintain and manage the common elements ofthe Aspen Alps West Condominium Association, Therefore, the Aspen Alps Condominium Association has legal authority to process the land use application concerning the Health Spa and Sports Club Facility. '-'. ,~ - I trust this information serves your needs. Please call if you need additional information. ;.; !"""". / Si."rel> ~ ka:tJTodd for Holland & Hart LLP ",... TJT:sm cc: Pamela Cunningham ,.... - ,~ ~ EXHIBIT #2 August 6, 2003 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN ALPS HEALTH CLUB AND SPA PUD AMENDMENT APPLICATION Dear James, I hereby authorize Alan Richman Planning Services to act as our designated representative with respect to the land use application being submitted to your office to renovate and expand our health club and spa, located in the 200 Building at the Aspen Alps. Alan Richman is authorized to submit an application to obtain a PUD Amendment and GMQS Exemption for this project. He is also authorized to represent us in meetings with City of Aspen staff and the Aspen Planning and Zoning Commission. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerely, ~t1 j}J..c (}t cCc ( iL- Pamela Cunningham, Manager Aspen Alps Condominium Association 700 Ute Avenue Aspen, Colorado 81611 970-925-7820 .-...... ,..... ~ ,...., PLANNER: PROJECT: REPRESENTATIVE: r-". OWNER: TYPE OF APPLICATION: DESCRIPTION: r- ~~ ,..., ~ EXHIBIT #3 t""") CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY James Lindt, 920.5095 DATE: 7/24/03 Aspen Alps Building 200 SPA Addition Alan Richman Aspen Alps West HOA PUD Amendment, GMQS Exemption for an addition of commercial space The applicants would like to expand the existing Spa Area and Exercise Facility in Building 200 of the Aspen Alps. Staff believes that because the facilities are open to the public and are not entirely accessory to the on-site uses. Therefore, a GMQS exemption for an expansion of connnercial space is required given that the addition of net leasable space is anticipated to be less than 500 square feet. Any addition of net leasable space over 500 square feet would require the Applicant to obtain GMQS scoring approval. Applicable Code Sections: 26.445.100(8) Planned Unit Development (PUD) Amendment 26.470.070(E) GMQS Exemption- Expansion of a Commercial Use 26.304.060(8)(1) Combined Reviews To apply, submit the following information: I. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act onbehalf of the applicant. 3. Signed fee agreement. 4. Pre-application Conference Sunnnary. 5. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 6. Proof of ownership. 7. Letter of consent from Condo Association to apply. 8. Proposed site plan. 9. Proposed floor plans and elevation drawings that include the proposed dimensional requirements to be established in the PUD. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 12 Copies of the complete application packet (items 2-10) 1 I. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. - .... Review by: - Public Hearing: Planning Fees: Referral Fees: Total Deposit: r': 1""'"\. .... !-. ... ,.. ,... - Staff for complete application, referral agencies for technical considerations (DRC), Planning and Zoning Commission for review of amendment and GMQS exemption. YesatP&Z $1260 Deposit for 6 hours of staff time (additional staff time required is billed at $210 per hour) $185 (Housing) $1445 ,'" r--, EXHIBIT #4 ORDINANCE NO. 28, (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITYCOONCI:LAPP'ROVlNG A'PROJECt v - .... PRESENTED :eYTHE'ASPEN'ALPSt'ONtibMfNI:ll'lWA~S(jttAft(j~FOR'A- . '. CONSOLIDATEDPtAAAED1J:NttDEVltLOPMENt;ro:ZONlNG;" .... SUBDIVISION AMENDME:NT; ANDGRUWfiflWANXGEmNi"QUd'fA. SYSTEM EXEMPTION FOR LOT'Z'n OFM'dSESLO':F'S:PUt"XNI)A" . REZONING OF THE UNDS.WItrClt'I'NCLtrbltto-T2B;"T1'IJr300; 400; AND"" 700 BUILDINGS OF THE ASPEN ALPS; AND SUi{R()tJNJ)IN"GLA:N'J)S OWNED ' . BY THE ASPEN ALPS CONtiOMlNIUM ASSOC1ATION;wmcltXRE"'" .......,. CURRENTLY ZONED EITBER R~15PUDOlrCONsElt\lXTIONtO LODGE I TOURIST RESIDENTIALPtm (:e/TR POO)'fiI1(ASP"EN--A:L'P;S"-'-' ".' .. CONDOMINIUMS, CITY OF ASPEN, PrTKlNCOtJNfy;co1:.oR:A.DU:'"'''' .,. ..., .... '. ~ ParcelID: 2737-182-56-004 WHEREAS, the Community Development Department received an application from the Aspen Alps CondominiUm Association (Applicant), represented by Alan Richman, requesting land use approvals for a consolidated planned unit development; rezoning, subdivision ameIldment, and growth management quota system exemption for the construction of 3 employee-housing units and a two level sub-grade parking garage. The property on which the construction is proposed to occur is described as LOt 2B of the Moses Lot Split, City of Aspen, Pitkin County, Colorado of the Aspen Alps Condominiums; and, WHEREAS, the Cominunity Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Housing, Environmental Health, .Parks, and Water Departments; and, WHEREAS, upon review of the application, referralconnnents, and the applicable Land Use Code standards, the CoinmunityDevelopmen( Department recommended approval for the proposed land use requests for Lot 2B of the Moses Lot Split including a consolidated . planned - Uiiitdevelopmellt," subdiViSIon amendment, . rezoning for the lands which inClude Lot2B, the 300, 400; and 700 buildings of the Aspen Alps, and surrouilding lands o'Wnedby the Aspen Alps CondominiUm Association, which are currently zoned. either R-15' PUD or Conservation to' Lodge / Tourist" Residential PUD (UTRlPUD)from R-15 PUDto VIR Pun~andGMQSExemptioii;and WHEREAS, the City of Aspen I Pitkin County 'Housing Authority forwarded a recommendation of approviU, by an unanimous vote of six to zero (6 - 0), to the Planning and 'Zoning Commission to approve the proposed three affordable housing units for the employees of the Aspen Alps Condominium Associlition; and' .' .. WHERfAS, the CitYofAspell Plannmg and Zonuig Commission forwardecl'a recommendation of approval, by an unanirrious vote of five to zero (5 - 0), to the City Council to approve the consolidated planned unit development, subdivision amendment, rezoning for the lands which inClude Lot 2B, the 300, 400; and 100 . oUIldings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, .J . 1111111111111111111111111111111111111111111 11111111 ~~~~~;! il ;51~ SILVIA MVIS PITKIN CO~NTY CO R 35.00 D 0.00------,... '" ' -- -~". no _. -:~--:---.~""""-:'."---:---_.;:"~-:-_" ". .. ..... J .;.. ," .' ~,,' .... ;'-'. .....,.... '. I . '", ~.'~ .; '..,..' ".'" . "'n ' . . ,. ~ - ,,' .. . . . .. . . . . '. '. h'..~~ .....:.;.!.,., ~. ~,.'"'i: :";-.~~. . . . .h,..~ ~ .:. .....,..--...,.,; ... .J - .... r-; ,""" r ...... ,-, ..- r- .... ,... ,... , - ,..., ~ ~ ~ ~i - , t"") n which are currently zoned eithe;rR-15 PUD or ConserVation to Lodge I Tourist Residential P1.JD (LITRJPUD)froin R~15 PUD to utR PUD, and GMQS Exemption; arid WHEREAS, the Aspen City Council has niviewed and 60n~idei'edthe development proposal under the applicable provisions of the MUnicipal Code as identified herein, has reviewed and considered the recommendation of the City of Aspen I Pitkin County Housing Authority, the Aspen Planning and Zoning Connnission, the Community Development Director, the applicable referral agencies, and has taken and considered public connnent at a dilly noticed public hearing on August 27; 2001; and; . . WHEREAS, the Aspen City CoUncil ackiiowledged Ordinance 31, Senesl992, which placed certain conditions on the future development of Lot 2El including: . a. The floor area, bedroom and density attribute" to Lots 2A and 2B shall not be utilized by the Aspen Alps Condominium 'Uni'- Owners for' purposes' of increasing the floor area, bedroom number or density of existing or future . Aspen Alps Condominium Units; . . . b. No further development or additional lot area for floor area, bedrooms and additional density or major nttw'recreiltiontil/acilifles such as tennis courts and swimming pools shtill OCCur on said Lots 2A and 2B. . And after reviewing the proposal for the addition of three Affordable Housing' units on Lot 2B, as part of this developineni,is ili. the l:>est interests offue City of' Aspen to modify Ordinance 31, Series 1992 regarding the addition of the three Affordable Housing units on specifically on Lot 2B; and,' . .. . WHEREAS, Ordinance 28, Series 2001 shaI1 effectively modify Ordinance 31, Series 1992, which placed certirin conditions on the future development of Lots 2A and 2B and shall only apply to Lot 2B; and, . . WHEREAS, the City of' Aspen City Council finds that the development proposai meets or exceeds all applicable development standards and that the approva1 of. the development proposal, with conditions, is consistent with the goals and elementS of the Aspen Area Community PI.a1i.; and; . . ..' . . . . WHEREAS, the Aspen City Council, by a vote of five to zero (5 - 0), hereby . . approves a 'consolidated plani:J.ed unit development, rezoill:rig for the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominimn Association to UTR Pun, the subdivision amendment, a:n,d growth management quota system eXemptions for the construction of 3 employee- housing units and a two level sub-grade parking garage on Lot 2B of the Moses Lot Split, . City of Aspen; and;' . . . WHEMAS, the City of Aspen City Council finds that this Resolution ftiithers and is necessary for the promotion of public health, safety, and welfare. " IIIIIIIII~I "~IIIIII 1111111111111111/1/111111111I11 ~~:~J:;!; t : 51r. ,~:~ DAVIS PITKIN COUNTY CO. . .. . R 35,00 . D 0.00 . /':'~, ..~' ....-."...".......,... j '. . . ':'":"".~.:~'.'_. .:. ........~.,..~~~-:... r'- r\ NOW, THEREFORE, BE IT ORDAINED llY TtiEASPEN CtrYCOUNCft'AS FOLLOWS: . Section 1 Pursuant to the procedures and standards set forth. in Title 26 of the Aspen Municipal Code, the request for a consolidated planned unit development, rezoning, subdivision amendment, and growth management quota system exemption, are approved for the construction of 3 employee-housing units and a two level sub-grade parking garage located on Lot 2B;the 300,400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association; which are currently zoned either R-15 PUD or Conservation to Lodge I Tourist Residential are hereby rezoned to UTR PUD, City of . Aspen with the following conditionS: I) That the Applicant shall provide full accessibility to the tennis courts located on top of the garage and that all bathrooms and office and laundry rooms require full accessibility as required by the City of Aspen Building Department; 2) That the Applicant shall designate. specific parking spaces in the garage for the deed-restricted affordable housing units; .' ". 3) That the Applicant shall submit the following plans to the Engineering Department for approval pnor to application for building permit: ~ Construction Traffic Maintenance Plan ~ Construction Erosion Control Plan . ~ Drairiage and Dewatering Mitigation Plan. ~ Noise and Dust Control Plan ~ Soils report ~ Full set of construction plans 4) That the Applicant shall, prioi to excavation, conduct two bores on the Southeast and Southwest comers of the proposed parking garage to determine the level of groundwater. If groundwater is encountered within the proposed excavation, a plan detailing how it will be diverted to the nearbY ininedriiinage ditch is to be submitted to the City of Aspen Water Dipartiiient for approval; ... . . . 5) The Applicant shall agree that if seasonal water, groundwater, or dampness is encountered during excavation, the applicant will need to employ extra measures to make sure the proposed affordable housing uilits do not have mold or mildew problems. The Applicant sh31l agree to consult an englneer if this is the case; 6) That the Applicant shall coIiformto the approved dimensional requirement s for Lot 2B as stated in Table 1. below; 11("U('ItIII"~~1Ji:.;."" ..---1:,.. ;.;".,' ,_.,,-', '-'_"-,<,:!',".,O' ":'''''' ". . , .J _.1. :...;.,'.... ~~, """:'..., '.. .,..... ,.,..~ " "_""'H,.'.',"" ;,,:,':.:':J':,"_",-:~, '~.""~...'" ',.^,," '" "''' ".'." '....,.,,<.~.. .,.,.1 ... ... ,-, ~ ,.,. Table 1. Dimensional Requirements Compillison (units measu.red Infeet or square feet) That the Applicant shall be required by the City or Aspen Environmental Health Department to have the Aspen Alps management notify its contractors about City ordinances prohibiting vehicle idling form.ore than five minutes, and not starting construction work before 7 am; That the Applicani shall be'required to' submit a Fugitive Dust Control Plan to the Environmental Health Department prior to the application Of building jierinitli: 1n addition, the Applicant is aware that there are no 'special regulations pertaining to movement of mine tailings in any area of the Comity or City' of Aspen except those within the Smuggler Mountain Superfund Site bouridary. However, these' soils may contain more . lead or oilier heavy metals than other dirt in the area, and nearby neighbors have aIteady expressed concein to the applicants, Therefore, the . Applicant shall require their contractor to Keep all mine-related soils damp at all times as a dust suppression measure to prohibit the release of particulates into the air. The Applicant shall 'contact the' Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the Applicant shall contact this office before moving soils off the site. The Applicant shall consult with the Environniental Health Department once they have soils test ... ... ~. ... ." r- I"'" - ~ ... 7) - 8) ~, r- ~. .... ~, ... . 60 feet 35,327 5 proposed bedrooms on 35,327 s . ft. 197 feet 197 feet 1 0 feet 5 feet 10 feet 28 feet 10 feet 10 feet N/A N/A N/A N/A 17,5% 17,5% N/A 0,20:1 (7,065 sq. ft.) 5 Spaces in the garage N/A will be devoted to the three units .10 feet 25% 1 :1 2 spaces per two bedroom unit; 1 space er one bedroom unit 1111"1111""11111111111111111111111111 11111 'I'IIIII':~:!~~! r I . SIF "'~"" DAVIS PITKIN COUNTY co R 33.011 D 9.09 ' '.. -" /.....',. .'.. ,,' """. ',..,.", ...-,...... ."':':"-:'~'."..-". . """"""'." .... , /"~'\ /'\ resultS. Finally, the Applicant shall maintain constant dialogue with the Environmental Health Department and include them as a monitor during the excavation of the soils for the project. 9) That the Applicant shall be aware thatthe Director of the EiwlroimieritalHealth Department my require. any person undertaking to conduct activity or development within the site to test any soil or material to establish it's total lead (Pb) content. All testing shall utilize and adhere to protocols established or . approved by the United States:EnVironrnental Protection Agency (pursuant' to .Ordinance 25, Series 1994). . '. . 10)That the Applicant agrees to provide the Aspen Parks Department with an excavation plan that indicates how the proposed excavation will take place for the project; ll)That the Applicant shall provide the City Parks Department with an excavation and landscaping plan for their approval prior to the application of building permits that includes protection teChniques to be employed in the areas marked "trees to be saved if possible" on the currentlandscape plan. If the sprUce trees on the. adjacent property directly to the south (along the fence) that are not marked on the site plan are damaged during excavation, the Applicant agrees to replace all the trees damaged anhe Applicant's expense; . . . 12) That the Applicant shall file an appropriate deed restriction' agreed to by the City . of Aspen Attorney with the' City of ASpen / Pitkfu CoUrity Housing Authority prior to the issuance of building permits and the Applicant shall conduct a site visit and tour of the three employee units with the City of Aspen J Pitkin County Housing Authority Staff prior to the Certification of Occupancy; 13) That theApplicant shall draft a modified subdivision agreement that shan include the decision by City Council to amend the current restrictions assoCiated With Lot 2B of the Moses LOt Split and the subject of this application and present it to the C;ity of Aspen Attorney for approval and shall have this docim:ient recorded with. the Pitkin County Clerk and recorders office; 14) That the Applicant understands that the existing restrictions on Lots 2A and 2B continue after the rezoning occurs. The Applicant agrees' the deed restrictions will not be dissolved by the rezoiring; . 15) That the Applicant amends the plan to provide better access from the employee units to the parking spaces in the garage. Specifically, the Appliciuit shan add a garage access door from the walk arOlind patio inn-ont of the employee units to the top level of the garage where space 41 'is currently proposed. Parking spaces for the employee units shall be reqUired to be dedicated as close to that access door as possible; . '111111111111 111111 1111111111111111 IIIU 11I1I11II11 ~~~~::! r 1 : 51~ R 35.00 D 0.00 ...... ,-"" "-"-'-'-'._~- ../.. . " . , . "'~..,."'~ '"<'~;'. .,.. '.. ,:.. .' . ..... ...", .<,:.."..<.',~~.:", :--.,,, . ..', ,. .. . ~, (""'\ n I"" .... 16) That the Applicant utilize a color treatment such as earth tones for the employee units so that they are effectively blended into the hillside; 17) That the Applicant shall not operate a dry cleaning service' in the laundryfaciHty proposed in the sub-grade garage; r-. .fl"'" 18) That no night time lighting be installed for the tennis courts located above the sub-grade garage; 19) That the Applicant agrees that only Aspen Alps associated vehicles be permitted to use the garage. Specifically, those would be vehicles of the umt oWners, visitors, employee unit residents, for maintenance and Laundry, and Aspen Alps fleet vehicles; and .' ,... - ;,.... 20) That the Applicant has agreed to begin and conduct the excavation for the project only between October 1 and. May 30 of the year(s) of construction oftbe project; 21) That the Applicant agrees to file for recordation a Finall>lat / Plan 1'00 / Subdivision Improvement Agreement to the Pitkin County Clerk aiJ.d RecOrder's Office within 180 days of approval by the City Council indicating all current improvements and conditions of approval for the entire Aspen Alps property as described herein; . ~. ~: ,... 22) The Applicant shall convey an undivided fractional interest (one tenth of 0~01 %) in the. ownership of deed restricted affordable housing uriits to the Aspeil/Pitkin County Housing Authority for the' purposes of complying witr. the recent Colorado Supreme Court Decision regarding rent control legislation, The Applicant may submit an altemative option to satisfy the rent control issue acceptable to the City Attorney. 23) The Applicant shall indemnify and hold' harmless the ASpentPitkinCounty Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership of the deed restricted affordabie housing units. ,..., ,..... r-- Section 2: . The Officiiu ZOne District Map oftlie City of Aspen shall be,'and is hereby ainendedby the Connnunity Development Director to reflect rezoning of the lands whjch include Lot 2B, the 300, 400, and 700buildil1gs ofilieASpeiiAJps,iiildsUIT<)iinOiiiglanas'.ownedbyfue. .. Aspen Alps Condominium Association, which are currently zoned either R-JS PUO or . Conservation to Lodge / Tourist Residential PUD (UTRlPUO). .. .. ,.. "..' ~. Section 3:. . All material representations and commitments made by the applicant pursuant to this . appliCation, whether in public hearings or documentation presented before the Historic Preservation Commission, Planning and Zoning Commission, or City Council, are hereby --, I IlllllllUlI I 1111111I III 111111111111 III ~~~~~;! i1:51~ . SILVIA DAVIS PITKIN COUNTY co R 35,00 D 0.00 , " .~. -. -.- ..-. -'--~'''--~'~'-'~-'' ~-~.- . - ..,~ .--' --._--_.__.~-_._. .- .... ---..,...--------: "'" /~\ ~" incorporated in such plan approvals arid the same shall be complied with as if fully set forth . herein, tmless amended by an: authorized entity. Section 4: This Ordinance shall not effect any existing litigation and shall not' operate as an abatement. of any action or proceeding now pending under or by virtue of the ordinances repealed or . amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: . . If any section, subsection, sentence, Clause, phraSe, or portion: of this ordinance is for any reason held invalid or unconstitutional in a court or competent jurisdiction, such portion . shall be deemed a separate, distinct and independent provision: and' shall not affect the validity of the remaining Portions thereof. . INTRODUCED, READ AN1)ORl>1t.REDPUlJtlSHEDaS'proVidedbYIaw; hyfueCity . , /t9.9iii11ci~~(~e City of Aspen on t:liis 23rd day ofJuiy, 2001, :",' ",,"-'J.; "-;, "," . .,.. <;.; Attest: .... . \ '~'. ~ " '. 'JJ' " S' '.. ':~'~..~t!i~.~.' \h, City Clerk '.,'J"'~\~ if/ , "8fH_:~ FINALLY, adopted, passed and approved this 27th Day of August, 2001. .': ".r.: Ii t .' " '\~ttest;:~ . /:0 . ;~~ f:/ . '~;i: i- .' , . -"....'. .Kathryn g.: . o,ch, Ci '. - ~.-\.., ;. .' " . "...... . C'fJ' ......,~ ,...." .' '~'" . . ( 0 ~" ,." " .~f;;;; ....... ..~"~~',i' ..' , ;'.t. "<., ~. "", . . . . 4lf~~ astororm: ~f7"'~ ,4-: n orces or, City Attorney " """".. "':"":"". . I 11II IIIJIIIIIU 1I11111~ /11/11111111 :~~~~:! :I:m .~.~_OAVIS PITKIn'COUNTY co' R 35.00 D 0.00 .,i,., .....:;;.,...-. , _, _ h_ ..':. . . ..' . '-;":.<:..;;'::.. j J ] ,,1 .1 -,,-Ii '.1 ,j , ...........;;.,:,..,. J. ,n' . 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