HomeMy WebLinkAboutLand Use Case.777 Ute Ave.0002.2005.ASLU
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THE CITY OF AsPEN
City of Aspen Community Development Dept.
CASE NUMBER
0002.2005.ASLU
PARCEL 10 NUMBER nnI8-2-39-001
PROJECT ADDRESS 777 UTE AVE
PLANNER
CHRISTOPHER
LEE
CASE DESCRIPTION FINAL PUD AMENDMENT
REPRESENTATIVE ALAN RICHMAN 920-1125
DATE OF FINAL ACTION 1/21/2005
CLOSED BY Denise Driscoll
MEMORANDUM
TO:
Chris Bendon, City of Aspen Community Development Director
FROM:
Chris Lee, Planner
RE:
Insubstantial PUD Amendment - 777 Ute Avenue
DATE:
January 3, 2005
SUMMARY
The 777 Ute Condominium Association, represented by Alan Richman Planning
Services, requests an insubstantial amendment that would permit each of the unit owners
to enclose certain exterior decks/patios if so desired.
BACKGROUND
777 Ute Avenue received final approval from the City of Aspen in 1988. The project was
not initially designated with PUD zoning. The application process for the structure
required subdivision approval and a growth management allotment. In 2001 the property
was rezoned to LTRlPUD. During that year, as part of the overall rezoning of the Aspen
Alps, the property was designated LTRlPUD pursuant to Ordinance 28, Series of 2001
(Exhibit B).
This Insubstantial Amendment application was initiated when a current member of the
777 Ute Condominium Association queried about the possibility of enclosing his deck.
The Condominium Association determined that instead of simply addressing that specific
request, it would seek an insubstantial PUD amendment that would address each potential
request to enclose decks/patios that may arise in the future.
It was determined in the pre-application meeting between Alan Richman and Staff that
the application could be done as an Insubstantial Amendment because the structure is
currently under the allowable FAR threshold and the additional square footage created by
the proposed deck enclosures, would not push it above the allowable FAR level.
STAFF FINDINGS
Staff finds that the standards of review for an Insubstantial PUD Amendment have been
met (see Exhibit A). The Applicant has proposed that a total of twenty three (23)
decks/patios on three levels be included in this Insubstantial Amendment. Those are
represented on the included floor plans and elevations (Exhibit D) by the amount square
footage would be increased if enclosed. The Applicant is only allowing said enclosures
on the back side of the building where they won't alter the character of the structure.
Staff has prepared the following table to illustrate how many decks/patios could
potentially be enclosed on each level and each unit, as well as the total increase in square
feet to the building size:
_..._.-~
~
Unit # Main 2nd Level* 3rd Level* Total # Total Sq.
Level* Decks Ft.
I 69 - 79 89 3 237
2 58/108/108 0 274
J
3 42-42-47 42/42/47/69 7 331
4 62 62/62 3 186
4A 82 I 82
5 62 62 2 124
5A 82 I 82
6 82 62 62 1 206
Grand
Totals = 520 465 537 23 1522
* Square feet of each enclosed deck/patio
If all twenty three (23) decks/patios in the above chart were enclosed, the additional
square footage would not increase the total building square footage to a point that would
exceed the allowable FAR. Currently the square footage of the structure is 19,775 sq. ft.
and that would be expanded to 21,297 sq. ft. with full build-out. The lot size is 21,474
sq. ft. Given that the L/TR zone district allows for a I: I floor area ratio, the allowable
FAR is 21,474. The total FAR with all designated decks/patios being enclosed would be
21,297 sq. ft., which is still below the allowable level.
Allowing the enclosure of these small deck areas will not significantly affect the
character of the structure. It will allow for all residents at 777 Ute Ave. to utilize the
deck space either as exterior or exterior at their discretion, and will alleviate the burden
on Staff of potentially dealing with separate applications in the future. Therefore, Staff
finds that all standards for review for an insubstantial amendment have been met and that
there is a community interest for providing said amendment.
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
I hereby amend the PUD for 777 Ute Avenue to allow for the enclosure of existing deck
spaces finding that all standards for review have been~~~ ~~s a community
interest for providing such an amendment. At"t"HUVt:LI
C~W)~
Chris Bendon, Community Development Director
JAN 0 4 2005
CCIAlIHTY OEVEI.OPMIM' IJIPoECTQl
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Date
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ATTACHMENTS:
Exhibit A - Review Criteria and Staff Findings
Exhibit B - Ordinance 28 (Series of2001)
Exhibit C - Letter of Request
Exhibit D - Floor Plans and Elevations
Exhibit A
Review Criteria & Staff Findings
Insubstantial PUD Amendment.
Per Section 26.445.100 ofthe Land Use Regulations, An insubstantial amendment to an
approved development order for a final development plan may be authorized by the
Community Development Director if the following review standards are met:
1. A change in the use or character of the development.
Staff Findinl!:
The use of the development will not change. There is potential concern about a change to
the character of the structure by enclosing the decks (by a reduction to the amount of
positive and negative space on the building exterior). However, the elevations indicate
that the character of the building won't change significantly. Especially since only the
decks on the back side of the building (South and West sides) are included in this
application. The appearance of the building, for the vast majority of people that approach
it from either Ute A venue or Original Street, will change very little.
2. An increase by greater than three (3) percent in the overall coverage of structures on
the land.
Staff Findinl!:
The deck enclosures will all be contained within the building foot print as it now exists.
The applicant seeks only to enclose existing spaces, hence there will be a zero (0) percent
increase of the overall coverage of the structure. Staff finds this criterion to be met.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demandfor public facilities.
Staff Findinl!:
Trip generation will not be increased since these enclosures will not create additional
bedroom space that would increase the numbers of tenants. Staff finds this criterion to be
met.
4. A reduction by greater than three (3) percent of the approved open space.
Staff Findinl!:
There will be no reduction of open space. Staff finds this criterion to be met.
5. A reduction by greater than one (1) percent of the off-street parking and loading
space.
Staff Findinl!:
...
There will be no changes to parking and loading space. Staff finds this criterion to be
met.
6. A reduction in required pavement widths or rights-olwayfor streets and easements.
Staff Findinl!:
There will be no change. Staff finds this criterion to be met.
7. An increase of greater than two (2) percent in the approved gross leasable floor area
of commercial buildings.
Staff Findinl!:
Not applicable to this residential building.
8. An increase by greater than one (1) percent in the approved residential density of the
development.
Staff Findinl!:
Residential density of the development won't increase. Staff finds this criterion to be
met.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a further variation from the project's
approved use or dimensional requirements.
Staff Findinl!:
Staff believes that this reconfiguration of interior space isn't significant enough to require
a variance and that it is not inconsistent with a condition or representation of the original
approval. Staff finds this criterion to be met.
&\\)O.~ b
ORDINANCE NO. 28, (SERIES OF 2001)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APP'ROVING A PRomer
PRESENTED BY THEASl'l:NALl'ScbNJ)bMfN.ttJ'MAS-sbeiAnoNFoiiA
CONSOLIDATED PLANM:D UNll'Dl:VEtJ)PMENT,REtONINC;
SUBDIVISION AMENDME'N'r, AND GROWTH MANAGE:M'ENTQ'UOTA
SYSTEM EXEMPTION FOR LOTZlJ OF MOSEStO't"SPtITANb A
REZONING OF THE I..ANDS WlITdfINCLtJ'Dl:t;(JT2B,THE"300, 400, AND
700 BUILDINGS OF THE ASPEN ALl'S, ANDSUJ1:R.btJ'NDINGtANl.>S bWNED
BY THE ASPEN ALPS CONDOMINIUM ASSOCIA nON", wmCIiARE .
CURRENTLY ZONED EITHER R~j5 PUDORCONSl:RV ATION TO LODGE /
TOURIST RESIDl:N1'IALPvD(VfR pvD)~A~rfEN"'ALPs'
CONDOMINIUMS, CITY OF ASPEN, PITKIN "COUNTY, COLORADO:
ParcellD: 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 amendment, 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 ofthe
Moses Lot Split, City of Aspen, Pitkin County, Colorado of the Aspen Alps
Condominiums; and,
WHEREAS, the Community 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, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommended approval for the proposed land use requests for Lot 2B of the Moses Lot
Split including a consolidated planned unit development, subdivision amendment,
rezoning 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 Condominium Association,
which are currently zoned either R-15 POO or Conservation to Lodge / Tourist
Residential POO (L/TR/POO)from R-15 POO to L/TR POO, and GMQS Exemption; and
WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a
recommendation of approval, 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 Association; and
WHERl:AS, the City of Aspen Ffanning and Zoning Commission forwarded a
recommendation of approval, by an unanimous 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 700 buildings of the
Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association,
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which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist
Residential P1.JD (L/TRlPUD)from R-15 PUD to UTR PUD, and GMQS Exemption; and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the City of Aspen / Pitkin County Housing
Authority, the Aspen Planning and Zoning Commission, the Community Development
Director, the applicable referral agencies, and has taken and considered public comment at a
duly noticed public hearing on August 27, 2001; and,
WHEREAS, the Aspen City Council acknowledged Ordinance 31, Series 1992,
which placed certain conditions on the future development of Lot 2B including:
a. The floor area, bedroom and density attributed to Lots 2A and 2B shall not
be utilized by the Aspen Alps Condominium Unit 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 new recreational facilities such as tennis courts
and swimming pools shall 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 development, is in the best interests of the 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 shall effectively modify Ordinance 31,
Series 1992, which placed certain 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 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 City Council, by a vote of five to zero (5 - 0), hereby
. approves a consolidated planned unit development, rezoning 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 Condominium Association to UTR PUD, the subdivision amendment,
and 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,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
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SILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00
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NOW, THEREFORE, BE IT ORDAINED BY 1lIE' ASl'l:N CITY COUNctL 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 POO or
Conservation to Lodge f Tourist Residential are hereby rezoned to LlTR POO, City of
Aspen with the following conditions:
1) 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 prior to application for building permit:
~ Construction Traffic Maintenance Plan
~ Construction Erosion Control Plan
~ Drainage and Dewatering Mitigation Plan
~ Noise and Dust Control Plan
~ Soils report
~ Full set of construction plans
4) That the Applicant shall, prior 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 diverte.d to the nearby mine drainage ditch is to be
submitted to the City of Aspen Water Departi'l1imt 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 uuits do not have mold or mildew
problems. The Applicant shall agree to consult an engineer if this is the case;
6) That the Applicant shall conform to the approved dimensional requirement s for
Lot 2B as stated in Table I below:
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Table 1. Dimensional Requirements Comparison
(units measured in feel or square feet)
6,000
1 bedroom / 1,000 sq.
ft.
60 feet
197 feet
35,327
5 proposed bedrooms
on 35,327 s . ft.
197feet
1 0 feet
5 feet
1 0 feet
28 feet
10 feet 1 0 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
1 0 feet
25%
1 :1
2 spaces per two
bedroom unit; 1 space
er one bedroom unit
7) That the Applicant shall be required by the City of Aspen Environmental Health
Department to have the Aspen Alps management notifY its contractors about City
ordinances prohibiting vehicle idling for more than five minutes, and not starting
construction work before 7 am;
8) That the Applicant shall be required to submit a Fugitive Dust Control Plan to the
Environmental Health Department prior to the application of building permits. In
addition, the Applicant is aware that there are n.o special regulations pertaining to
movement of mine tailings in any area of the County or City of Aspen except
those within the Smuggler Mountain Superfund Site boundary. However, these
soils may contain more lead or other heavy metals than other dirt in the area, and
nearby neighbors have already expressed concern 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 Environmental Health Department once they have soils test
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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 that the Director of the Environmental Health
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 Environmental 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;
11) 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 current landscape 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 at the 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 I Pitkin CoUnty 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 / Pitkin County
Housing Authority Staff prior to the Certification of Occupancy;
13) That the Applicant shall draft a modified subdivision agreement that shall 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
City of Aspen Attorney for approval and shall have this document 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 rezoning;
15) That the Applicant amends the plan to provide better access from the employee
units to the parking spaces in the garage. Specifically, the Applicant shall add a
garage access door from the walk around patio in front 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;
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SILVIR DAVIS PITKIN COUNTY CO R 35.00
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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 laundry facility
proposed in the sub-grade garage;
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 unit 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 ofthe project;
21) That the Applicant agrees to file for recordation a Pinal Plat / Plan PUD /
Subdivision Improvement Agreement to the Pitkin County Clerk and 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 units to the AspenlPitkin
County Housing Authority for the purposes of complying with the recent
Colorado Supreme Court Decision regarding rent control legislation. The
Applicant may submit an alternative option to satisfy the rent control issue
acceptable to the City Attorney.
23) The Applicant shall indemnify and hold harmless the AspenlPitkin County
Housing Authority and City of Aspen from any claims, liability, fees or similar
charges related to ownership of the deed restricted affordable housing units.
Section 2:
The Official Zone District Map of the City of Aspen shall be, and is hereby amended by the
Community Development Director to reflect rezoning of the lands which include Lot 2B,
the 300, 400, and 700 buildings ofthe Aspen Alps, a1id surrouridingli!ndSowned by the
Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or
Conservation to Lodge / Tourist Residential PUD (L/TR/PUD).
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
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incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein, unless 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 of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity ofthe remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
"Q9iili'ci1 o(the City of Aspen on this 23m day ofJuly, 2001.
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FINALLY, adopted, passed and approved this 27th Day of August, 2001.
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December 29, 2004
Mr. Chris Lee, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: INSUBSTANTIAL PUD AMENDMENT FOR 777 UTE AT THE ASPEN ALPS
Dear Chris,
This is an application for an insubstantial PUD amendment for the project known as 777
Ute at the Aspen Alps. The project is located at 777 Ute Avenue, and is part of the Aspen
Alps. The complete legal description of the property can be found on the recorded
condominium plat, which is included in this application package.
The purpose of this application is permit each of the unit owners to enclose certain of the
decks on the exterior of their unit. The decks that are proposed to be enclosed are
identified on the floor plans that are included in this application package. Exterior
elevations showing how the units will appear after the enclosures are completed have also
been provided.
This application is being submitted by the 777 Ute Condominium Association, the owner of
the property (hereinafter, "the applicant"). Proof of the ownership of the property is
provided by Exhibit #1, a letter from the Condominium Association's legal counsel.
Authorization for Alan Richman Planning Services to represent the Condominium
Association for this application is provided by Exhibit #2.
We held a pre-application conference with you on December 16, 2004 and you provided us
the attached Pre-Application Conference Summary Form (see Exhibit #3). This document
confirms that the following land development approvals are required by the Aspen Land Use
Regulations to accomplish this project:
Insubstantial PUD Amendment, pursuant to Section 26.445.100 A.
The applicant also seeks Vested Rights for the project.
The following section of this application identifies the standards of the Aspen Land Use
Regulations that apply to these procedures and provides a response to each standard.
.
-
:)
Mr. Chris Lee
December 29, 2004
Page Two
Insubstantial PUD Amendment
Section 26.445.100 of the Land Use Regulations authorizes the Community Development
Director to approve an insubstantial amendment to an approved final PUD plan. It also
provides that in the absence of an approved PUD plan, a survey of existing conditions may
be used to evaluate the extent of the proposed change.
777 Ute Avenue received final approval from the City of Aspen in 1988. The project was
not designated as a PUD at that time, and only required subdivision approval and a growth
management allotment. Subsequently, as part of the overall rezoning of the Aspen Alps in
2001, the property was rezoned to LTR/PUD pursuant to Ordinance 28, Series of 2001.
The applicant has completed an evaluation of existing conditions as part of this application.
This analysis confirmed that the lot area of the property is 21,474 sq. ft. and determined that
the existing improvements consist of 19,775 sq. ft. of floor area. Since the UfR zone district
permits a 1:1 floor area ratio, the property's maximum allowable floor area is 21,474 sq. ft.
Therefore, the project has 1,699 sq. ft. of floor area remaining to be built.
The applicant proposes to develop approximately 1,511 sq. ft. of floor area by enclosing the
designated decks. Therefore, there will still be approximately 188 sq. ft. of floor area left
for development after this project is completed.
The standards for review of an insubstantial PUD amendment can be found in Section
26.445.100 (A) of the Aspen Land Use Regulations. It identifies 9 circumstances which shall
not be considered an insubstantial amendment. Following are the applicant's responses to
each of these provisions:
A. The following shall not be considered an insubstantial amendment:
1. A change in the use or character of the development.
Response: Enclosing the decks will not change the character of 777 Ute Avenue. The
elevations clearly dernonstrate the minimal change that will come from this activity.
2. An increase by greater than three (3) percent in the overall coverage of stTUctures on the
land.
Response: The replacement will not increase the overall coverage of structures on the
property, since the decks already exist and are simply being enclosed.
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Mr. Chris Lee
December 29, 2004
Page Three
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
Response: Enclosing the decks will have no effect on trip generation or the demand for
facilities.
4. A reduction by greater than three (3) percent of the approved open space.
Response: No change in the approved open space is planned.
5. A reduction by greater than one (1) percent of the off-street parking and loading space.
Response: No change in the approved parking is planned.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
Response: No changes to any street or easement are planned.
7. An increase of greater than two (2) percent in the approved gross leasable floor area of
commercial buildings.
Response: This is not a commercial building, so this is not applicable.
8. An increase by greater than one (1) percent in the approved residential density of the
development.
Response: No change in the approved residential density is planned.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a variation from the project's approved use
or dimensional requirements.
Response: To the best of the applicant's knowledge, this proposal is not inconsistent with
any condition or representation of the original approval. It does not require any variation
to be granted.
Vested Rights
Pursuant to Section 26.52.080 of the Aspen Land Use Regulations, the applicant hereby
requests that this development be granted vested rights status.
-.
:;
Mr. Chris Lee
December 29, 2004
Page Four
Conclusion
In summary, the applicant has submitted all of the materials requested during the pre-
application conference. We have responded to the applicable standards of the Aspen Land
Use Code and have demonstrated our compliance with said standards. Should any reviewing
agency request additional information, or need for us to clarify any of the statements made
herein, we will respond in a timely manner. Please feel free to contact us as necessary.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
J4,.~ L:J
Alan Richman, AICP
,....
EXHIBIT #1
:)
LAW OFFICES OF
LEONARD M. OATES
RICHARD A. KNEZEVICH
TED D. GARDENSWARTZ
DAVID 8. KEllY
OATES, KNEZEVICH & GARDENSWARTZ, P.C.
PROFESSIONAL CORPORATION
THIRD flOOR, ASPEN PlAZA BUilDING
533 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
TELEPHONE (970) 920.1700
FACSIMILE (970) 920.1121
Imo".ICokgJ8w.com
OF COUNSEL:
JOHN T. KELLY
MARIA TICSAY
December 27, 2004
City of Aspen
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
HAND DELIVERED
Re: Authority of The Aspen Alps Condominium Association to Act on Behalf of 777 Ute
At - The - Aspen Alps, a Condominium
To Whom it May Concern:
This letter is made and delivered in connection with the Land Use Application of The Aspen Alps
Condominium Association (the "Association") made on behalf of the condominium unit owners in 777 Ute
At - The - Aspen Alps, a Condominium (the "Project"), to convert certain portions of the common elements
in the form of balconies appurtenant to the Project into portions of the air space condominium units. We
advise that we were the drafters of the Condominium Declaration for the project.
Pursuant to the Condominium Declaration, the Association is the governing entity of the Project.
Pursuant to Section 7.10 of the Condominium Declaration, each owner in the Project constitutes the
Board of Managers of the Association as their attorney-in-fact for purposes of dealing with the common
elements.
Therefore, we advise that the Association is properly authorized to file the land use application for
conversion of common elements to in to air space units with the City of Aspen Community Development
Department.
Very truly yours,
OATES, KNEZEVICH & GARDENSWARTZ, P.C.
BY~I:r4iPf- 0}&
Leonard M. 0 es
LMO/cec
C:\LMO Data & Fonns\Data\Clients\Aspen Alps\Baechle Conversion of Common Elements\LTR Community Development Department 12.27.04.wpd
ALAN RICHMAN
97B92el125
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P.02
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EXHIBIT #2
Mr. Chris Lee, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: INSUBSTANTIAL PUD AMENDMENT FOR 777 UTE AT THE ASPEN ALPS
Dear Mr. Lee,
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 for our condominium
property. Alan Richman is authorized to submit those land development applications
necessary to make an insubstantial PUD amendment to allow certain decks on our
townhomes to be enclosed. Mr. Richman is also authorized to represent us in meetings witb
City of Aspen staff and the City's review bodies.
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,
~cd/~
~~~odeen. President
777 Ute Avenue Condominium Association
c/o The Aspen Alps
700 Ute Avenue
Aspen, Colorado 81611
(970) 925-7820
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
~
EXHIBIT #30
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
DATE: 12/17/04
Chris Lee, 970.429.2759
777 Ute Avenue Townhomes Insubstantial PUD Amendment
Alan Richman (Alan Richman Planning Services)
777 Ute Condominium Association
o Step - Community Development Director Approval
The Applicant is seeking an amendment to the PUD on the property that would
allow for any of the patio spaces, on any level of the building, be converted to
covered living space if the owner(s) so desired. This is considered an Insubstantial
PUD because there is enough allowable FAR remaining, that even if all the patio
spaces were built out the maximum allowable FAR would not be reached.
Land Use Code Sections
26,304 Common Development Review Procedures
26.410 Residential Design Standards
26.445 Planned Unit Development
26.710.190 Zone District UTR
Review by:
Approval/Denial by:
Public Hearing:
Referral Agencies:
Planning Fees:
Ref. Agency Fees:
Total Deposit:
Community Development Staff
Community Development Director
N/A
Zoning, Building
Staff Approval Fee - $546
N/A
$546 (additional planning hours over deposit amount billed at a rate of $220/hour)
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement along with fee.
3, Applicant's name, address and telephone number in a letter signed by the applicant that states the
name, address and telephone number of the representative authorized to act on behalf of the
applicant.
4. Completed Land Use Application form.
5, Certified plat of the property along with architectural drawings of the proposed changes.
6, 2 copies of entire package.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning, which is subject to change in the future and upon factual representations that mayor may not
be accurate. The summary does not create a legal or vested right.
-.
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ATTACHMENT 2 -LAND USE APPLICATION
ApPUCArH:
Name:
111 v~ ...-\ ~ ~~ M.~..
,1'1 V\L ~~"'''''''' . ll,..('e,,,-
(Indicate street address, lot & block number, legal description where appropriate)
Location:
ParcellD # (REQUIRED)
REPRESEI\'T A TlVE:
Address:
~ ,A'" 0"",- '^_
~.o)(. ~"'\'l ~~ 'Su.\).
"\'10- otl.O -\ \1..>
Name:
Phone #:
PROJECT:
~ame: .., ~ 1>,(I,."t.
.Address: c.\.. ~I'"-> Il.r\ ~'j
Phone #: "'0 - ,\"\-'f. 'l'ir<.o
TYPE OF APPLICATION: (please check all that apply):
""\00 v~<:.- A.ut."""<. ~t't-
10 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
0 Special Review ~ Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
'0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
10 GMQS Exemption 0 Subdivision 0 Historic Designation
:0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion'
I Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
10 Lot Split 0 Temporary Use 0 Other:
10 Lot Line Adjustment 0 Text/Map Amendment
EXISTI:\G CONDITIONS: (description of existing buildings, uses, previous approvals, etc,)
~ e..'t-- A-l,},....... ~ \.....~ A.-...Q \)^""'-> ''''j ~
PROPOSAL: (description of proposed buildings, uses, modifications, etc,)
<; ~ ~ ~ \<.-.\\t" A-v. 0 I,)~ J "')I
Have you attached the following? FEES DUE: $ ~,,\.
~ Pre-Appl ication Conference Summary
~ Anachment #], Signed Fee Agreement
o Response to Anachment #3, Dimensional Requirements Form
~ Response to Anachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must be folded and a /loppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application,
RET~NFORPERMANENTRECORD
,..~,ALAN RICHMAN
971392131125
'"
P.83
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
.^l!r~Cllicllt for Pn\'1l1tut nf City or Asncn DC'velonmtnt Application Fees
': IT\' OF ASFeN (li.r<l".lkr CITY) and
,h""",.t11er APPLICANT) AGREE AS FOLLOWS
~'l,
V-\r>
APPLICANT Ii,,, ,ub]~i"<ij 10 CITY 0" aj'pli
_ "5--'w '0<'-\". Q " Ii
'1'""';"<1j\<r. THE PROJECT]
") APPLICANT uI1iJerst.1.nds Ilnd agrees (hat City of Aspen Ordin<\l1ce No. 57 (Sl.:nc~ 01' ~()U{ll
;.:"t;,.,bh:oIH!::i ~\ fEe stl'lIctlll'e 1'01. Land Use <Ipplicntio"s nnd the payment of all pl'ocessing fees is a condilillli pre~'l.'JL'I1t
!,\;I dClt!rmil\(1.{iun or JppliC:lllOn compleleness,
J APPLICANT :111d CITY agl'e~ thilt bec<1use ofthc size. naIlH"e or scope orthc proposL'rJ rro.il.'Ct. 1\
1-; 11\'1 p(l~~iblc <It this time 11..1 ascertain the full exttnt of t11e. costs involved in proce.ssing th~ ilpplic:ili(,,;l"I,
\)IPUCANT ~ll1d CITY f~lnher ::lg,rce: thnt it is in Ihe interest of the parries that APPLICANT 1'1akt: puym~nl Ill' ;\!1
IIli:lid dcroSil i1nd to thereafter f'Cl" 111 it additional COStS 10 be billed to APPLICANT on <l n\ol1lh]~ b,I:-'I:-
.-\llPl.lCANT i\gr~e:;: ;1dJition.Jl costs mfLY ncefue following their hearings llnd/ol" ilppro\lals. APPLICANT ;.Igr~~::i 10;:
\~ 1:1 h~ b'~llefitl..'d by n:\;\illing greater cash liquiJity ~'nd \I..ill makt: addiTional payments upon I1ntilic(H.iun h~ lh~'
('! 1'1' \\'h~1) they an! fl.;-Ciess('\ry ,IS enSIS ar~ Incurred. CITY ~lgrees it will be hel1eljt~d through lilt !;ro..:;lh:r (\..'l"\illl1t:,.
,,1 rL'(O~'~nng its full co~ts 10 prllCess APPLtCANTS applic;Hion.
J CITY ~nd APPLICANT Curther :lgre~ thai it isirl1practic:J.hle rOf CITY ~l<1IT I.ll complt'!i.':
!'I(l,,:l..'~;..ln:-:'l'll. pn::-;cllt :-;urlicient i~1r(lrmnliOtlI0 the Planning Cornmi5sion and/or Cil)' (o\1l1cil tCJ eni:lblr: thl! PIWlIling
C"Il~lllll~\itl!1 .111dior City Counc'il Ie.) l11ilke legnlly required findings for project cOI1$.idcratiol1. llnll.:ss C1I1Tcnl hilllJ1J;_)
,];,' p;11J \11 full prior 10 deci:;iol1.
Therelore, APPLICANT agrees lhat in consideralion of the CITY', \\'oiv" of ]IS !'Iglil ]0 cDlleu
1'ul! i'tl:5 priM \0 n detel'n1l11;1tiOI1 Or ~pplkation completeness, APPLICANT shall P;:l:Y ;"n initiol dr.:ro~il in th..:
;1I:\(;\lnt ('If $ ~ ~~ ,_ \\hich is for _1.._~.1-.- hours of c.ommunity Developl11cnl staff ume, ,111d if .l~'!\lal
:.t:,.\'rl.kJ I.:O~t:-; ~:\:ctt.::d lh~ illilinl dt:po~it. ArpUC^NT sh("lll pay additional monthly billings {O CITY to r\.'lml~lIr~(:
th( CITY fl)r {h~ prl)(:c~~lng of 11~e applic()linn men(joned flbovc, including post dpprO\lall'evle\'" ~lt J I.at'.: ot" S20~ .(j{J
I~I..'~. pl;ll1n~r hour ovel' the inltlal deposIt, SLICh periodlc payments shall be made Within 30 dnys of 1111..' billin~ dill,;.
';ITL.lC^:-JT further agree$lh;1t t11i)ure to pay sllch accn.led cost.s shall be ground::: fOl" suspension ofpnlcess1n;;. ~1!1d
<1\ 11\1 c:\SC u'illl.)uilJillg permils b~ issued until JII costs nssoclCltcd with case. processing havE: b~t:11 paid
CITY 0" ASPEN
APPUCANT
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,fttfi.....AIIII.'\'''fJ.., CAr):.s GU)&otJ
C(llllln llnity Development l)ircctur
lly:~l7'7 ~j tJ ')t)i!1 \Aaf.b2:? /1/1
D"l.: .' '\?.h'il\o1 41( N;:c-() NF
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~1ailing Address, '7 .,
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RET~NFORPERMANENTRECORD
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Adctess
Cly IASPEN
p..mi jii"nn.iiOn-
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Project I
D..cription IFINAL PUD AMENDMENT
Stbmlt.d IAlAN RICHMAN 920.112S
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Pelmit # IOOO2.2005,ASLU
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Slaterco-:J Zip 181612
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Last N"",.IASPEN ALPS CONDOMINI ~ Fo.t Name I
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700 UTE AVE
ASPEN CO 81611
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