HomeMy WebLinkAboutLand Use Case.314 E Hyman Ave.00063.2005.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0006.2005.ASLU
PARC&lID NUMBER 2737-07-3-38-007
PROJECT ADDRESS 314 EHYMANAVE
PLANNER JAMES LINDT
CASE DESCRIPTION SPECIAL REVIEW, GMQS EXEMPTION, SUBDIVISION
REPRESENTATIVE V ANN ASSOC 925-6958
DATE OF FINAL ACTION 7/18/2006 12:(
CLOSED BY Denise Driscoll
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SUBDIVISION AGREEMENT
FOR
MOTHER LODE SUBDIVISION
~THIS SUBDIVISION AGREEMENT is made and entered into this ~j,rJlday of
, 2005, by and between THE CITY OF ASPEN, COLORADO, a
municip" corporation (hereinafter referred to as "City"), and GORDON L.
WHITMER and HOWARD ROSS, PARTNERS, a Colorado general partnership
(hereinafter referred to as "Owner"),
WIT N E SSE T H:
WHEREAS, Owner has submitted to the City for approval, execution and
recordation a Subdivision Plat of a parcel of land situated within the City of Aspen,
Colorado and more particularly described as Lots Nand 0, Block 81, City and Townsite
of Aspen, Colorado (hereinafter referred to as the "Subdivision Plat"), said property
being hereafter designated and known as the "Mother Lode Subdivision"; and
WHEREAS, City has fully considered the Subdivision Plat, the proposed
development and improvement of the lands therein, and the effects of the proposed
development and improvement of said lands on adjoining or neighboring properties and
property owners; and
WHEREAS, under the provisions of Ordinance No. 25 (Series of 2005) adopted
by the Aspen City Council on May 9, 2005, the City has imposed certain conditions and
requirements in connection with its approval of the Mother Lode Subdivision and its
execution and recordation of the Subdivision Plat, such matters being necessary to
protect, promote and enhance the public welfare; and
WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully
perform the conditions and requirements imposed by the City in approving the Mother
Lode Subdivision and the Subdivision Plat; and
WHEREAS, under the authority of Section 26.480.070.D of the Aspen
Municipal Code, City is entitled to certain financial guarantees to ensure that the
required public facilities are installed, and Owner is prepared to provide such
guarantees as hereinafter set forth; and
WHEREAS, contemporaneously with the execution and recording of this
Subdivision Agreement, and pursuant to Section 26.480.070.A of the Aspen Municipal
Code, City and Owner have executed and recorded the Subdivision Plat in Plat Book
_ at Page _ as Reception No. in the Office of the Clerk and Recorder of
Pitkin County, Colorado.
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NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, the approval, execution and acceptance of the Subdivision
Plat, and for other good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
ARTICLE I
ZONING AND REGULATORY APPROVALS
1. Pursuant to Resolution No. 31 (Series of 2004) adopted on November 17,
2004 and recorded as Reception No. 506947, the Historic Preservation Commission
("HPC") granted conceptual review approval to the project. The HPC also reduced the
project's on-site parking requirement to four spaces and waived the cash-in-lien
payment for any additional required spaces.
2. On February 8, 2005, the Director of the Community Development
Department approved two administrative GMQS exemptions for the project pursuant to
Section 26.470.070.D.3.a and Section 26.470.070.D.2.a of the Aspen Municipal Code.
The exemptions permit:
(a) The enlargement of a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures intended for commercial or office
purposes; and
(b) The enlargement of a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures for the addition of one free market
dwelling unit.
3. Pursuant to Resolution No. 12 (Series of 2005), the Aspen Planning and
Zoning Commission recommended that the Aspen City Council approve the Mother
Lode Subdivision and a GMQS exemption for the project's on-site affordable housing
units, and granted:
(a) Special review approval to pay cash-in-lieu of the required
pedestrian amenity space;
(b) Special review approval to establish the project's affordable
housing parking requirement;
(c) Special review approval to vary the dimensional requirements of
the proj ect' s trash and utility service area; and
(d) A GMQS exemption for the construction of more than one free
market dwelling unit on a historically designated property.
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4. Pursuant to Ordinance No. 25 (Series of 2005) adopted on May 9, 2005
and recorded as Reception No. ~e~7, the Aspen City Council approved the
Mother Lode Subdivision, with conditions, approved a GMQS exemption for the
project's on-site affordable housing units, and approved the eventual
condominiumization of the project to define the separate ownerships therein by the
recording of a condominium plat in compliance with the current (at the time of
condominium plat submission) plat requirements of the City Community Development
Engineer.
5. Pursuant to Resolution No.Z~ (Series of2005) adopted on May 25,2005
and recorded as Reception No.~Z37e:-the HPC granted Final HPC Approval for
the project, and also granted Commercial Design Review Approval for the project.
In the event of any inconsistency between the provisions of the above-described
Ordinances and/or Resolutions and the provisions of this Subdivision Agreement, the
provisions of this Subdivision Agreement shall control.
ARTICLE II
DEVELOPMENT REQUIREMENTS AND RESTRICTIONS
2.1 Floor Area Limitations.
(a) The project is currently limited to a maximum of 3,804 square feet
of net leasable commercial area, which may be allocated between the first floor
and the basement of the building in whatever manner may be determined to be
appropriate from time to time by the owner of the commercial space. The
remainder of the basement area may be used for storage by the owners of
commercial and/or residential condominium units in the project, in whatever
allocations may be determined to be appropriate from time to time by the owner
of the commercial area, and the storage space may be leased accordingly. The
owner of the commercial area shall have the right to convert some or all of the
storage space in the basement to additional net leasable commercial square
footage, subject to compliance with applicable land use regulations in effect at
the time of conversion.
(b) The building's second floor will contain one free market dwelling
unit and two affordable housing units (the "AH Units"). The free market unit is
limited to 1,983 square feet of "floor area", as defined in the Aspen Municipal
Code on the date of building permit application. The AH Units must each contain
a minimum of 600 square feet of "net livable area", as defined in the Aspen
Municipal Code on the date of building permit application.
(c) The building's third floor will contain one free market dwelling
unit, which is limited to 3,916 square feet of floor area. The total allowable free
market residential floor area in the building is 5,899 square feet. The second and
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third floor residential floor area limitations exclude common stairwells,
circulation corridors, elevators, and decks.
(d) The building's maximum allowable floor area, including
commercial (net leasable and storage areas), free market residential units, and
AH residential units, is 13,948 square feet, to be calculated in accordance with
the regulations in effect at the time of building permit application.
2.2 Hei!!ht. The building's maximum allowable height is 42 feet, to be
calculated in accordance with the regulations in effect at the time of building permit
application.
2.3 Off-Street Parkin!!. Four off-street parking spaces are required in the
project. Two of these spaces shall be allocated to the third floor free market residential
unit, one of these spaces shall be allocated to the second floor free market residential
unit, and one of these spaces shall be designated for use of the occupants of the AH
units or either of them pursuant to P&Z Resolution No. 12 (Series of 2005). The
Historic Preservation Commission waived the remainder of the parking requirements
pursuant to HPC Resolution No. 31 (Series of 2004). No off-street parking spaces are
required for the commercial space in the building.
2.4 Affordable Honsin!! Miti!!ation. Two on-site, one-bedroom AH units are
required for the project, and will be located on the second floor of the building. Each
AH unit must contain a minimum of 600 square feet of net livable area, and must be
deed restricted to the Aspen/Pitkin County Housing Authority's Category 2 income and
occupancy guidelines (the "APCHA Guidelines") concurrent with the recording of the
condominium plat for the project and before a Certificate of Occupancy is issued for the
project. The deed restriction shall permit the owner of the AH units to lease such AH
units to "qualified employees" of the owner's selection, and to assign such leasing
rights to owners of other units in the project. While it is presently contemplated that the
AH units will be rental units, the owner of the units shall have the right at any time to
convert them to "for-sale" units and to sell them to buyers qualified under the APCHA
Guidelines. Further, the AH units shall become sale units at such time as the APCHA
deems the units to be out of compliance with the rental occupancy requirements set
forth in the APCHA Guidelines for a period of more than one (1) year from the date on
which the APCHA gives the record owner of the AH units written notice of such non-
compliance and such non-compliance has not been cured during said one-year period.
So long as the AH units are rental units, they shall be owned by the
Condominium Association formed for purposes of managing and maintaining the
project (the "Association"). The AH units will be conveyed to the Association
following the recording of the condominium map for the project. Unless a different
arrangement is worked out with the City, and only to the extent required to comply with
applicable Colorado law, a one-tenth of one percent interest in each of the AH units will
be conveyed to APCHA at the time the remaining ownership interest is deeded to the
Association. Said one-tenth of one percent interest is hereinafter referred to as the
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"APCHA Interest". The conveyance of the APCHA Interest shall be expressly subject to
the understanding and agreement that (a) ownership of the APCHA Interest only gives
the APCHA the right to enforce the deed restrictions on the AH unit, and does not give
the APCHA any authority or rights that are not specifically set forth in the deed
restriction, (b) in all other respects, the APCHA shall be deemed to have no ownership
rights or responsibilities in connection with the AH units, and the record owner of the
remaining interest in the units shall have full right and authority to lease, encumber, or
otherwise deal with the AH units as if such owner held a 100 percent interest therein,
(c) APCHA shall have no liability to third persons arising solely out of its ownership of
the APCHA Interest, and the party conveying the APCHA Interest shall indemnify
APCHA from and against any losses or liabilities arising solely out of its ownership of
the APCHA Interest, (d) the APCHA Interest will be conveyed to the Association or
other then-current owner of the AH unit if and when the Colorado legislature or a court
of competent jurisdiction legalizes the imposition of rent restrictions on affordable
housing units, and (e) the APCHA Interest will be conveyed to the buyer of the AH unit
if it is converted to a sale unit and sold by the Association to a qualified third party.
In the event the project is sold by Owner to a third party before the project is
condominiumized, the Owner shall have the right to assign the foregoing deed
restriction and APCHA Interest obligations to the third party buyer.
2.5 Buildine Permit Application. The building permit application for the
project shall include the following:
(a) Copies ofP&Z Resolution No. 12 (Series of2005) and of City
Council Ordinance No. 25 (Series of 2005).
(b) The conditions of approval printed on the cover page of the
building permit set.
(c) A completed tap permit for service issued by the Aspen
Consolidated Sanitation District.
(d) A drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 5-year storm
frequency should be used in designing any drainage improvements.
(e) A construction management plan pursuant to the City of Aspen
Building Department's requirements. The construction management plan shall
include an identification of construction hauling routes for review and approval
by the City Engineer and the Streets Department Superintendent.
(f) A fugitive dust control plan to be reviewed and approved by the
Environmental Health Department.
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(g) A detailed excavation plan that utilizes vertical soil stabilization
techniques for review and approval by the City Engineer.
2.6 Dimensional ReQuirements. The development of the Mother Lode
Subdivision shall be in compliance with the dimensional requirements of the
Commercial Code (CC) Zone District, with the exception of off-street parking,
trash/utility service area, and open space/pedestrian amenity requirements. Off-street
parking requirements shall be provided as represented in Section 2.3 above. The
dimensions of the trash/utility service area have been established by special review as
16 feet wide by 16 feet in depth as provided in Section 2.7 below. The Owner shall pay
cash-in-lieu of providing open space/pedestrian amenity as provided in Section 2.13
below.
2.7. Trash/Utilitv Service Area. A trash/utility service area 16 feet wide by
16 feet long, accessed from the alley, was approved by special review pursuant to P&Z
Resolution No. 12 (Series of 2005). The trash container shall be wildlife proof.
2.8 Fire Mithmtion. The Owner shall install a fire sprinkler system and alarm
system in the building that meets the requirements of the Aspen Fire Marshal.
2.9 Water Department ReQuirements. The Owner shall comply with the
City of Aspen Water System Standards, with Title 25 of the Aspen Municipal Code, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory
Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units in the building shall have individual water meters.
2.10 Sanitation District ReQuirements. The Owner shall comply with the
Aspen Consolidated Sanitation District's rules and regulations. No clear water
connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. All
improvements below grade shall require the use of a pumping station. If more than one
unit is to be served by a single service line, the Owner shall enter into a shared service
line agreement among such units. The Owner shall pay a "basin surcharge" fee to
ACSD prior to building permit issuance. The amount of the surcharge, which is
estimated to be approximately $1,300.00 per EQR, shall be determined at the time of
building permit application.
2.11 Electrical Department ReQuirements. The Owner shall have an electric
connect load summary conducted by a licensed electrician in order to determine if the
existing transformer on the neighboring property has sufficient capacity for the
development of the Mother Lode Subdivision. If a new supplemental transformer is
required to be installed within the Mother Lode Subdivision, the Owner shall provide
for a new transformer and its location shall be approved by the Community
Development Department prior to installation. If a supplemental transformer is
installed, the Owner shall amend the Subdivision Plat to establish an easement for the
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transformer and to allow for utility personnel to access the supplemental transformer for
maintenance purposes.
2.12 Exterior Lil!htinl!. All exterior lighting shall meet the requirements of the
City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor
Lighting.
2.13 Pavment-in-Lieu of Open Space/Pedestrian Amenitv. Pursuant to Land
Use Code Section 26.575.030, Open Space, the Owner shall pay a cash-in-lieu fee of
providing the required open space/pedestrian amenity at the time of building permit
issuance. The amount due shall be calculated by the City Zoning Officer at the time of
building permit issuance using the methodology and fee schedule in place at the time of
building permit issuance.
2.14 School Lands Dedication Fee. Pursuant to Land Use Code Section
26.630, School Lands Dedication, the Owner shall pay a fee-in-lieu ofIand dedication
prior to building permit issuance. The City Zoning Officer shall calculate the amount
due using the calculation methodology and fee schedule in effect at the time of building
permit submittal. The Owner shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
2.15 Park Development Impact Fee. Pursuant to Land Use Code Section
26.610, Park Development Impact Fee, the Owner shall pay a park development
impact fee in the amount of $9,994 prior to building permit issuance. The fee is
assessed based on the following calculation:
Proposed Commercial: 3,804 square feet minus 3,804 square feet of existing net
leasable commercial space = 0 new net leasable square feet of commercial space,
thus $0 due on commercial.
Proposed Residential: One (3-bedroom) Free Market Residential Unit multiplied
by $3,634 per unit = $3,634.
Three (I-bedroom) Residential Units multiplied by $2,120
per unit = $6,630.
Total due on residential: $9,994.
2.16 PM-tO Mitil!ation. The Owner shall mitigate for the air quality impacts
expected for the generation of 25 vehicle trips per day by enacting the following
measures:
(a) Maintaining the amount of proposed off-street parking that equals
four parking spaces for four total residential units.
(b) Providing covered and secured bicycle storage.
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(c) The Association and the tenant(s) in the commercial unites) shall
join the Transportation Options Program.
ARTICLE III
VESTED PROPERTY RIGHTS
Under Development Order of the City of Aspen Community Development
Department with an effective date of May IS, 2005 (the "Development Order"), the
right to undertake and complete the development and use of the Mother Lode
Subdivision pursuant to the terms and conditions of the site specific development plan
for the property is vested until May IS, 2008, and shall not be altered, impaired,
diminished or delayed by any subsequent zoning or land use action that is prohibited by
Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the
requirements of CRS Section 24-68-1 03(b), a properly noticed public hearing
concerning the establishment of such vested rights for the property was conducted on
May 9,2005. As authorized by CRS Section 24-68-102(4)(a), City and Owner agree
that the site specific development plan for the Mother Lode Subdivision consists of and
includes, but is not limited to, the number, permitted size, and configuration of the
commercial area, the free market residential units, the AH Units, the parking spaces,
and the other spaces and areas in the proj ect, and all other matters set forth in the
Regulatory Approvals identified in Article I above, the Subdivision Plat, this
Subdivision Agreement, and all other documents and plans recorded concurrently
therewith. For purposes of this Article III, this Subdivision Agreement shall be
considered a "development agreement" as that term is used in CRS Section 24-68-
104(2).
ARTICLE IV
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS
In the event that the City Council determines that Owner is not acting in
substantial compliance with the terms of this Subdivision Agreement, the City Council
shall notify Owner in writing specifying the alleged non-compliance and asking that
Owner remedy the alleged non-compliance within such reasonable time as the City
Council may determine, but not less than 30 days. If the City Council determines that
Owner has not complied within such time, the City Council may issue and serve upon
Owner a written order specifying the alleged non-compliance and requiring Owner to
remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such
order, Owner may file with the City Council either a notice advising the City Council
that it is in compliance or a written petition requesting a hearing to determine anyone
or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, or
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(b) Whether a variance, extension of time or amendment to this
Subdivision Agreement should be granted with respect to any such non-
compliance which is determined to exist.
Upon the receipt of such petition, the City Council shall promptly schedule a
hearing to consider the matters set forth in the order of non-compliance and in the
petition. The hearing shall be convened and conducted pursuant to the procedures
normally established by the City Council for other hearings. If the City Council
determines by a preponderance of the evidence that a non-compliance exists which has
not been remedied, it may issue such orders as may be appropriate, including the
imposition of daily fines until such non-compliance has been remedied, the withholding
of permits and/or certificate of occupancy, as applicable; provided, however, no order
shall terminate any land use approval. The City Council may also grant such variances,
extensions of time or amendments to this Subdivision Agreement as it may deem
appropriate under the circumstances.
The parties expressly acknowledge and agree that the City Council shall not
unreasonably refuse to extend the time periods for performance hereunder if Owner
demonstrates by a preponderance of the evidence that the reasons for the delay(s) which
necessitate said extension(s) result from acts of God or other events beyond the
reasonable control of Owner, despite good faith efforts on its part to perform in a timely
manner.
ARTICLE V
GENERAL PROVISIONS
6.1 The provisions hereof shall be binding upon and inure to the benefit of
Owner and City and their respective successors and assigns.
6.2 This Subdivision Agreement shall be subject to and construed in
accordance with the laws of the State of Colorado.
6.3 If any provision of this Subdivision Agreement or any paragraph,
sentence, clause, phrase, word, or section or the application thereof in any circumstance
is invalidated, such invalidity shall not affect the validity of the remainder of this
Subdivision Agreement, and the application of any such provision, paragraph, sentence,
clause, phrase, word, or section in any other circumstance shall not be affected thereby.
6.4 This Subdivision Agreement and the exhibits attached hereto contain the
entire understanding between the parties hereto with respect to the transactions
contemplated hereunder. Owner, its successors or assigns, may, on its own initiative,
petition the City Council for an amendment to this Subdivision Agreement or for an
extension of one or more of the time periods required for performance hereunder. The
City Council shall not unreasonably deny such petition for amendment or extension
after considering all appropriate circumstances. Any such amendments or extensions of
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time shall only become effective upon the execution by all parties hereto that are
affected by the proposed amendment.
6.5 Numerical and title headings contained in this Subdivision Agreement are
for convenience only, and shall not be deemed determinative of the substance contained
herein. As used herein, where the context requires, the use of the singular shall include
the plural and the use of any gender shall include all genders.
6.6 Upon execution of this Subdivision Agreement by all parties hereto, City
agrees to approve and execute the Subdivision Plat and to accept the same for
recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon
payment of the recordation fees by Owner.
6.7 Notices to be given to the parties to this Subdivision Agreement shall be
considered to be given if hand delivered or if deposited in the United States Mail to the
parties by registered or certified mail at the addresses indicated below, or such other
addresses as may be substituted upon written notice by the parties or their successors or
assigns:
CITY:
City of Aspen
City Manager
130 South Galena Street
Aspen, CO 81611
OWNER:
Gordon L. Whitmer and
Howard Ross, Partners
714 Oak Ridge Road
Snowmass Village, CO 81615
With Copy to:
Arthur C. Daily, Esq.
Holland & Hart LLP
600 East Main Street
Aspen, CO 81611
6.8 This Subdivision Agreement may be executed in counterparts, in which
case all such counterparts together shall constitute one and the same instrument which
is binding on all of the parties thereto, notwithstanding that all of the parties are not
signatory to the original or the same counterpart. Facsimile signatures shall be treated
as original signatures hereon.
6.9 The terms, conditions, provisions and obligations herein contained shall
be deemed covenants that run with and burden the Mother Lode Subdivision and any
and all owners thereof or interests therein, their respective successors, grantees or
assigns, and further shall inure to the benefit of and be specifically enforceable by or
against the parties hereto, their respective successors, grantees or assigns.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
CITY:
City of Aspen,
municipal c
Mayor
By:
APPROVED AS TO FORM:
C:Z~~ ~~..~.r
n Worcester, City Attorney
OWNER:
Gordon L. Whitmer and Howard Ross,
Partners, a Colo ado neral partnership
~
Howard Ross, General Partner
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
.;I:he foregoing instrument was acknowledged before me this .lif day of
_ ..JU \\1 - _' 2005, by Helen Klanderud as Mayor and Kathryn S. Koch as City
Clerk oithrCitY of Aspen, Colorado, a municipal corporation.
My Comml$S10n bplfes Sept 25. 2005
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STATE OFC\;llt>iCl J.CJ )
COUNTY OF \\ tK 1'V\ ~ ss.
_ The foregoing instrument was acknowledged before me this d-~ay of
0U~ ' 2005, by Gordon L. Whitmer and Howard Ross, General Partners in
Gordon L. Whitmer and Howard Ross, Partners, a Colorado general partnership.
Witness my hand and official seaL
-J)t3!0'6 ,
~~[)JviJN6YJ
Notary Public
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CONSENT OF MORTGAGEE
The undersigned, being the holder of a lien on the property comprising the
Mj>.!..h~ Lode Subdivision pursuant to a Deed of Trust recorded as Reception No.
~/a:::;.z., in the Office of the Clerk and Recorder of Pitkin County, Colorado,
hereby consents to and approves the recording of this Subdivision Agreement for the
Mother Lode Subdivision, and hereby subordinates the lien of said Deed of Trust to the
matters set forth herein.
Dated this 24fay Of~, 2005.
Alpine Bank, Aspen
~CU
By:
Its: .s: u , f'
STATE OF CoIDrodo
COUNTY OF r~kif\
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) ss.
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The foregoing Consent of Mortgagee was acknowledged before me this~t day
of ~, 2005, bYQ~ tlt1~ as 'S.V. P. of Alpine Bank, Aspen, a
Colorado corporation.
Witness my hand and official seal.
My commission expires:
10/''1 /a(06)~
~~~
Notary Public
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RESOLUTION NO. 12
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING WITH CONDITIONS, SPECIAL REVIEW TO
I)PAY CASH-IN-LIEU OF PROVIDING REQUIRED OPEN
SPACEIPEDESTRIAN AMEMTY, 2)TO ESTABLISH THE AFFORDABLE
HOUSING PARKING REQUIREMENTS, AND 3) TO VARY DIMENSIONAL
REQUIREMENTS OF TRASH/UTILITY SERVICES AREA, A GMQS
EXEMPTION FOR EXPANSION OF A HISTORIC STRUCTURE THAT ADDS
MORE THAN ONE RESIDENTIAL DWELLING UNIT, AND RECOMMENDING
THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE MOTHER LODE
SUBDIVISION, AND A GMQS EXEMPTION FOR AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. Hyman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design for the proposed development pursuant to HPC Resolution No.
31, Series of 2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on March 15,2005, the Planning
and Zoning Commission approved Resolution No.12, Series of 2005, by a four to two (4-2)
vote, approving special review to pay cash-in-lieu of providing the required open space,
special review to establish the affordable housing parking special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve with conditions, the proposed Subdivision and
GMQS exemptions to construct a three-story addition to the Mother Lode building at 314 E.
Hyman Avenue; and,
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SILVIR DAVIS PITKIN COUNTY CO R 31.00 D 0.00
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WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves with conditions,
special review to pay cash-in-lieu of providing the required open space, special review to
establish the affordable housing parking requirements, special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for the
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve the Mother Lode Subdivision and GMQS
Exemption to provide on-site affordable housing in order to construct a three-story
addition to the Mother Lode Restaurant Building located at 314 E. Hyman Avenue, with
the conditions contained herein.
Section 2: Plat and A!!reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Buildin!! Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
d. A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
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SILVIA ORVIS PITKIN COUNTY CO ~ 31.00 D 0.00
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
e. A fugitive dust control plan to be reviewed and approved by the Environmental
Health Department.
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
S~tion 4: Dimensional Requirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be established by special
review as sixteen (16) feet wide by sixteen (16) feet in depth as discussed in Section 6
below. The Applicant shall pay cash-in-lieu of providing open space/pedestrian amenity
as represented in Section 13 below.
Section 5: Off-street Parkin!!
The project shall provide four (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units. The
Historic Preservation Commission waived the remainder of the parking requirements
pursuant to HPC Resolution No. 31, Series of2004.
Section 6: Trash/Utilitv Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, is approved by special review pursuant to the procedures established in
Land Use Code Section 26.430, Special Review. The trash container shall be wildlife
proof.
Section 7: Affordable HODsin!!
The Applicant shall record a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1110 of a percent, undivided interest in the units
to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Miti!!ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
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Section 9: Water Department Reqnirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 10: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement.
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summaiy conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the Mother Lode Redevelopment. If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall be approved by the Community
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Lil!btinl!
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Pavment-in-Iieu of Open Space/Pedestrian Amenitv
Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a
cash in-lieu fee of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at the time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
schedule in affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
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Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building pennit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
I (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6.360
Total: $9,994
Section ]6: PM-lO Mitil!ation
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
I. Providing only one parking space for the use of each residential unit.
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 18:
This resolution 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 19:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or Wlconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
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APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th
day of March, 2005.
APPROVED AS TO FORM:
CiQ;:y ) I,
PLANNING AND ZONING
COMMISSION:
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ATTEST:
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SILVIA DAVIS PITKIN COUNTY CO R 36.00 0 0.00
ORDINANCE NO. 25
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE MOTHER LODE SUBDIVISION AND A GMQS
EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BillLDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelID: 2737-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 3 14 E. H yman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design and off-street parking waiver for the proposed development
pursuant to HPC Resolution No. 31, Series of2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Director approved an administrative GMQS exemption for
the enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures pursuant to Land Use Code Section 26.470.070(D)(3)(a) and a GMQS exemption
for the addition of one residential dwelling unit to a property listed on the Aspen Inventory
of Historic Landmark Sites and Structures pursuant to Land Use Code Section
26.470.070(D)(2)(a); and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission approved a special review request to pay cash-in-
lieu of providing the required open space/pedestrian amenity, special review to establish
the affordable housing parking requirements, special review to establish the dimensional
requirements for the trash/utility/recycling area, and a GMQS exemption for the
construction of more than one free market dwelling unit on a historically designated
property pursuant to Resolution No. 12, Series of2005; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission also recommended that City Council approve with
./
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SILVIA DAVIS PITKIN COUNTY CO R 36.00
conditions, the Mother Lode subdivision and a GMQS exemption for the development of
affordable housing pursuant to Resolution No. 12, Series of2005; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a duly noted public hearing on May 9, 2005, the Aspen City
Council reviewed the proposed Mother Lode Subdivision and GMQS Exemption for the
development of affordable housing and approved Ordinance No. 25, Series of 2005,
approving with conditions, the Mother Lode Subdivision and a GMQS exemption for the
development of affordable housing to construct a three-story addition to the Mother Lode
building at 314 E. Hyman Avenue; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the Mother Lode Subdivision and GMQS Exemption to
provide on-site affordable housing in order to construct a three-story addition to the
Mother Lode Restaurant Building located at 314 E. Hyman Avenue, with the conditions
contained herein.
Section 2: Plat and Al!reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Buildinl! Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
,
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SILVIA DAVIS PITKIN COUNTY CO R 36.00 0 0.00
construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
d. A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
e. A fugitive dust control plan to be reviewed and approved by the Environmental
Health Department.
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional Requirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be sixteen (16) feet wide
by sixteen (16) feet in depth as discussed in Section 6 below. The Applicant shall pay
cash-in-1ieu of providing open space/pedestrian amenity as represented in Section 13
below.
Section 5: Off-street Parkin!!
The project shall provide four (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units pursuant to
Planning and Zoning Commission Resolution No. 12, Series of 2005. The Hi"storic
Preservation Commission waived the remainder of the parking requirements pursuant to
HPC Resolution No. 31, Series of2004.
Section 6: TrashlUtilitv Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, was approved by special review pursuant to Planning and Zoning
Commission Resolution No. 12, Series of 2005. The trash container shall be wildlife
proof.
Section 7: Affordable Housin!!
The Applicant shall record a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1110 of a percent, undivided interest in the units
to the AspenlPitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
Page: 4 of 7
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R 36.00 0 0.00
request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
-
5L +7
Section 8: Fire Mitil!ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 9: Water Department ReQuirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 10: Sanitation District ReQuirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement.
Section 11: Electrical Department ReQuirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the Mother Lode Redevelopment. If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall be approved by the Community
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Lil!htinl!
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Pavment-in-Iieu of Open Space/Pedestrian Amenitv
Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a
cash in-lieu fee of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at the time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
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SILVIA DAVIS PITKIN COUNTY CO R 36.00 0 0,00
schedule in affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
I (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6.360
Total: $9,994
Section 16: PM-I0 Mitil!3tion
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
I. Maintaining the amount of proposed off-street parking that equals four
parking spaces for four total residential units.
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17: Condominiumization
Condominiumization of the project to define separate ownership of the project is hereby
approved by the City of Aspen, subject to recordation of a condominium plat in
compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 18: Vested Property Ril!:hts
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
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SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, pursuant to the Land
Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,
pertaining to the following described property: Lots.N and 0, Block 81, City and
Townsite of Aspen, by Ordinance No. 25, Series of2005, of the Aspen City Council.
Section 19:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 20:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 21:
A public hearing on the ordinance shall be held on the 9th day of May, 2005, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Co~i1 of"', Ci<y of ^"~ 0" "', ll- d" of April, 2005'~
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Ire1en Kalin an e ayor
Attest:
t:~~~
FINALLY, adopted, passed and approved this 9th day of May, 2005.
Attest:
~~~~
Approved as to form:
/-~~
fohri P. oreester, City Attorney
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SILVIA DAVIS PITKIN COUNTY CO R 36.00 0 0.00
'r
_ _.. a' REVOCh..JLE ENCROACHMENT CENSE .a.. --
License Number: 1,nb5 -e ~sg
II
County Recording Data:
Reception Number.
.Book Number.
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SIL~IA .DAVIS PITKIN COUNTY CO R 21.00 D 0.00
~~~~~~SC~L~~~~~=======--========~~~~--------~~
INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TP YOUR REQUEST
THIS LICENSE IS FOR: (CIiECKONEONLY)
o TEMOPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO
o TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY.
Gi TEMPORARY FOR PRE.EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BYTHE CITY.
1his Agreement made under this license and entered irito this _day of , 200.1, by and between the CIIY OF
ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and
Gordon L. Whitmer and Howard .
Ross. Partners ,at 314 East Hvman Avenue. A~pen. CO Rl fill
(PrintFuUName) tPrint Legal Mai6ng Address)
daytime phone number: 970-925-7700 ,hereinafter referred to as "Licensee',
WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado:
Street Address:
Legal Address: Mother Lode Subdivision Lots Nand 0 B1 ck
pen.
WHEREAS, said properties abut the following described public right(s)-of-way:
Hvman Avenue.
WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in
Exhibit "A ", attached to this License: ..
Buildin2 encrbachment
WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority to the City Engineer to grant
encroachment licenses,
WHEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject to certain conditions,
THEREFORE, in consideration of the mutual agreement hereinafter contained, ASPEN and Licensee covenant and agree as
follows: .
01. A revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public
right-of-way for the purposes described.
02. This license is granted for a specific use and within a specified term as checked above, subject to being terminated at
any time and for any reason at the sole discretion of the City Engineer of the City of Aspen.
03. This license shall be subordinate to the right of ASPEN to use said area for any public purposes.
04. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements
constructed therein, which ASPEN, in the exercise of its discretion, shall determine to be necessary to keep the same in
a safe and clean condition. The Licensee shall obtain right-of-way and Building Permit as required by the City for any
work to be performed in the public right-of-way with design approvals for such work obtained from the Engineering
Cily of Aspen _ Engineering Department. 130 South Galena Slreel. Aspen Colorado 81611
~970-920-5080
REVlSED:OS't/YZOO4
,...
Department. Licensee agrees to, ,any improvement district formed for the PUI ~ose of constructing improvements .
within public right-of-way. . - .
05. Unless the 'property that is the subject of this license agreement is covered by a homeowner's insurance policy, Licensee
shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less
than those specified by Section 24-10-114, C.R.S., (currently $150,000 per person and $600,000 per occurrence) as
may be amended from time to time, naming the City as "Addilionallnsured".
06. Licensee shall maintain said public liability insurance coverage in full force and effect during the term of this License and
shall fumish the City with a most current certificate of such coverage evidencing its validity. All insurance policies
. maintained pursuant to this agreement shall contain the following endorsement: "It is hereby understood and
agreed that this insurance policy may not be canceled by the surety until thirty (30) days after
receipt by the City, by registered mail, of a written notice of such intention to cancel or not to
renew." The Licensee shall show proof of this insurance to the City before this agreement is filed.
07. Licensee agrees to indemnify and hold harmless the City of Aspen, its officers,. employees, insurers, and self-insurance,
from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation
claims arising from bodily injury, death, property loss or damages, or any other loss of any kind whatsoever, which arise
out of or are in any manner connected with this license, if such injury, loss, or damage is caused in whole or in part by, or
is claimed to be caused in whole or part by the act, omission, error, professional error, mistake, negligence, or other fault
I of licensee. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against, any such
liability, claim or demands at the sole expense of the licensee or, at the option of the City of Aspen, licensee agrees to
pay City of Aspen or reimburse City of Aspen for the defense costs incurred by the City of Aspen in connection with, any
such liability, claims, or demands. The licensee also agrees to bear all other costs and expenses related thereto,
including court costs and attomey fees, whether or not any such liability, claims, or demands alleged are groundless,
false or fraudulent.
08. This license may be terminated by Licensee at any time and for any reason following delivery of a written notice of
Licensee's intent to cancel. ASPEN may terminate this license at any time and for any reason. Upon termination,
Licensee shall at Licensee's expense, remove any improvements or encroachments from said property. The property
shall be restored to a condition satisfactory to ASPEN.
09. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may
hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter is adopted.
. .-. .
10. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests
in or affecting said public property as it deems necessary.
11. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the
life of improvements encroaching in public right of way, and binding upon Licensee. The encroachment shall
terminate when the improvement has failed or out of compliance with required standards of performance or if it is
revoked by the City, whichever comes sooner.
12. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable
attorney's fees.
13. If the structure for which this license was issued is removed for any reason, Licensee shall not continue to rebuild in the
public right-of-way. The public right-of-way is for the general public benefit, and it is not for occupation or construction of
encroachments,
8970.920-508D
REVlSED:05lfOl20D4
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\ 14. :r\1e licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed
within the encroachment area.
15. The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall automatically
terminate and cancel this agreement:
a) Discontinuation of insurance coverage
b)Change of ownership Dr alteration of use from the original specific use in encroached area
c)Restriction of ASPEN Dr its agents and contractors from access to its public land under the encroached area
not occupied by a previously constructed building. ..
Under these circumstances, the Licensee shall restore the right-of-way under the encroachment to its original or better
conditions immediately and in accordance with the latest Engineering Department standards for improvements of Public
right of way.
:
IN WITNESS WHEREOF, the parties executed this agreement at ASP
:o~don L. Whit~.~d ward Ross, Partners
Gordon L (Licensee) Wh'
General Pa.rtner
By:
Howard Ross, General Partner
THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC:
STATE OF COLORADO)
) ss.
County of Pitkin
The foregoing instrument was acknowledged before me this
a--1+h dayof ~un\2 ,2005, by Gordon L. Whitmer
Partners of Gordon L. Whitmer and Howard Ross, Partners,
Licensee.
Address
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APPROVAL CONDITIONS (Ustifany):
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: ~113l 0 X
Date
By: /:7h,,:.G' ,~
/ NICKADEH, P.E.. City Engineer
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SILVIA OAVIS PITKIN COUNTY CO R 21.00 0 0.00
.I CITY OF ASPEN, COLORADO
DATE:~U(Uln
ENG~Policy-204-A
~itv of A,oP.n _ Enaineerina Deoartment. 130 Sauth Galena Street. Aspen Colorado 81611
~970-920-50BO
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ENCROACHMENT IJCENSE AGREEMENT EXlllBIT IIAP OF:
LOTS N&O, BLOCK 81
A PARCEL OF LAND SITUATED IN THE swl< OF SECTION 7
TOWNSHIP 10 SOUTH, RANGE 65 WEST OF THE 6th P.M.
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEF.'I' t OF 1
STREET MONUMENT
GARMISCH/HOPKINS
(CITY CONTROL GPS#2)
S6J"JS'/9t:
843.62'
EBAR AND CAP ~
L.S. #28643
STREET MONUMENT
GALENA/HOPKINS
(CITY CONTROL GPS-S)
(BASIS OF BEARING) S7414'OS"E
1392.22'
N74'16'46"W
60.31'
AP
SET
LOT N LOT 0
0 0
0 0
c:i ci
0 0
LINE T 6LE
LINE LENGTH BEARING
L1 0.75' S 15'24'54" W
L2 3B.58' N 74'4B'04" W
L3 1.10' N 15'43'06" E
L4 38.58' S 74'16'46" E
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REBAR AND CAP
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ENCROACHMENT DESCRIPTION
A STRIP Of LAND SITUATED IN THE SWl/4 Of SECTION 7, TOWNSHIP 10 SOUTH, RANGE 85 WEST Of THE 6TH P.M., CITY Of
ASPEN, COUNTY Of PITKIN, STATE Of COLORADO; SAID STRIP Of LAND ALSO LOCATED I\\THIN THE RIGHT-Of-WAY Of HYMAN
AVENUE IN THE CITY Of ASPEN AND BEING MORE PARTICULARLY DESCRIBED AS fOllOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY LINE Of BLOCK 81, CITY ANO TOWN51TE Of ASPEN, WHENCE THE SE
CORNER Of LOT 0 Of SAID BLOCK 81 BEARS S.7416'46"E., A DISTANCE OF 21.73 FEET, SAID POINT BEING THE POINT Of
BEGINNING; THENCE LEA\>1NG SAID SOUTHERLY BOUNDARY LINE S.15'24'54"W., A DISTANCE Of 0.75 fEET; THENCE N.74'48'04"W.,
A DISTANCE Of 38.58 FEET; THENCE N.15.43'06"E., A DISTANCE Of 1.10 fEET TO THE SW CORNER Of LOT N Of SAID BLOCK
81; THENCE S.7416'46"E., ALONG THE SOUTHERLY BOUNDARY LINE Of SAID BLOCK 81 A DISTANCE Of 38.58 fEET TO THE
POINT OF BEGINNING. SAID STRIP Of LAND CONTAINING 35.66 SQUARE FEET, MORE OR LESS.
SOPRIS ENGINEERING - LLC
CIV1L CONSULTANTS
502 t.lAlN STREET, SUITE A3
CARBONDALE, COlORADO 81623
(970) 70"-0311
soprfsOsopriseng.com
24085 06/21/05 24085YLAT.OWG
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VANN ASSOCIATES, LLC
Planning Consultants
July 18, 2005
HAND DELIVERED
Mr. James Lindt, Planner
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Mother Lode Subdivision Plat/Agreement
Dear James:
Enclosed for the City's signature and recordation are two copies of the Mother Lode
subdivision plat, the subdivision agreement, and an encroachment license for the build-
ing's existing facade. All of these documents have been executed by the property's
current owners, Gordon Whitmer and Howard Ross. The plats have also been signed by
the surveyor, mortgagee and the title company. I would appreciate it if you would obtain
Chris Bendon's signature on the plats and forward them and the encroachment license to
Nick Adeh for his approvaL Both the plats and the agreement will have to be executed
by the Mayor and the agreement will also require the City Attorney's signature. Any
remaining information blanks on the plats and agreement will be filled in at recordation. I
would also appreciate it if you would ask the City Clerk's office to call me when the
required signatures have been obtained so that I may be present at the recordation.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to calL
Yours truly,
y Vann, AICP
c: loldclbuslcity .ltrlltr46204.jI3
230 Easl Hopkins Ave. . Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date ofthis Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Regent Properties. Inc., 450 N. Roxburv Drive. Ste 600. Beverlv Hills, CA 90210
Property Owner's Name, Mailing Address and telephone number
Lots Nand 0, Block 81. Citv and Townsite of Aspen
Legal Description and Street Address of Subject Property
Subdivision. GMQS Exemption for Development of AH to construct 3-storv addition consisting ,
of a new basement space. two new free market residential units, and two new affordable housing
units
Written Description ofthe Site Specific Plan and/or Attachment Describing Plan
Ordinance No. 25. Series of2005, Approved 5/9/05
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Mav IS. 2005
Effective Date of Development Order (Same as date of publication of notice of approval.)
Mav 16.2008
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 15th day of May, 2005, by the City of Aspen Community
Development Director. ~\N)~./
Chris Bendon, Community Development Director
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval ofa site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lots Nand 0, Block 81, City and Townsite of Aspen, by
ordinance of the Aspen City Council numbered 25, Series of 2005 on May 9, 2005. The
Applicant received Subdivision and GMQS Exemption approval to construct a three-
story addition to the Mother Lode Building to consist of two new free market residential
units and two new deed-restricted affordable housing units. For further information
contact Chris Bendon, at the City of Aspen Community Development Dept. 130 S.
Galena St, Aspen, Colorado (970) 920-5090.
sf City of Aspen
Publish in The Aspen Times on May 15, 2005
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ORDINANCE NO. 25
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE MOTHER LODE SUBDIVISION AND A GMQS
EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelID: 2737-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. Hyman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design and off-street parking waiver for the proposed development
pursuant to HPC Resolution No. 31, Series of2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Director approved an administrative GMQS exemption for
the enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures pursuant to Land Use Code Section 26.470.070(D)(3)(a) and a GMQS exemption
for the addition of one residential dwelling unit to a property listed on the Aspen Inventory
of Historic Landmark Sites and Structures pursuant to Land Use Code Section
26.470.070(D)(2)(a); and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission approved a special review request to pay cash-in-
lieu of providing the required open space/pedestrian amenity, special review to establish
the affordable housing parking requirements, special review to establish the dimensional
requirements for the trash/utility/recycling area, and a GMQS exemption for the
construction of more than one free market dwelling unit on a historically designated
property pursuant to Resolution No. 12, Series of2005; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission also recommended that City Council approve with
, .~. -,_.
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conditions, the Mother Lode subdivision and a GMQS exemption for the development of
aflordable housing pursuant to Resolution No. 12, Series of2005; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a duly noted public hearing on May 9, 2005, the Aspen City
Council reviewed the proposed Mother Lode Subdivision and GMQS Exemption for the
development of affordable housing and approved Ordinance No. 25, Series of 2005,
approving with conditions, the Mother Lode Subdivision and a GMQS exemption for the
development of affordable housing to construct a three-story addition to the Mother Lode
building at 314 E. Hyman A venue; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the Mother Lode Subdivision and GMQS Exemption to
provide on-site affordable housing in order to construct a three-story addition to the
Mother Lode Restaurant Building located at 314 E. Hyman Avenue, with the conditions
contained herein.
Section 2: Plat and A2reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Suhdivision, within 180 days of approval.
Section 3: Buildin2 Permit Application
The building permit application shall include the following:
a. A copy ofthe final Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
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construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
d. A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
e. A fugitive dust controL plan to be reviewed and approved by the Environmental
Health Department.
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional Reqnirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be sixteen (16) feet wide
by sixteen (16) feet in depth as discussed in Section 6 below. The Applicant shall pay
cash-in-lieu of providing open space/pedestrian amenity as represented in Section 13
below.
Section 5: Off-street Parkin!!
The project shall provide four (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units pursuant to
Planning and Zoning Commission Resolution No. 12, Series of 2005. The Historic
Preservation Commission waived the remainder of the parking requirements pursuant to
HPC Resolution No. 31, Series of 2004.
Section 6: Trash/Utilitv Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, was approved by special review pursuant to Planning and Zoning
Commission Resolution No. 12, Series of 2005. The trash container shall be wildlife
proof.
Section 7: Affordable Housin!!
The Applicant shall record a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units
to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
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request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Mitil!ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 9: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 10: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement.
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has suflicient capacity for the Mother Lode Redevelopment. If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall be approved by the Community
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Lil!htinl!
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Pavment-in-lieu of Open Space/Pedestrian Amenitv
Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a
cash in-lieu fee of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at the time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
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schedule in affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
I (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6.360
Total: $9,994
Section 16: PM-I0 Mitil!:ation
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
I. Maintaining the amount of proposed off-street parking that equals four
parking spaces for four total residential units.
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17: Condominiumization
Condominiwnization of the project to define separate ownership of the project is hereby
approved by the City of Aspen, subject to recordation of a condominium plat in
compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 18: Vested Property Ril!:hts
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
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Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, pursuant to the Land
Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,
pertaining to the following described property: Lots N and 0, Block 81, City and
Townsite of Aspen, by Ordinance No. 25, Series of2005, of the Aspen City Council.
Section 19:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 20:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 21:
A public hearing on the ordinance shall be held on the 9th day of May, 2005, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the II th day of April, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 9th day of May, 2005.
Helen Kalin Klanderud, Mayor
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Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
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Mother Lode Subdivision, GMQS Exemption, and Condominiumization - Ut0 stCO V\ C)
Second Reading of Ordinance No. 25, Series of 2005- Public Hearin~ f(l~e f--Q ,
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Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development DirectorCffiM
James Lindt, Senior Planner JL
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TO:
THRU:
FROM:
RE:
DATE:
May 9, 2005
ApPLICANT {OWNER:
Regent Properties, Inc.
REPRESENT A TlVE:
Vann Associates, LLC
LOCATION:
Mother Lode Restaurant Property, 314 E.
Hyman Avenue
CURRENT ZONING:
Commercial Core (CC) Zone District
PROPOSED LAND USE REQUEST:
Subdivision and associated land use
requests to expand Mother Lode
Restaurant Building.
STAFF RECOMMENDATION:
Approval with Conditions.
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MEMORANDUM
PHOTO ABOVE: Existing Mother Lode
Restaurant Building
SUMMARY:
The Applicant requests subdivision and
associated land use approvals to expand the
Mother Lode Restaurant building to contain
3,804 square feet of commercial space, two (2)
free market residential units and two (2) deed-
restricted affordable housing units.
LAND USE REQUESTS:
The Applicant has requested the following land use requests to expand the Mother Lode
Restaurant Building:
. Subdivision for the construction of multi-family residential units in a mixed used
development pursuant to Land Use Code Section 26.480 (Citv Council is final review
authoritv after considering a recommendation from the Planning and Zoning
Commission).
. Special Review to reduce open space requirements pursuant to Land Use Code
Section 26.575.030(B) (Planning and Zoning Commission approved pursuant to
Resolution No. 12. Series of2005).
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· Special Review for reduction in required trash and utility services area pursuant to
Land Use Code Section 26.575.070(B) (Planning and Zoning Commission approved
pursuant to Resolution No. 12, Series of2005).
· Special Review to establish affordable housing parking requirements pursuant to
Land Use Code Section 26.515.040. (Planning and Zoning Commission approved
pursuant to Resolution No. 12, Series of2005).
· GMQS Exemption for addition of more than one residential unit on a property listed
on the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Land
Use Code Section 26.470.070(D)(2)(b) (Planning and Zoning Commission approved
pursuant to Resolution No. 12, Series .of2005).
· GMQS Exemption for enlargement of a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures pursuant to Land Use Code Section
26.470.070(D)(3)(a) (Community Development Director has approved contingent
upon obtaining final subdivision approval).
· GMQS Exemption for addition of one residential dwelling unit on a property listed on
the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Land Use
Code Section 26.470.070(D)(2)(a) (Community Development Director has approved
contingent upon obtaining final subdivision approval).
· GMQS Exemption for the development of affordable housing pursuant to Land Use
Code Section 26.470.070(1) (City Council is the final review authority after
considering a recommendation from the Planning and Zoning Commission).
. Condominiumization (Condominium plat to be reviewed by the Community
Development Director upon substantial completion of construction).
. Certificate of Appropriateness for Major Development and HPC Parking Waiver
(Conceptual design and Parking Waiver approved by HPC pursuant to Resolution No.
31, Series of2004).
REVIEW PROCEDURE:
A development application for subdivision shall be approved, approved with conditions, or
denied by City Council after considering a recommendation from the Planning and Zoning
Commission and the Community Development Director pursuant to Land Use Code Section
26.480.040, Subdivision. The Applicant has also requested various GMQS exemptions, two
of which were reviewed and approved by the Community Development Director, one of
which was reviewed and approved by the Planning and Zoning Commission, and one of
which requires review by City Council after considering a recommendation from the
Planning and Zoning Commission (the previous paragraph describes these in more detail).
The two (2) GMQS exemptions that required review by the Community Development
Director have been approved contingent upon obtaining subdivision approval.
Finally, the Applicant requested and was granted special review approval to pay cash-in-lieu
of the open space requirements, special review to establish the affordable housing parking
requirements, and special review to reduce the size required for trash and utility services.
The land use code established that the Planning and Zoning Commission is the final review
authority on all of the special review requests and the GMQS exemption to add more than
one residential unit to a historic structure.
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PROJECT SUMMARY:
The Applicant, Regent Properties, Inc, has requested approval to construct an addition to
the existing Mother Lode Restaurant building located at 314 E. Hyman Avenue.
Specifically, the Applicant would like to demolish the non-historic portion of the building
and replace it with a three-story addition. The restored first floor is proposed to contain
commercial space in the amount of approximately 3,259 square feet. The second floor to
be added to the building is to contain a one-bedroom free market residential unit of about
2,060 square feet and two I-bedroom deed-restricted affordable housing units of more than
600 square feet each. The third floor is slated for the development of a 3-bedroom free
market residential unit that is to contain approximately 3,839 square feet. A basement is
also proposed that would contain approximately 545 square feet of commercial space and
tenant storage.
In conjunction with the proposed development, the Applicant has proposed a total of four (4)
parking spaces to be provided on the site, which are to be accessed from the alley. Three (3)
of the four (4) parking spaces to be provided are proposed to be used by the free market
units, leaving one parking space for the two (2) affordable housing units to share. The
Historic Preservation Commission waived the remainder of the off-street parking
requirements in association with their review and approval of the Conceptual HPC
application. The Applicant is also proposing to provide a trash/utility service area adjacent to
the alley measuring sixteen (16) feet by sixteen (16) feet.
The following chart compares the proposed dimensional requirements with the dimensional
requirements of the Commercial Core Zone District in which the property is located:
Dimensional Proposed Underlying Commercial
Requirement Dimensional Core Zone District
Requirements Requirements
Minimum Lot Size 6,031 SF Existing 3,000 SF
Minimum Lot Width Approx. 60 Feet No Requirement
Minimum Lot Area/Dwelling 1,507 SF No Requirement
Minimum Front Yard o Feet No Requirement
Setback
Minimum Side Yard Setback o Feet No Requirement
Minimum Rear Yard Setback o Feet No Reauirement
Maximum Height 42 Feet 42 Feet
Minimum Percent Open None 25%
Space
Allowable External FAR 2.3:1 3:1
Commercial Uses .6: 1 (3,434 SF) 1.5: I (9,046 SF)
Free Market Residential 1.1 (6,031 SF) 1:1 (6,031 SF)
Affordable Housing .22 (1,376 SF) No Limitation
Minimum OneStreet Parking 4 Spaces (3 for 8 Spaces for Commercial
Free Market 3 for Free Market Residential Units
Units, 1 for AH Special Review for AH (Zoning
Units), normally requires one parking space
Remaining per each one bedroom unit)
Parking waived
by HPC
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STAFF COMMENTS:
SUBDIVISION:
The Applicant has requested subdivision approval because the development of multi-family
dwelling units in a mixed use building requires approval of subdivision pursuant to the
definition of subdivision in the City's land use code. In reviewing the subdivision portion of
the application, Staff believes that the proposal meets the applicable subdivision review
standards established in Land Use Code Section 26.480.050, Subdivision review standards.
Staff feels that the proposal is consistent with the infill development goals established in the
2000 Aspen Area Community Plan. Additionally, the Applicant has applied for sufficient
GMQS exemptions for the development rights needed to construct the proposed project (See
Staff s explanation of GMQS implications below).
GMQS IMPLICATIONS:
The Applicant has applied for four (4) separate GMQS exemptions to obtain sufficient
development rights to construct the proposed project when the exemptions are used in
concert with each other. The Community Development Director has issued a written
interpretation of the land use code establishing that the separate exemptions may be used
together (please see interpretation included in the application attached as Exhibit "B"). A
listing of the requested GMQS exemptions and discussion of the project's compliance with
each exemption requirement is detailed below:
. Enlargement of property listed on the Aspen Inventory of Historic Landmark
Sites and Structures intended for commercial or office purposes. The
Applicant has requested this exemption in order to increase the floor area of
the building without increasing the net leasable square footage on the site.
This provision for development is exempt from GMQS scoring and employee
housing mitigation requirements pursuant to Land Use Code Section
26.470.070(D)(3). The only requirements for obtaining this exemption are
that the property must be on the historic inventory and that the development
proposal will not increase both the FAR and the net leasable square footage on
the site. Staff finds that the proposal satisfies the above stated
requirements and the Community Development Director has approved
an administrative GMQS exemption contingent upon obtaining final
subdivision approval.
. Enlargement of property listed on the Aspen Inventory of Historic Landmark
Sites and Structures/or the addition of one dwelling unit. The Applicant has
requested this exemption in order to construct the three-bedroom free market
dwelling unit exempt from employee housing mitigation requirements
pursuant to Land Use Code Section 26.470.070(D)(2)(a). The only
requirements for obtaining this exemption are that the property must be on the
historic inventory and that sufficient development allotments are available
within the Aspen Metro Area. Staff believes that there are available
allotments and that the property is designated historic. Given these findings,
the Community Development Director has approved an administrative
GMQS exemption contingent upon obtaining final subdivision approval.
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. Enlargement of property listed on the Aspen Inventory of Historic Landmark
Sites and Structures for the addition of more than one dwelling unit. The
Applicant has requested this exemption in order to construct the one-bedroom
free market dwelling unit proposed on the second floor, which is the second
free market dwelling unit proposed to be constructed on the property pursuant
to Land Use Code Section 26.470.070(D)(2)(b). This GMQS exemption
requires that affordable housing mitigation be provided for the development of
the one free market dwelling unit at a rate of sixty percent of the bedrooms in
the residential subdivision. The Applicant has proposed two I-bedroom
affordable housing units which comprise sixty-seven percent (67%) of the
total bedrooms, surpassing the sixty percent (60%) required by the code,
considering that the three-bedroom free market unit is exempt by means of the
exemption detailed above. The Planning and Zoning Commission has
already granted approval of this GMQS exemption request.
. GMQS Exemption for the development of Affordable Housing The final
GMQS exemption requested by the Applicant is the exemption to allow for
the Applicant to construct the two (2) affordable housing units pursuant to
Land Use Code Section 26.470.070(1). The requirements for granting this
exemption are that there is an established need for additional affordable
housing and that the proposed units meet the requirements of the Aspen/Pitkin
County Affordable Housing Guidelines. Staff finds that there continues to be
a need for the development of additional affordable units in that the AACP's
goal for the development of 1300 additional affordable housing units has not
been met. The Housing Authority has reviewed the proposal and finds that
the proposed affordable housing units meet the Affordable Housing Guideline
requirements. City Council is the final review authority on this exemption
request and shall consider a recommendation from the Planning and
Zoning Commission and Housing Authority.
In reviewing the proposed affordable housing units, the Housing Board recommended that
certain controls be placed on the affordable housing units that would convert them from
rental to "for sale" units if the Housing Authority Staff if ever deems the units to be out of
compliance with the rental occupancy requirements for a time period of over a year. The
Housing Board felt that a condition of this nature would help them ensure that these
affordable housing units remain occupied.
SCHOOL LANDS DEDICATION FEE:
Given that the proposed development constitutes a full subdivision review, Land Use Code
Section 26.630, School lands dedication, requires that the Applicant either dedicate lands for
school function or pay a cash-in-lieu payment. The Applicant has proposed to pay a cash-in-
lieu payment pursuant to the fee schedule established in Land Use Code Section 26.630.
Staff has included a condition of approval in the proposed ordinance requiring that the
Applicant pay the School Lands Dedication Fee prior to issuance of a building permit for the
proposed development.
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PARK DEVELOPMENT IMPACT FEE:
The Applicant is required to pay a Park Development Impact Fee for additional bedrooms
and additional net leasable square footage added to the site pursuant to Land Use Code
Section 26.610, Park development impact fee. The Park Development Impact Fee for this
project shall be assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
Proposed Development:
Proposed Residential
1 (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit = $3,634
3 (one-bedroom) Units multiplied by $2,120 per unit = $6,360
Total: $9,994
Staff has included a condition of approval in the proposed ordinance requiring that a Park
Development Impact Fee of $9,994 be paid at prior to building permit issuance.
PAYMENT-IN-LIEU OF OPEN SPACE:
The Applicant has requested approval of special review to pay cash-in-lieu of providing the
required twenty-five percent (25%) open space on the site. As is indicated in the application,
the Applicant originally proposed to maintain the property's existing patio area to meet the
Commercial Core Zone District's open space requirement for the site. However, during the
HPC's initial review of the Conceptual HPC application, the majority of the
Commission requested that any redevelopment of the Mother Lode building extend the
Hyman Avenue fa~ade at ground level to the east in order to restore the streets cape as it
had traditionally existed, thereby eliminating the Applicant's opportunity to provide
the required open space on the site. The HPC felt that pulling the new construction
forward will recreate the historic development pattern that is visible in photographs,
where a two story building can be seen next to subject structure. The HPC further did
not believe that setting the building back to create a courtyard along the street at mid-
block is appropriate, particularly given the significant deterioration of the fa~ade line
downtown over the years.
City Council recently approved amendments to the Open Space/Pedestrian Amenity section
of the land use code that now allow for applicants to pay a cash-in-lieu fee based on the rate
of the lesser of $50 per square foot or the appraised value of the unimproved property per
square foot. Even though this application was submitted prior to adoption of the proposed
code language on open space, the Applicant has the ability to choose which of the open space
ordinances they would like applied to their application.
That being said, the Applicant would like to use the new open space/pedestrian amenity
requirements, which would require a payment-in-lieu of $50 per square foot. The pedestrian
amenity requirement of twenty-five percent (25%) of the lot would equate to 1,508 square
feet and thus the Applicant would be required to pay $75,400 ($50 multiplied by 1 ,508 SF)
under the new regulations. The Planning and Zoning Commission approved the requested
special review to provide cash-in-lieu of providing the required open space in this specific
case. Staff has included a condition of approval in the attached ordinance requiring that the
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Applicant make a payment-in-lieu of providing open space/pedestrian amenity at the time of
the building permit issuance. The condition included in the proposed ordinance also requires
the Applicant to pay cash-in-lieu based on the methodology and fee schedule in place at the
time of building permit issuance.
ON-SITE PARKING:
The Applicant has proposed four (4) off-street parking spaces for the entire development.
Three (3) of these spaces are proposed to be allocated for the use of the two (2) free market
residential units. During HPC's review of the conceptual HPC application, HPC waived the
remainder of the parking requirements. Staff recommended that two (2) of the parking
spaces be allocated for sole use by the two (2) affordable housing units rather than the one
space that is proposed since the affordable housing units are required to have year-round
occupancy and it is not likely that the free market units will be occupied on a year-round
basis. The Housing Board concurred with the Planning Staffs opinion that one of the
parking spaces should be allocated and dedicated for the use of each of the affordable
housing units. However, after considerable discussion, the Planning and Zoning Commission
approved the special review request and allocated only one parking space for the use of the
two (2) affordable housing units. The attached ordinance contains a condition of approval
representing the Planning and Zoning Commission's decision on this matter.
TRASH/ UTILITY SERVICE AREA SIZE:
The Applicant proposed to provide a trash/utility service area of sixteen (16) feet by sixteen
(16) feet adjacent to the alleyway. Traditionally, the land use code has required trash and
utility service areas to be a minimum length of twenty (20) feet and a depth of ten (10) feet,
which can be reduced through special review. Therefore, the application requested special
review approval to establish the proposed trash/utility service area dimensions.
In reviewing the request, Staff felt that the proposed trash and utility area is of sufficient size
in that the total area proposed is fifty-six (56) square feet larger than the size required by the
code. Stafr also felt that the added depth of the trash and utilities service area make it easily
accessible to trash trucks. The Planning and Zoning Commission approved the requested
special review establishing the trash and utility area dimensions as proposed.
REFERRAL AGENCY COMMENTS:
The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Streets
Department, and the Parks Department have all reviewed the proposed application and there
requirements have been included as conditions of approval when appropriate.
RECOMMENDATION:
Staff finds that the application complies with the review standards for granting approval of
Subdivision and a GMQS exemption for the development of affordable housing. That being
the case, Staff recommends that City Council approve the attached ordinance, approving
with conditions, the requested Mother Lode Subdivision and a GMQS exemption to develop
affordable housing.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommended that City Council approve the
subdivision and GMQS exemption request to construct affordable housing by a vote of four
to two. The two (2) members of the Commission that cast dissenting votes expressed that
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they did so because they were in agreement with Staff that two (2) of the parking spaces
should be allocated for the use of the affordable housing units. The Planning and Zoning
Commission's resolution and minutes are attached as Exhibit "C".
CITY MANAGER'SCOMMEN~jf~::~Z~~H' -tt: ~~
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 25, Series of 2005, approving with conditions, the
Mother Lode Subdivision and a GMQS exemption to construct affordable housing for a
three-story addition to the building at 314 E. Hyman Avenue, consisting of two (2) free
market residential units, two (2) affordable housing units, and a basement containing tenant
storage. "
A TT ACHMENTS:
EXHIBIT A --Review Criteria and Staff Findings
EXHIBIT B -- Referral Comments
EXHIBIT C -- Planning and Zoning Commission Resolution and Minutes
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ORDINANCE NO. 25
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE MOTHER LODE SUBDIVISION AND A GMQS
EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. H yman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design and off-street parking waiver for the proposed development
pursuant to HPC Resolution No. 31, Series of 2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Director approved an administrative GMQS exemption for
the enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites and
Structures pursuant to Land Use Code Section 26.470.070(D)(3)(a) and a GMQS exemption
for the addition of one residential dwelling unit to a property listed on the Aspen Inventory
of Historic Landmark Sites and Structures pursuant to Land Use Code Section
26.470.070(D)(2)(a); and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission approved a special review request to pay cash-in-
lieu of providing the required open space/pedestrian amenity, special review to establish
the affordable housing parking requirements, special review to establish the dimensional
requirements for the trash/utility/recycling area, and a GMQS exemption for the
construction of more than one free market dwelling unit on a historically designated
property pursuant to Resolution No. 12, Series of2005; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission also recommended that City Council approve with
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conditions, the Mother Lode subdivision and a GMQS exemption for the development of
affordable housing pursuant to Resolution No. 12, Series of2005; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director,. the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a duly noted public hearing on May 9, 2005, the Aspen City
Council reviewed the proposed Mother Lode Subdivision and GMQS Exemption for the
development of affordable housing and approved Ordinance No. 25, Series of 2005,
approving with conditions, the Mother Lode Subdivision and associated land use requests
to construct a three-story addition to the Mother Lode building at 314 E. Hyman Avenue;
and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section I:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the Mother Lode Subdivision and GMQS Exemption to
provide on-site affordable housing in order to construct a three-story addition to the
Mother Lode Restaurant Building located at 314 E. Hyman Avenue, with the conditions
contained herein.
Section 2: Plat and Al!:reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Buildinl!: Permit Application
The building permit application shall include the following:
a. A copy of the tinal Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
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construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
d. A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
e. A fugitive dust control plan to be reviewed and approved by the Environmental
Health Department.
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional Requirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be sixteen (16) feet wide
by sixteen (16) feet in depth as discussed in Section 6 below. The Applicant shall pay
cash-in-lieu of providing open space/pedestrian amenity as represented in Section 13
below.
Section 5: Off-street Parkin!!:
The project shall provide four (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units pursuant to
Planning and Zoning Commission Resolution No. 12, Series of 2005. The Historic
Preservation Commission waived the remainder of the parking requirements pursuant to
HPC Resolution No. 31, Series of2004.
Section 6: Trash/Utilitv Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, was approved by special review pursuant to Planning and Zoning
Commission Resolution No. 12, Series of 2005. The trash container shall be wildlife
proof.
Section 7: Affordable Housin!!:
The Applicant shall record a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1110 of a percent, undivided interest in the units
to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
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request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Mitil!:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 9: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 10: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement.
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the Mother Lode Redevelopment. If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall be approved by the Community
Development Department prior to installation, The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed,
Section 12: Exterior Lil!:htinl!:
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Pavment-in-Iieu otOpen Suace/Pedestrian Amenitv
Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a
cash in-lieu fee of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at the time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
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schedule in affect at the time of building permit submittal The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
I (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6,360
Total: $9,994
Section 16: PM-I0 Mitieation
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
I. Maintaining the amount of proposed off-street parking that equals four
parking spaces for four total residential units.
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17: Condominiumization
Condominiumization of the project to define separate ownership of the project is hereby
approved by the City of Aspen, subject to recordation of a condominium plat in
compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 18: Vested Property Riehts
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
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Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, pursuant to the Land
Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,
pertaining to the following described property: Lots N and 0, Block 81, City and
Townsite of Aspen, by Ordinance No. 25, Series of2005, of the Aspen City CounciL
Section 19:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 20:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 21:
A public hearing on the ordinance shall be held on the 9th day of May, 2005, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 11 th day of April, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 9th day of May, 2005.
Helen Kalin Klanderud, Mayor
~"M~"'M,_....,_____~~~-------J_"__
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Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
"~~____~.~~,~I.o._
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Subdivision
REVIEW CRITERIA & STAFF FINDINGS
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
1. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding
Staff believes that the proposed subdivision is consistent with many aspects of the infill goals
and objectives established in the 2000 AACP. Additionally, Staff feels that the proposal
upgrades a commercial space that is in need of improvements, which is consistent with the
City's goals of stimulating commercial redevelopment as the application points out. Staff
finds this criterion to be met.
2. The proposed subdivision shall be consistent with the character of existing
land uses in the area.
Staff Finding
Staff believes that the proposed mixed use development is consistent with the land uses in the
immediate vicinity. Mixed use buildings that are comprised of ground floor commercial and
residential development on the upper floors are common and encouraged throughout the
commercial core of town. Staff finds this criterion to be met.
3. The proposed subdivision shall not adversely affect the future development
of sur rounding areas.
Staff Finding
As the application indicates, the surrounding properties are close to fully developed.
Therefore, Staff does not believe that the proposal will adversely affect the future
development of the surrounding properties. Staff finds this criterion to be met.
4. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
Staff Finding
The proposed development is in compliance with the Commercial Core Zone District's
allowable dimensional requirements with the exception of open space/pedestrian amenity and
trash/ utility service area requirements. However, the Applicant requested and received
approval from the Planning and Zoning Commission to pay cash-in-lieu of providing the
required open space/pedestrian amenity and for a reduction in the size of the trash/utility
service area. Additionally, the HPC has waived the parking requirements to allow for a
reduction in required off-street parking to four (4) parking spaces. Staff finds this criterion to
be met.
B. Suitability of Land for Subdivision
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development because offlooding, drainage, rock or soil creep,
9
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mudflow, rockslide, avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the health, safety, or welfare of
the residents in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature extension
of public facilities and unnecessary public costs.
Staff Finding
Staff believes that the property is suitable for subdivision. The site contains no steep
topography and no known geologic hazards that may harm the health of any of the
inhabitants of the proposed development. In addition, Staff believes that there will not be a
duplication or premature extension of public facilities because the property to be subdivided
is already served by adequate public facilities. Therefore, Staff finds this criterion to be met.
C. Improvements. The improvements setforth at Chapter 26.580 shall be providedfor
the proposed subdivision. These standards may be varied by special review (See, Chapter
26.430) if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the goals
of the community.
2. The applicant shall specify each design standard variation requested and
provide justification for each variation request, providing design recommendations
by professional engineers as necessary.
Staff Finding
Additionally, the Applicant has consented in the application to meet the applicable
improvements pursuant to Section 26.580. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable housing in compliance with the requirements
of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of
new dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
Stair- Finding
The Applicant has concurrently applied for the required GMQS exemptions. In conjunction
with the GMQS exemption requests, the Applicant has proposed to mitigate for the one-
bedroom free market residential unit by providing two I-bderoom affordable housing. The
remainder of the proposed development is exempt from affordable housing mitigation. Staff
finds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards
setforth at Chapter 26.630.
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Staff Finding
The proposed subdivision is required to meet the School Land Dedication Standards pursuant
to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of
providing land, which will be paid prior to building permit issuance. Thus, staff finds this
criterion to be met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing
Planned Unit Development (AH-PUD) without first obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to the City Attorney.
(Ord. No. 44-2001,92)
StatTFinding
The Applicant has concurrently applied for GMQS exemptions. Please see Staffs response
to Review Standard "D" for Staffs response to this criterion.
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GMQS EXEMPTIONS
Section 26.470.070(J), Affordable Housing GMQS Exemption
Section 26.470.070(1) of the Regulations provides that, "All affordable housing deed
restricted in accordance with the housing guidelines of the City Council and its housing
designee shall be exempt [from the GMQS scoring and competition procedures]." Review is
by City CounciL The section goes on to state that,
The review of any request for exemption of housing pursuant to this Section shall include
a determination of the City's need for such housing, considering the proposed
development's compliance with an adopted housing plan, the number of dwelling units
proposed and their location, the type of dwelling units proposed, specifically regarding the
number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the
proposed development, and the proposed price categories to which the dwelling units are
to be deed restricted.
Staff Finding
The Applicant has proposed two deed-restricted I-bedroom affordable housing units to
mitigate for the one-bedroom free market unit that is proposed on the second floor. These
affordable housing units are to be rental units that are proposed to be deed restricted at a
Category 2 rental rate. Staff feels that there certainly still is a need for the development of
affordable housing in that we are still under the projected need of 800 to 1300 additional
affordable housing units that is set forth in the 2000 Aspen Area Community Plan's Housing
Policies. Moreover, Staff believes that the proposed site is located in an appropriate location
for the development of affordable housing in that it is in the commercial core and well within
the Urban Growth Boundary as is mandated by the AACP. Moreover, the Housing Authority
has found that the proposed development complies with the Aspen/Pitkin County Affordable
Housing Guidelines. Staff finds this criterion to be met.
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MEMORANDUM
Sh,'~)'~ \\13~
P135
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To: Development Review Committee
From: John Niewoehner, Community Development Engineer,
DRC Case load Coordinator
Date: February 10, 2005
Re: 2/9/05 DRC Minutes: Mother Lode Redevelopment
Attendees:
James Lindt, Case Planner - Community Development Department
Nick Adeh, City Engineer
Phil OvereYQder, Water Department
John Niewoehner, Community Development Department
Ed VanWalraven, Fire Department
Denis Murray, Building Department
Cindy Christensen, Housing Department
Brian Flynn, Park Department
Sunny Vann, Planner for Applicant
Jay Hammond, SGM Engineers
-
At the February 9, 2005 DRC meeting, the Development Review Committee reviewed the
following project:
Mother Lode Redevelopment- The project pians to construct a 3-story addition to the Mother
Lode Restaurant located at 314 E. Hyman.
. Ground fioor: The front of the existing building will remain. The rear, non-historic part of
the existing building will be demolished and reconstructed.
. Basement: A basement will be constructed under the new, back half of the building.
. 2nd Floor: The second fioor will have three units - - 2 one-bedroom affordable housing
units and a one-bedroom free market unit.
. 3rd Floor: The third fioor will have a 3-bedroom free market unit.
DRC COMMENTS
Enaineerina:
1. Construction Manaqement Pian (CMP): A construction management plan must be
submitted at the time of building permit.. A checkiist of items to be included in the
CMP can be obtained from the City Engineering Department.
2. Construction Impacts on Hvman St. The CMP must identify how pedestrians will be
protected and the dates that the Hyman St ROW will be impacted.
3. Haul Routes: The CMP must describe the haul routes. The primary haul route will
be the alley behind the Mother Lode.
4. No structures in ROW: No portion of the building can extend into the ROW including
footers, eaves, and utility meters. The building must be designed such that doors do
not swing open into the Hyman Street ROW.
5. Excavation Stabilization Plan: An excavation stabilization plan must be submitted as
part of the building permit application. The plan is to be prepared by a qualified
professional engineer.
6. ROW Restoration: The sidewalk and curbs must be restored to their existing
condition.
7. Drainaqe: To prevent ice formation in the ailey, drainage from the building cannot be
discharged in the alley.
Environmental Health:
Summary of EH Recommendations: In order to comply with the provisions of the land use code,
and ensure that the development does not have a pernicious effect on air quality in the
surrounding. area and the City of Aspen, the Environmental Health Department recommends the
following mitigation measures: (1) Units are sold with only one space; (2) Only one parking space
per unit is provided; (3) Home Owners Association and/or Commercial tenant join the
Transportation Options Program; and (4) Provide covered and secured bike storage.
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Page 3 of4
February 10, 2005
Mother Lode Redevelopment
P137
preparation of pians and specifications. The Aspen Consolidated Sanitation District must
be contacted for their recommendation on the proper size of the grease trap. Restaurant
grills are regulated by the City of Aspen and the applicant shouid contact this Department
to be it is in compliance with City code.
The applicant should be aware that approval of both plans and specifications is
required before the building permit is approved. A minimum of two weeks is necessary for
the Environmental Health Department to review and approve plans. Also, final approval
from this Department is necessary before opening for business. and prior to issuance of a
Colorado Food Service License.
Housinq Department:
1. 'For Sale' AH Units: The Housing Dept may recommend that the AH units be 'for sale'
and not rental units.
2. AH Parkinq: Each AH unit needs to have a designated on-site parking spot.
Water and Electric Dept:
1. Water and Electric Meters: Each unit needs to have its own water and electric meter.
2. Transformer: Electric loads have yet to be calculated, but there is a possibility that
the transformer that serves the property will need to be upgraded by the developer.
If a larger transformer is necessary, a larger easement may also be necessary.
Parks Depl: no comments at this time
Fi re Department:
1. Sprinklers and Alarms: There must be sprinklers and fire alarms throughout the
building.
2. Water Tap: A new water tap and service will be needed to provide adequate fire
flows.
Buildinq Department:
1. Exit Separation l.ssues. The building department is concerned if the separation
between the exits complies with the code. This issue will be discussed with the
architect.
Sanitation District:
1. Allev Sewer. This project will need to replace the sewer in the alley behind the
building. The Sanitation District and SGM Engineers are working out the details.
2. Other Sanitation District Requirements:
. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the Districtoffice.
. ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the
sanitary sewer system.
. On-site utility plans require approval by ACSD.
. Oil and Grease interceptors (NOT traps) are required for all food processing
establishment. Locations of food processing shall be identified prior to building
permit.
. Oil and Sand separators are required for parking garages and vehicle
maintenance establishments. .
. Driveway entrance drains must drain to drywells.
. Elevator shafts drains must flow thru ols interceptor
. Old service lines must be excavated and abandoned at the main sanitary sewer
line according to specific ACSD requirements,
. Below grade development may require installation of a pumping system.
. One tap is allowed for each bu11.ding~Shared se.DIj(;e...!in.e....agLE,e~5..DJ.ay_b.e....
required where more than one unit is served by a single service line.
. Permanent improvements are prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard
landscaping may impact public ROW or easements to be dedicated to the
district.
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P139
MEMORANDUM
To:
James Lindt, Community Development Department
From:
Jannette Murison, City Environmental Health Department
Date:
2/7/2005
Re:
Motherlode Subdivision
ParcellD #2737-073-38-007
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. The City of Aspen Environmental Health Department has reviewed the land use submittal under
authority of the Municipal Code of the City of Aspen, and has the following comments.
AIR QUALITY: "It is the purpose of [the air quality section of the Municipal Code 13.08] to
achieve the maximum practical degree of air purity possible by .requiring the use of all available
practical methods and techniques to control, prevent and reduce air pollution throughout the
city..."The Land Use Regulations (Chapter 26 of the Municipal Code) seek to "lessen
congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean
air by protecting the natural air sheds and reducing pollutants". Subdivision applications
need to provide information on projected traffic generation and air pollution.
The major air quality impact is the emissions resulting from the traffic: generated by this project.
PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in
Aspen. The traffic generated will also produce carbon monoxide and other emissions that are
health concerns. The municipal code requires developments to achieve the maximum practical
degree of air purity by using all available practical methods to reduce pollution.
Standards used for trips generated by new development are the trip generation rates and
reductions from the 'Pitkin County Road Standards', which are based on the Institute of
Transportation Engineers Trip Generation Report. Fifth Edition. Using the ITE figures, this
proposed development would generate 25 trips/day and 3.5 pounds of PM1 O/day without
any mitigation measureS. Thus this development will have a pernicious (negative) effect
on the air quality.
In order to comply with the provisions of the land use code, and ensure that the development
does not have a pernicious effect on air quality in the surrounding area and the City of Aspen,
the Environmental Health Department recommends the following mitigation measures:
1. Units are sold with only one space.
2. Only one parking space per unit is provided.
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P141
It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures
to minimize the predicted high noise levels.
FOOD SERVICE FACILITIES: Section 10-401 of the Rules and Regulations Governing the
Sanitation of Food Service Establishments in the State of Colorado requires a review of plans
and specifications by this Department. The Department shall be consulted before preparation of
plans and specifications. The Aspen Consolidated Sanitation District must be contacted for
their recommendation on the proper size of the grease trap. Restaurant grills are regulated by
. the City of Aspen and the applicant should contact this Department to be it is in compliance with
City code.
The applicant should be aware that approval of both plans and specifications is required before
the building permit is approved. A minimum of two weeks is necessary for the Environmental
Health Department to review and approve plans. Also, final approval from this Department is
necessary before opening for business and prior to issuance of a Colorado Food Service
License.
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P143
competing for a GMQS allocation. This requirement falls under Part VIT, Section 3 of the
Aspen/Pitkin County Housing Authority's 2004 Aspen/Pitkin County Employee HoUsing
Guidelines. The Guidelines require that 60% of the bedrooms in any residential subdivision be
restricted as affordable housing. The free-market one-bedroom unit is subject to the affordable
housing mitigation and the three-bedroom unit is exempt. Based on this regulation, one and one-
half bedrooms are required to mitigate the proposed one-bedroom free market unit. Two one-
bedroom units are planned on-site, mitigating this requirement. The two units will each contain
600 net livable areas. This meets the minimum requirement as stated in the Guidelines. The
applicant is requesting that these units remain rental units. If approved, 1I1Oth of I % undivided
interest will be conveyed to APCHA.
The units are further described below:
I-Bedroom, Category2 Units
I Bath
600 sq. ft.
I-Bedroom, Free Market
1'l2 Bath
2,060 sq. ft. KitchenIDininglLiving
Small Den
Two exterior decks
.3-Bedroom, Free Market
3'l2 Baths
3,839 sq. ft. KitchenlDininglLiving
. Den, Laundry/Storage
Smaller Deck and a
. Rooftop deck
A total of II off-street parking spaces are required to accommodate the proposed development.
What is being proposed is that three of the proposed spaces will be allocated to the project's two
free-market residences while one space will be allocated to the two affordable housing units. .
Staff would prefer the units as ownership units, but the applicant is proposing the deed-restricted
units as rental units.
RECOMMENDATION: The Housing Office has reviewed the application and under the current
Land Use Regulations the two one-bedroom proposed employee housing units satisfy the mitigation
requirements for the development and recommends the Board approve the application and refer to
City Council for approval with the following conditions:
I. Two parking spaces shall be allocated and reserved for the two affordable housing units.
2. The two employee housing units shall be classified as Category 2 units.
3. TIle units will be deed-restricted as rental units but will allow for the units to become
ownership units at such time the ow:iJ.ers would request this change and/or at such time the
APCHA deems the units out of compliance over a period of more than one year. At such
2
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t::XVL/ ~[ P,45
RESOLUTION NO. 12
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING WITH CONDITIONS, SPECIAL REVIEW TO
l)PAY CASH-IN-LIEU OF PROVIDING REQUIRED OPEN
SP ACE/PEDESTRIAN AMENITY, 2)TO ESTABLISH THE AFFORDABLE
HOUSING PARKING REQUIREMENTS, AND 3) TO VARY DIMENSIONAL
REQUIREMENTS OF TRASHlUTILITY SERVICES AREA, A GMQS
EXEMPTION FOR EXP ANSIONOF A mSTORIC STRUCTURE THAT ADDS
MORE THAN ONE RESIDENTIAL DWELLING UNIT, AND RECOMMENDING
THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE MOTHER LODE
SUBDIVISION, AND A GMQS EXEMPTION FOR AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-38-007
WHEREAS, the Corrummity Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. Hyman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design for the proposed development pursuant to HPC Resolution No.
31, Series of2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on March 15,2005, the Planning
and Zorling Commission approved Resolution No.12, Series of2005, by a four to two (4-2)
vote, approving special review to pay cash-in-lieu of providing the required open space,
special review to establish the affordable housing parking special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve with conditions, the proposed Subdivision and
GMQS exemptions to constlUct a three-story addition to the Mother Lode building at 314 E.
Hyman Avenue; and,
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P147
constmction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
e. A fi.lgitive dust control plan to be reviewed and approved by the Environmental
Health Department.
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional ReQnirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be established by special
review as sixteen (16) feet wide by sixteen (16) feet in depth as discussed in Section 6
below. The Applicant shall pay cash-in-lieu of providing open space/pedestrian amenity
as represented in Section 13 below.
Section 5: Off-street Parking
The proj ect shall provide four (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units. The
Historic Preservation Commission waived the remainder of the parking requirements
pursuant to HPC Resolution No. 31, Series of2004.
Section 6: TrashIU tilitv Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, is approved by special review pursuant to the procedures established in
Land Use Code Section 26.430, Special Review. The trash container shall be wildlife
proof.
Section 7: Affordable Housing
The Applicant shall record a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 Lmits. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1110 of a percent, undivided interest in the units
to the AspenlPitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
request a change to "for-sale" wnts or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Mitigation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
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Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
I (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6,360
I
Total: $9,994
Section 16: PM-I0 Mitization
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
1. Providing only one parking space for the use of each residential unit.
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 18:
This resolution shall not effect any existing litigation and shall not operate as anabatement
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 19:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct ,md independent provision and shall not affect the
validity of the remaining portions thereof.
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ASPEN PLANNING & ZONING COMMISSION -Minutes-MARCH 15. 2005
PUBLIC HEARING:
MOTHERLODE SUBSIVISION. SPECIAL REVIEW, GMQS
EXEMPTIONS
Jasmine Tygre opened the public hearing for the Mother Lode Subdivision, Special
Review and GMQS Exemptions. Sunny Vann submitted the affidavit and proof of
notice.
James Lindt stated that Regent Properties Inc. submitted the application for
subdivision, GMQS Exemptions and Special Review for trash and utility facilities,
affordable housing parking requirements and to pay cash.in-lieu for open space.
Lindt said there would be a three-story addition to the Mother Lode building at 314
East Hyman; P&Z was the final review authority on the Special Review requests as
well as the Growth Management exemption for the development of more that one
free-market unit on the historic property. P&Z was the recommending body to
City Council for the subdivision request as well as the growth management
exemption request to develop affordable housing on the property. The addition to
the building will have a basement, which contains storage and the restored first
floor space would be commercial space of approximately 3,259 square feet and a 4
parking space garage (3 for the free market units and I for affordable housing).
Lindt stated this was a historically designated building and HPC has granted
conceptual HPC approval for the proposed addition and they granted a parking
waiver for 4 on-site spaces. The commercial square footage was just replacement
square footage and does not require employee housing mitigation; there was a
growth management exemption for the addition of I free-market unit on a historic
property without requiring employee housing mitigation and the I bedroom free
market proposed on the second floor is mitigated by the 2 affordable units on the
second floor.
Lindt stated that subdivision approval was required because of the mixed use and
staff believes that subdivision standards were met by the proposaL
Lindt pointed out the P&Z decision issues on the Mother Lode proposal were: 1.
Payment in lieu for the open space requirements was supported by staff and HPC;
2. The HPC recommendation for the on-site parking spaces was to waive the
parking requirement to 4 spaces and allocate 3 ofthose spaces to the free-market
units with 1 space allocated to the affordable housing. Staff recommended the
affordable housing should have 1 parking space per unit because it was likely that
those units would be occupied year round. 3. The Special Review to vary the
trash area to 16 by 16 feet was recommended by staff and HPC.
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ASPEN PLANNING & ZONING COMMISSION -Minutes-MARCH 15,2005
Sunny Vann introduced Doug Brown and Bill Poss. Vann said that James
succinctly described the proposal and most of the approvals have been granted to
date by HPC. Vann said the only section of the resolution they had trouble with
was the parking garage. Vann said that HPC insisted on a street front fas:ade and
eliminated the open space; there was a code amendment pending regarding the
open space methodology by which the cash-in-lieu for open space is calculated.
Vann noted this was one of the first commercial projects to come along in quite
some time and be a viable project, which could not be accomplished in this
location without that cash-in-lieu for the open space.
Vann explained that the amount of required affordable housing was one and a half
bedrooms and they were providing 2 on-site one-bedroom units. Vann said these
two affordable units were located in the commercial core and were category 2
rental units. The affordable housing units will be owned by the owners association
for the building and rented to qualified employees subject to the deed-restriction,
which will encumber the two affordable units.
Doug Brown said the project preserved one of the truly old western buildings in
town with no variances being sought and was completely within the code. Tygre
said that there were only the three issues to consider and the only issue in
contention was the allocation of the four parking spaces.
Brown said that they came in with a nice open space but HPC was clear that they
did not want the open space but rather the building brought up to the street
following the way that historic buildings were brought up to the street. Poss stated
HPC required all the buildings to line the street line. Tygre stated that P&Z was
not to decide if there should be open space or cash-in-lieu that decision was made
by HPC. Vann replied that was correct but P&Z had to take action.
Steve Skadron asked why HPC decreased the number of parking spots without
requiring cash-in-lieu. Vann replied as an incentive or stimulate commercial re-
development of historic structures the city council amended the code to grant the
authority to HPC to waive any parking that could not (in their estimation) be
provided on site.
Skadron asked if this was the end of the MotherLode down the road. Brown
replied that they wanted to continue the MotherLode Restaurant down the road as
does the manager and other people; they want to call the commercial space of the
project the MotherLode. Lindt clarified that there was no requirement to be
maintained as a restaurant, it was. Skadron asked who Regent Properties were.
Brown replied that he had 2 partners and they all live in Santa Monica; he has a
house in Aspen on Hopkins that his family spends time here. Brown stated that he
5
.......
.,
ASPEN PLANNING & ZONING COMMISSION -Minutes-MARCH IS. 2005
has retrofitted a lot of old buildings and won awards; they make the building work
from a commercial prospective.
Johnson asked how much of the patio would have been kept. Brown said about
17%. Johnson asked if the parcel next door was dedicated open space for the
Wheeler. Vann said they had to pay the open space mitigation fee at the time of
the building permit.
Public Comments:
L Rodney Jacobs, public, stated that he was president of the Wheeler
Associates Board of Directors. Jacobs said the proximity from the Green Room,
where performers who do not want to leave the building or for the Wheeler to
fulfill obligations of contracts, to the Mother Lode Restaurant was very convenient.
Skadron asked how severely the marketing effort would be impacted if the parking
spots were not available. Brown replied that it would be arbitrary in the allocation
of percentage and people need space to put their belongings; it would be a big
strike against the project.
The commissioners who agreed with staff were Johnson, Skadron and Johns who
prefaced that he could see where the applicant was coming from. Rowland, Speck
and Tygre agreed with the applicant on the parking allocation. Tygre said in this
particular instance that the allocation that the applicant requested is reasonable.
Johnson stated this was a great project and wished the applicant well. Johns asked
if parking passes were available. Lindt replied that they were by showing a lease
to the parking department.
MOTION: Steve Skadron moved to approve Resolution #12 as written with the
parking allocation of 2 for the free-market and 2 for the affordable housing. The
motion died for lack of second.
MOTION: Dylan Johns moved to approve Resolution #12 series 2005 amending
the parking allocation to three (3) free-market units and one (J) affordable unit.
John Rowland seconded. Roll call vote: Speck, yes; Skadron, no; Johns, yes;
Johnson, no; Rowland, yes; Tygre, yes. Motion carried, APPROVED 4-2.
PUBLIC HEARING:
LAUDER (860 ROARING FORK ROAD) SPECIAL REVIEW
Jasmine Tygre opened the public hearing for the Lauder Special Review. The
notice and affidavit was provided. Chris Lee said this special review was to
6
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.,.~
..,'
PUBLIC NOTICE
RE: MOTHER LODE RESTAURANT BUILDING SUBDIVISION AND GMQS
EXEMPTION FOR THE CONSTRUCTION OF AFFORDABLE HOUSING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 9, 2005 at a
meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S.
Galena S1., Aspen, to consider an application submitted by Regent Properties, Inc, 450 N. Roxbury
Drive, ste 600, Beverly Hills, CA 90210, requesting approval of subdivision and a GMQS
exemption for the development of affordable housing to construct a three-story addition to the
Mother Lode Restaurant building consisting of a street-level commercial space, two free market
residential units, and two deed-restricted affordable housing units. The property subject to the
application is commonly known as the Mother Lode Restaurant building and is located at 314 E.
Hyman Avenue. The property is legally described as Lots Nand 0, Block 81, City and TO\VTIsite of
Aspen. For further information, contact James Lindt at the City of Aspen Community
Development Department, 130 S. Galena St., Aspen, CO. (970) 429-2763,jamesl@ci.aspen.co.us.
s/Helen Kalin Klanderud, Mavor
Aspen City Council
Published in the Aspen Times on April 24, 2005
City of Aspen Account
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ,:S/!J r:;. Hy/MOM
SCfIEDULED PUBLIC HEARING DATE: ::?/~O 5
, Aspen, CO
,200
STATE OF COLORADO )
) 5S.
County of Pitkin )
I,<)(~ IAA t2S L--//{cY j (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
-4 Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
1
Posting of notice: By posting of notice, which form was obtained frO!ll the
- Cornmunity Development Department, which was made of suitable, )
waterproof materials, which was. not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
~ Mailing of notice. By the mailing of a notice obtained from the Cornmunity
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) "ys prior to
the public hearing, notice was hand delivered or mailed by first class P9stage
prepaid U.S. mail to any federal agency, state, county, municipal goven.unent,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
I.......\
'"'"'"
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~?^ ~dJ
The foregoing "Affidavit of Notice" was acknowledgec\ before ql,e,this..2 Sday
of AJ>r'11 ,200..5 by ~...s J...-- 1 ~
WITNESS MY HAND AND OFFICIAL SEAL
PL:BLlC~TrCE
RE: MOTHER LODE R TAL:RANT BUILDING
SUBDIVISION AND CMQS XEMPTION FOR THE
CO:'<STRUCTION OF AFFO ABLE HOUSING
NOTICE IS HEREB GIVEN that a public
hearing will be held on nday,May9,200Sata
meeting to begin al 5:00 p.m. before the Aspen
City C~unci1. Council Chambers, City Hall, 130 S.
Galena St., Aspen, to consider an application sub-
milled by Regent Properties, irK, 150 N. Roxbury
Drive. Sle 600, ~everly Hills. CA 90210, requestm~
approval 01 subdivision and a GMQS exemption
for the development of affordable housing to con-
slruct a Ihree-sloryaddition to the Mother Lode
Restaurant building consisting 01 a street-level
commercial space, two free market residential
units, and two deed-restricted aflordable housing
units. The property subject to the application is
commonly known as the Mother Lode Restaurant
building and is localed at 314 E. lIymanAvenue
The property is legally des<;ribeu as Lots Nand
0, Block 81, City and Townsite of Aspen.
For further information, contact James Lindt at
the City 01 Aspen Community Development De-
partment, 130 S. Galena SI., Aspen. CO, (970) 429-
276:i,iameSl@CLaspelO'US
siH enKalinKlanderud,Mayor
Aspen City Council
Published in The As n Times on April 24, 2005.
(2624)
My commission expires:
Notary Public !. :1
C,.i:S
ATTACHMENTS:
COPY OF mE PUBLICATION
'APH OF THE POSTED NOTICE (SIGN)
ND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
I'"
'-
~
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ~~~~/'~~~.
0/9
./
, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
,2006
STATE OF COLORADO )
) ss.
County of Pitkin )
!, ~~ V--1/'-/JI./ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that! have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
V Posting of notice. By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing '!!1d was continuously visible from th~ day of
-1'r""iIL ,200 ~ , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
~ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi-governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
~
~......:
Rezoning or text amendment. Whenever the otIicial zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sut1icient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendm nts"---------
The foregoing .'AtIidavit of Notice" was acknowledged before me this .5.... day
Of..JX)06 ,200.5, by c,''''''''d-- \I" """
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: \)0 r Pii^" d-DOr
1\ \ C'M l rl"A- C'h lk~~ ~
~ary Publtc ()
A Tl ACHMENTS:
i THE PUBLICA TION
, THE POSTED NOTICE (SIGN)
:GOVERN1"IENTAL AGENCIES NOTICED
BY MAlL
1"".....
"'-'
PUBLIC NOTICE
RE: MOTHER LODE RESTAURANT BillLDING SUBDIVISION AND GMQS
EXEMPTION FOR THE CONSTRUCTION OF AFFORDABLE HOUSING
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 9, 2005 at a
meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S.
Galena St., Aspen, to consider an application submitted by Regent Properties, Inc, 450 N. Roxbury
Drive, ste 600, Beverly Hills, CA 90210, requesting approval of subdivision and a GMQS
exemption for the development of affordable housing to construct a three-story addition to the
Mother Lode Restaurant building consisting of a street-level commercial space, two free market
residential units, and two deed-restricted affordable housing units. The property subject to the
application is commonly known as the Mother Lode Restaurant building and is located at 3 14 E.
Hyman Avenue. The property is legally described as Lots N and 0, Block 81, City and Townsite of
Aspen. For further information, contact James Lindt at the City of Aspen Community
Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763,jamesl@ci.aspen.co.us.
s/Helen Kalin Klanderud. Mavor
Aspen City Council
Published in the Aspen Times on April 24, 2005
City of Aspen Account
Jam Free Printing
Use Avery@ TEMPLATE 5160@
1000 EAST HOPKINS LLC
215 S MONARCH SUITE 104
ASPEN, CO 81611
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ALEXANDER JUDY
2121 NW FRONTAGE RD #254
VAIL. CO 81657
BALDWIN HARLEY
205 S GALENA ST
ASPEN, CO 81611
BENTLEYS AT THE WHEELER
PO BOX 10370
ASPEN, CO 81612
BUSH ALAN DAVID
0046 HEATHER LN
ASPEN, CO 81611-3342
CHICAGO SNOWFLAKE CORPORATION
221 E HYMAN AVE
ASPEN, CO 81611
COMCOWICH WILLIAM L
TRUSTEE OF ROBERT BARNARD TRUST
POBOX 1374
ASPEN, CO 81612
DAVIS HORN INCORPORATED
215 S MONARCH #104
ASPEN, CO 81611
ELLIS DIANA ROQUE
210 E HYMAN AVE #7
ASPEN, CO 81611
FOOTLOOSE MOCCASIN MAKERS INC
240 S MILL ST STE 201
ASPEN, CO 81611
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1-800-GO-AVFQY
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316 EAST HOPKINS LP
RYAN CO INC
8725 E BOISE ST
MESA, AZ. 85207-7735
ASPEN ARCADE L TO LLLP
4020 PALOS VERDE DR N STE 206
ROLLING HILLS ESTATES. CA 90274-
2525
BANK OF ASPEN
C/O EPROPERTY T AX-DEPT 303
PO BOX 4900
SCOTTSDALE, AZ. 85261-4900
BIRKWOOD ASSOCIATES
ATTN TERRE / 205 SOUTH MILL STREET
STE 301 A
ASPEN, CO 81611
CALHOON THOMAS C
315 LAVACA ST
AUSTIN, TX 78701
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CRYSTAL PALACE CORPORATION
PO BOX 32
ASPEN, CO 81612
DENSON JAMES 0
2484 MERGANSER DR
GRAND JUNCTION, CO 81505
ELLIS DIANA ROQUE TRUSTEE
13320 MULHOLLAND DR
BEVERLY HILLS, CA 90210
FORGE PARTNERSHIP
PO BOX 2914
BASALT, CO 81621
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407 EAST HYMAN PROPERTY L TO
34425 HWY 82
ASPEN, CO 81611
B & K ASSOCIATES
A COLORADO GENERAL PARTNERSHIP
308 S MILL ST
ASPEN, CO 81611
BARNETT-FRYWALD HOLDINGS INC
C/O BECKER BUSINESS SERVICES
630 E HYMAN AVE
ASPEN, CO 81611
BRINING ROBERT
215 S MONARCH ST STE 203
ASPEN, CO 81611
CHARLlES COW COMPANY LLC
315 E HYMAN AVE
ASPEN, CO 81611
CLARK FAMILY TRUST
PO BOX 362
ASPEN, CO 81612
DAVIDSON DONALD W
864 CEMETERY LN
ASPEN, CO 81611
DOLE MARGARET M
C/O FIRST NATIONAL BANK OF
CEDARIDGE
PO BOX 8455
ASPEN, CO 81612
FEDER HAROLD L & ZETTA F
985 CASCADE AVE
BOULDER, CO 80302-7550
FREDRICK LARRY 0
215 S MONARCH STE Gl0l
ASPEN, CO 81611
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GOLDSTEIN PETER & ALAN
150 METRO PK #2
ROCHESTER, NY 14623
GRAND FINALE L TO
PO BOX 32
ASPEN, CO 81612
HABATAT GALLERIES ASPEN INC
PO BOX G
ASPEN, CO 81612
HILLIS OF SNOWMASS INC
170 E GORE CRK
VAIL, CO 81657
ISIS LLC
PO BOX 1548
ASPEN, CO 81612
KANDYCOM INC
766 SINGING WOOD DR
ARCADIA, CA 91006
KELLY PROPERTIES INC
PO BOX 8429
ASPEN, CO 81612
LA COCINA INC
PO BOX4010
ASPEN, CO 81612
MEEKER RICHARD J AND ALLISON D
0752 MEADOWOOD DR
ASPEN, CO 81611
MORRONGIELLO CHARLES T
MORRONGIELLO LYDIA A
18 SCHOOL LN
LLOYD HARBOR, NY 11743
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1-800-GO-A' Y
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GOODING RICHARD L
4800 SHOLLY ST
ENGLEWOOD, CO 80111
GRAND SLAM HOLDINGS LLC
C/O CARL B L1NNECKE CPA PC
215 S MONARCH ST - STE# 101
ASPEN, CO 81611
HALL CHARLES L 49%
230 S MILL ST
ASPEN, CO 81611
HYMAN MALL COMMERCIAL CONDOS
LLC
290 HEATHER LN
ASPEN, CO 81611
J MS LLC
210 E HYMAN AVE STE 202
ASPEN, CO 81611-2909
KANTZER TAYLOR MICHAEL FAMILY
TRUST #1
6501 VISTA DEL MAR
PLAYA DEL REY, CA 90293
KIERNAN ROBIN
215 S MONARCH ST #1 05
ASPEN, CO 81611
L1MELlTE INC
PAAS LEROY G
228 E COOPER AVE
ASPEN, CO 81611
MILL STREET PLAZA ASSOCIATES LLC
C/O M & W PROPERTIES
205 S MILL ST STE 301 A
ASPEN, CO 81611
MSJ PROPERTIES LLC 50%
302 E HOPKINS
ASPEN, CO 81611
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3663 GRAND AVE #904
DES MOINES, IA 50312
GRIFFITH LARRY R
13322 TIERRA OAKS DR
REDDING, CA 96003
HART GEORGE DAVID & SARAH G
PO BOX 5491
SNOWMASS VILLAGE, CO 81615
IFTNFS LLC
210 E HYMAN AVE STE 202
ASPEN, CO 81611-2909
JOHNSON PETER C & SANDRA K
215 S MONARCH ST STE Gl03
ASPEN, CO 81611
KAUFMAN GIDEON I
315 E HYMAN AVE STE 305
ASPEN, CO 81611
KREVOY BRADLEY R
1401 OCEAN AVE #301
SANTA MONICA, CA 90401
LINDNER FRITZ & ERIKA
66966 TEN PEAKS CT
BEND, OR 97701-9277
MILLER AMI B
PO BOX 2385
ASPEN, CO 81612
MTN ENTERPRISES 80B
C/O HILLIS OF SNOW MASS
170 GARE CRK DR
VAIL, CO 81657
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OBRIEN MAUREEN
215 S MONARCH ST Gl02
ASPEN, CO 81611
PARK CENTRAL CONDO ASSOC
215 S MONARCH ST STE 203
ASPEN, CO 81611
RACZAK JOSEPH S & JANET L
215 S MONARCH ST STE 106
ASPEN, CO 81611
SSM LAND AQUISITION CO LLC
2121 KIRBY DR #99
HOUSTON, TX 77019
VAIL FINE ART GALLERY INC
141 E MEADOW DR #C135
VAIL, CO 81657
WHITMAN WENDALlN
210 E HYMAN AVE #101
ASPEN, CO 81611
YOUNG BARBARA A
PO BOX 3010
WINTER PARK, CO 80482-3010
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500 PATTERSON RD
GRAND JUNCTION, CO 81506
PETERSON BROOKE A 50%
302 E HOPKINS AVE
ASPEN, CO 81611
ROBERTS JANET A
215 S MONARCH STE Gl0l
ASPEN, CO 81611
THE ISIS BUILDING LLC
205 S MILL ST # 301A
ASPEN, CO 81611
WENDELlN ASSOC
A NEW YORK GENERAL PARTNERSHIP
150 METRO PARK
ROCHESTER, NY 14623
WHITMAN WENDALlN
PO BOX 4290
ASPEN, CO 816112
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C/O WILLIAM POPE
540 W SMUGGLER
ASPEN, CO 81611
PROSPECTOR FRACTIONAL OWNERS
ASSOC
301 E HYMAN AVE #108
ASPEN, CO 81611
SEGUIN WILLIAM L
PO BOX 4274
ASPEN, CO 81612
TRUE NINA W
215 S MONARCH ST # 102
ASPEN, CO 81611
WHEELER SQUARE - CASPER FAMILY
LLC
315 E HYMAN
ASPEN, CO 81611
WILLIAMS DEXTER M 51%
230 S MILL ST
ASPEN, CO 81611
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MEMORANDUM
1[~.
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director ~
FROM: James Lindt, Planner ~
RE: Mother Lode Subdivision, GMQS Exemption, and Condominiumization -
First Reading of Ordinance No-ZQ, Series of2005; Public Hearing is
scheduled for May 9th
DATE: April II, 2005
ApPLICANT fOWNER:
Regent Properties, Inc.
REPRESENTATIVE:
Vann Associates. LLC
LOCATION:
Mother Lode Restaurant Property, 314 E.
Hyman Avenue
CURRENT ZONING:
Commercial Core (CC) Zone District
PROPOSED LAND USE REQUEST:
Subdivision and associated land use
requests to expand Mother Lode
Restaurant Building.
STAFF RECOMMENDATION:
Approval with Conditions.
PHOTO ABOVE: Existing Mother Lode
Restaurant Building
SUMMARY:
The Applicant requests subdivision and
associated land use approvals to expand the
Mother Lode Restaurant building to contain
3,804 square feet of commercial space, two (2)
free market residential units and two (2) deed-
restricted affordable housing units.
LAND USE REQUESTS:
The Applicant has requested the following land use requests to expand the Mother Lode
Restaurant Building:
· Subdivision for the construction of multi-family residential units in a mixed used
development pursuant to Land Use Code Section 26.480 (City Council is final review
authority after considering a recommendation from the Planning and Zoning
Commission).
,"'-
. Special Review to reduce open space requirements pursuant to Land Use Code
Section 26.575.030(B) (Planning and Zoning Commission approved pursuant to
Resolution No. 12. Series of2005).
. Special Review for reduction in required trash and utility services area pursuant to
Land Use Code Section 26.575.070(B) (Planning and Zoning Commission approved
pursuant to Resolution No. 12, Series of2005).
. Special Review to establish affordable housing parking requirements pursuant to
Land Use Code Section 26.515.040. (Planning and Zoning Commission approved
pursuant to Resolution No. 12, Series of 2005).
. GMQS Exemption for addition of more than one residential unit on a property listed
on the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Land
Use Code Section 26.470.070(D)(2)(b) (Planning and Zoning Commission approved
pursuant to Resolution No. 12, Series of 2005).
. GMQS Exemption for enlargement of a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures pursuant to Land Use Code Section
26.470.070(D)(3)(a) (Community Development Director has approved contingent
upon obtaining final subdivision approval).
. GMQS Exemption for addition of one residential dwelling unit on a property listed on
the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Land Use
Code Section 26.470.070(D)(2)(a) (Community Development Director has approved
contingent upon obtaining final subdivision approval).
. GMQS Exemption for the development of affordable housing pursuant to Land Use
Code Section 26.470.070(1) (City Council is the final review authority after
considering a recommendation from the Planning and Zoning Commission).
. Condominiumization (Condominium plat to be reviewed by the Community
Development Director upon substantial completion of construction).
. Certificate of Appropriateness for Major Development and HPC Parking Waiver
(Conceptual design and Parking Waiver approved by HPC pursuant to Resolution No.
31, Series of 2004}
REVIEW PROCEDURE:
A development application for subdivision shall be approved, approved with conditions, or
denied by City Council after considering a recommendation from the Planning and Zoning
Commission and the Community Development Director pursuant to Land Use Code Section
26.480.040, Subdivision. The Applicant has also requested various GMQS exemptions, two
of which were reviewed and approved by the Community Development Director, one of
which was reviewed and approved by the Planning and Zoning Commission, and one of
which requires review by City Council after considering a recommendation from the
Planning and Zoning Commission (the previous paragraph describes these in more detail).
The two (2) GMQS exemptions that required review by the Community Development
Director have been approved contingent upon obtaining subdivision approval.
Finally, the Applicant requested and was granted special review approval to pay cash-in-lieu
of the open space requirements, special review to establish the affordable housing parking
requirements, and special review to reduce the size required for trash and utility services.
The land use code established that the Planning and Zoning Commission is the final review
authority on all of the special review requests and the GMQS exemption to add more than
one residential unit to a historic structure.
2
(""
'-
PROJECT SUMMARY:
The Applicant, Regent Properties, Inc, has requested approval to construct an addition to
the existing Mother Lode Restaurant building located at 314 E. Hyman Avenue.
Specifically, the Applicant would like to demolish the non-historic portion of the building
and replace it with a three-story addition. The restored first floor is proposed to contain
commercial space in the amount of approximately 3,259 square feet. The second floor to
be added to the building is to contain a one-bedroom free market residential unit of about
2,060 square feet and two I-bedroom deed-restricted affordable housing units of more than
600 square feet each. The third floor is slated for the development of a 3-bedroom free
market residential unit that is to contain approximately 3,839 square feet. A basement is
also proposed that would contain approximately 545 square feet of commercial space and
tenant storage.
In conjunction with the proposed development, the Applicant has proposed a total of four (4)
parking spaces to be provided on the site, which are to be accessed from the alley. Three (3)
of the four (4) parking spaces to be provided are proposed to be used by the free market
units, leaving one parking space for the two (2) affordable housing units to share. The
Historic Preservation Commission waived the remainder of the off-street parking
requirements in association with their review and approval of the Conceptual HPC
application. The Applicant is also proposing to provide a trash/utility service area adjacent to
the alley measuring sixteen (16) feet by sixteen (16) feet.
The following chart compares the proposed dimensional requirements with the dimensional
requirements of the Commercial Core Zone District in which the property is located:
Dimensional Proposed Underlying. Commercial
Requirement Dimensional Core Zone District
Requirements Requirements
Minimum Lot Size 6,031 SF Existing 3,000 SF
Minimum Lot Width Annrox. 60 Feet No Reauirement
Minimum Lot Area/Dwelling 1,507 SF No Requirement
Minimum Front Yard o Feet No Requirement
Setback
Minimum Side Yard Setback o Feet No Reouirement
Minimum Rear Yard Setback o Feet No Requirement
Maximum Height 42 Feet 42 Feet
Minimum Percent Open None 25%
Space
Allowable External FAR 2.3:1 3: 1
Commercial Uses .6: I (3,434 SF) 1.5: I (9,046 SF)
Free Market Residential 1.1 (6,031 SF) 1:1 (6,031 SF)
Affordable Housing .22 (1,376 SF) No Limitation
Minimum Off-Street Parking 4 Spaces (3 for 8 Spaces for Commercial
Free Market 3 for Free Market Residential Units
Units, I for AH Special Review for AH (Zoning
Units), normally requires one parking space
Remaining per each one bedroom unit)
Parking waived
by HPC
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STAFF COMMENTS:
SUBDIVISION:
The Applicant has requested subdivision approval because the development of multi-family
dwelling units in a mixed use building requires approval of subdivision pursuant to the
definition of subdivision in the City's land use code. In reviewing the subdivision portion of
the application, Staff believes that the proposal meets the applicable subdivision review
standards established in Land Use Code Section 26.480.050, Subdivision review standards.
Staff feels that the proposal is consistent with the intill development goals established in the
2000 Aspen Area Community Plan. Additionally, the Applicant has applied for sufficient
GMQS exemptions for the development rights needed to construct the proposed project (See
Staffs explanation of GMQS implications below).
GMQS IMPLICATIONS:
The Applicant has applied for four (4) separate GMQS exemptions to obtain sufficient
development rights to construct the proposed project when the exemptions are used in
concert with each other. The Community Development Director has issued a written
interpretation of the land use code establishing that the separate exemptions may be used
together (please see interpretation included in the application attached as Exhibit "B"). A
listing of the requested GMQS exemptions and discussion of the project's compliance with
each exemption requirement is detailed below:
. Enlargement o{property listed on the Aspen Inventory of Historic Landmark
Sites and Structures intended for commercial or office purposes. The
Applicant has requested this exemption in order to increase the floor area of
the building without increasing the net leasable square footage on the site.
This provision for development is exempt from GMQS scoring and employee
housing mitigation requirements pursuant to Land Use Code Section
26.470.070(0)(3). The only requirements for obtaining this exemption are
that the property must be on the historic inventory and that the development
proposal will not increase both the FAR and the net leasable square footage on
the site. Staff finds that the proposal satisfies the above stated
requirements and the Community Development Director has approved
an administrative GMQS exemption contingent upon obtaining final
subdivision approval.
. Enlargement of property listed on the Aspen Inventory ()f Historic Landmark
Sites and Structures for the addition olone dwelling unit The Applicant has
requested this exemption in order to construct the three-bedroom free market
dwelling unit exempt from employee housing mitigation requirements
pursuant to Land Use Code Section 26.470.070(D)(2)(a). The only
requirements for obtaining this exemption are that the property must be on the
historic inventory and that sufficient development allotments are available
within the Aspen Metro Area. Staff believes that there are available
allotments and that the property is designated historic. Given these findings,
the Community Development Director has approved an administrative
GMQS exemption contingent upon obtaining final subdivision approval.
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. Enlargement of property listed on the A.\pen Inventory of Historic Landmark
Sites and Structures fhr the addition of more than one dwelling unit. The
Applicant has requested this exemption in order to construct the one-bedroom
free market dwelling unit proposed on the second floor, which is the second
free market dwelling unit proposed to be constructed on the property pursuant
to Land Use Code Section 26.470.070(D)(2)(b). This GMQS exemption
requires that affordable housing mitigation be provided for the development of
the one free market dwelling unit at a rate of sixty percent of the bedrooms in
the residential subdivision. The Applicant has proposed two I-bedroom
affordable housing units which comprise sixty-seven percent (67%) of the
total bedrooms, surpassing the sixty percent (60%) required by the code,
considering that the three-bedroom free market unit is exempt by means of the
exemption detailed above. The Planning and Zoning Commission has
already granted approval of this GMQS exemption request.
. GMQS Exemption fhr the development of Affordable Housing. The tinal
GMQS exemption requested by the Applicant is the exemption to allow for
the Applicant to construct the two (2) affordable housing units pursuant to
Land Use Code Section 26.470.070(1). The requirements for granting this
exemption are that there is an established need for additional affordable
housing and that the proposed units meet the requirements of the Aspen/Pitkin
County Affordable Housing Guidelines. Staff finds that there continues to be
a need for the development of additional affordable units in that the AACP's
goal for the development of 1300 additional affordable housing units has not
been met. The Housing Authority has reviewed the proposal and finds that
the proposed affordable housing units meet the Affordable Housing Guideline
requirements. City Council is the final review authority on this exemption
request and shall consider a recommendation from the Planning and
Zoning Commission and Housing Authority.
In reviewing the proposed affordable housing units, the Housing Board recommended that
certain controls be placed on the affordable housing units that would convert them from
rental to "for sale" units if the Housing Authority Staff if ever deems the units to be out of
compliance with the rental occupancy requirements for a time period of over a year. The
Housing Board felt that a condition of this nature would help them ensure that these
affordable housing units remain occupied.
SCHOOL LANDS DEDICA nON FEE:
Given that the proposed development constitutes a full subdivision review, Land Use Code
Section 26.630, School lands dedication, requires that the Applicant either dedicate lands for
school function or pay a cash-in-lieu payment. The Applicant has proposed to pay a eash-in-
lieu payment pursuant to the fee schedule established in Land Use Code Section 26.630.
Staff has included a condition of approval in the proposed resolution requiring that the
Applicant pay the School Lands Dedication Fee prior to issuance of a building permit for the
proposed development.
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PARK DEVELOPMENT IMPACT FEE:
The Applicant is required to pay a Park Development Impact Fee for additional bedrooms
and additional net leasable square footage added to the site pursuant to Land Use Code
Section 26.610, Park development impactfee. The Park Development Impact Fee for this
project shall be assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
Proposed Development:
Proposed Residential
I (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit = $3,634
3 (one-bedroom) Units multiplied by $2,120 per unit = $6.360
Total: $9,994
Staff has included a condition of approval in the proposed resolution requiring that a Park
Development Impact Fee of $9,994 be paid at prior to building permit issuance.
P A YMENT- IN- LIEU OF OPEN SPACE:
The Applicant has requested approval of special review to pay cash-in-lieu of providing the
required twenty-five percent (25%) open space on the site. As is indicated in the application,
the Applicant originally proposed to maintain the property's existing patio area to meet the
Commercial Core Zone District's open space requirement for the site. However, during the
HPC's initial review of the Conceptual HPC application, the Commission required that any
addition to the Mother Lode building abut the street at ground level, thereby eliminating the
Applicant's opportunity to provide the required open space on the site.
At the previous City Council meeting, Council approved amendments to the Open
Space/Pedestrian Amenity section of the land use code that now allow for applicants to pay a
cash-in-lieu fee based on the rate of the lesser of$50 per square foot or the appraised value of
the unimproved property per square foot. Even though this application was submitted prior
to adoption of the proposed code language on open space, the Applicant has the ability to
choose which of the open space ordinances they would like applied to their application.
That being said, the Applicant would like to use the new open space/pedestrian amenity
requirements, which would require a payment-in-lieu of $50 per square foot. The pedestrian
amenity requirement of twenty-five percent (25%) of the lot would equate to 1,508 square
feet and thus the Applicant would be required to pay $75,400 ($50 multiplied by 1,508 SF)
under the new regulations. The Planning and Zoning Commission approved the requested
special review to provide cash-in-lieu of providing the required open space in this specific
case. Staff has included a condition of approval in the attached ordinance requiring that the
Applicant make a payment-in-lieu of providing open space/pedestrian amenity at the time of
the building permit issuance. The condition included in the proposed ordinance also requires
the Applicant to pay cash-in-lieu based on the methodology and fee schedule in place at the
time of building permit issuance.
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ON-SITE PARKING:
The Applicant has proposed four (4) off-street parking spaces for the entire development.
Three (3) of these spaces are proposed to be allocated for the use of the two (2) free market
residential units. During HPC's review of the conceptual HPC application, HPC waived the
remainder of the parking requirements. Staff recommended that two (2) of the parking
spaces be allocated for sole use by the two (2) affordable housing units rather than the one
space that is proposed since the affordable housing units are required to have year-round
occupancy and it is not likely that the free market units will be occupied on a year-round
basis. The Housing Board concurred with the Planning Staffs opinion that one of the
parking spaces should be allocated and dedicated for the use of each of the affordable
housing units. However, after considerable discussion, the Planning and Zoning Commission
approved the special review request and allocated only one parking space for the use of the
two (2) affordable housing units. The attached ordinance contains a condition of approval
representing the Planning and Zoning Commission's decision on this matter.
TRASH/ UTILITY SERVICE AREA SIZE:
The Applicant proposed to provide a trash/utility service area of sixteen (16) feet by sixteen
(16) feet adjacent to the alleyway. Traditionally, the land use code has required trash and
utility service areas to be a minimum length of twenty (20) feet and a depth of ten (10) feet,
which can be reduced through special review. Therefore, the application requested special
review approval to establish the proposed trash/utility service area dimensions.
In reviewing the request, Staff felt that the proposed trash and utility area is of sufficient size
in that the total area proposed is fifty-six (56) square feet larger than the size required by the
code. Staff also felt that the added depth of the trash and utilities service area make it easily
accessible to trash trucks. The Planning and Zoning Commission approved the requested
special review establishing the trash and utility area dimensions as proposed.
REFERRAL AGENCY COMMENTS:
The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Streets
Department, and the Parks Department have all reviewed the proposed application and there
requirements have been included as conditions of approval when appropriate.
RECOMMENDATION:
Staff finds that the application complies with the review standards for granting approval of
Subdivision and a GMQS exemption for the development of affordable housing. That being
the case, Staff recommends that City Council approve the attached ordinance, approving
with conditions, the requested Mother Lode Subdivision and a GMQS exemption to develop
affordable housing.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommended that City Council approve the
subdivision and GMQS exemption request to construct affordable housing by a vote of four
to two. The two (2) members of the Commission that cast dissenting votes expressed that
they did so because they were in agreement with Staff that two (2) of the parking spaces
should be allocated for the use of the affordable housing units. The Planning and Zoning
Commission's resolution is attached as Exhibit "D" and Staff will include the minutes from
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the Planning and Zoning Commission meeting in the packet for second reading of this
ordinance.
C1TVMANAGER'SCOMMENTS: 4~'M"...J ~ -w-,K ]t{[
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RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve upon first reading, Ordinance No.2S Series of 2005, approving with
conditions, the Mother Lode Subdivision and a GMQS exemption to construct affordable
housing for a three-story addition to the building at 314 E. Hyman Avenue, consisting of
two (2) free market residential units, two (2) affordable housing units, and a basement
containing tenant storage. "
ATTACHMENTS:
EXHIBIT A -- Review Criteria and StafTFindings
EXHIBIT B -- Application
EXHIBIT C -- Referral Comments
EXHIBIT 0-- Planning and Zoning Commission Resolution
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ORDINANCE NO.d. ':::::>
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE MOTHER LODE SUBDIVISION AND A GMQS
EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. Hyman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design and off-street parking waiver for the proposed development
pursuant to HPC Resolution No. 31, Series of2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission approved a special review request to pay cash-in-
lieu of providing the required open space/pedestrian amenity, special review to establish
the affordable housing parking requirements, special review to establish the dimensional
requirements for the trash/utility/recycling area, and a GMQS exemption for the
construction of more than one free market dwelling unit on a historically designated
property pursuant to Resolution No. 12, Series of2005; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Planning and Zoning Commission also recommended that City Council approve with
conditions, the Mother Lode subdivision and a GMQS exemption for the development of
affordable housing pursuant to Resolution No. 12, Series of2005; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
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WHEREAS, during a duly noted public hearing on May 9, 2005, the Aspen City
Council reviewed the proposed Mother Lode Subdivision and GMQS Exemption for the
development of affordable housing and approved Ordinance No. _' Series of 2005,
approving with conditions, the Mother Lode Subdivision and associated land use
requests to construct a three-story addition to the Mother Lode building at 314 E. Hyman
A venue; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance fUrthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the Mother Lode Subdivision and GMQS Exemption to
provide on-site aflordable housing in order to construct a three-story addition to the
Mother Lode Restaurant Building located at 314 E. Hyman Avenue, with the conditions
contained herein.
Section 2: Plat and Al?:reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approvaL
Section 3: Buildinl?: Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
d. A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent.
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e. A fugitive dust control plan to be reviewed and approved by the Environmental
Health Department.
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional Requirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be established by special
review as sixteen (16) feet wide by sixteen (16) feet in depth as discussed in Section 6
below. The Applicant shall pay cash-in-lieu of providing open space/pedestrian amenity
as represented in Section 13 below.
Section 5: Off-street Parkiue:
The project shall provide four (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units pursuant to
Planning and Zoning Commission Resolution No. 12, Series of 2005. The Historic
Preservation Commission waived the remainder of the parking requirements pursuant to
HPC Resolution No. 31, Series of 2004.
Section 6: Trash/Utilitv Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, was approved by special review pursuant to Planning and Zoning
Commission Resolution No. 12, Series of 2005. The trash container shall be wildlife
proof.
Section 7: Affordable Housine:
The Applicant shall record a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a I/1O of a percent, undivided interest in the units
to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Mitie:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
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Section 9: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 10: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement.
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the Mother Lode Redevelopment. If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall be approved by the Community
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental 1ransformer for
maintenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Lil!:htinl!:
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Pavment-in-lieu of Open Space/Pedestrian Amenitv
Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a
cash in-lieu fee of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at the time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
schedule in affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
,...,.
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
I (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6.360
Total: $9,994
Section 16: PM-I0 Mitie:ation
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
I. Providing only one parking space for the use of each residential unit.
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17:
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 construed and concluded under such
prior ordinances.
Section 18:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 19:
A public hearing on the ordinance shall be held on the 9th day of May, 2005, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the II Ih day of April, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 9th day of May, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
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Subdivision
REVIEW CRITERIA & STAFF FINDINGS
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
1. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding
Staff believes that the proposed subdivision is consistent with many aspects of the infill goals
and objectives established in the 2000 AACP. Additionally, Staff feels that the proposal
upgrades a commercial space that is in need of improvements, which is consistent with the
City's goals of stimulating commercial redevelopment as the application points out. Staff
finds this criterion to be met.
2. The proposed subdivision shall be consistent with the character of existing
land uses in the area.
Staff Finding
Staff believes that the proposed mixed use development is consistent with the land uses in the
immediate vicinity. Mixed use buildings that are comprised of ground floor commercial and
residential development on the upper floors are common and encouraged throughout the
commercial core of town. Staff finds this criterion to be met.
3. Tile proposed subdivision shall not adversely affect tile future development
of surrounding areas.
Staff Finding
As the application indicates, the surrounding properties are close to fully developed.
Therefore, Staff does not believe that the proposal will adversely affect the future
development of the surrounding properties. Staff finds this criterion to be met.
4. The proposed subdivision sllall be in compliance with all applicable
requirements of tllis Title.
Staff Finding
The proposed development is in compliance with the Commercial Core Zone District's
allowable dimensional requirements with the exception of open space/pedestrian amenity and
trash/ utility service area requirements. However, the Applicant requested and received
approval from the Planning and Zoning Commission to pay cash-in-lieu of providing the
required open space/pedestrian amenity and for a reduction in the size of the trash/utility
service area. Additionally, the HPC has waived the parking requirements to allow for a
reduction in required off-street parking to four (4) parking spaces. Staff finds this criterion to
be met.
B. Suitability of Landfor Subdivision
a. Land suitability. Tile proposed subdivision sllall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
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mudflow, rockslide, avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the health, safety, or welfare of
the residents in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature extension
of public facilities and annecessary public costs.
Staff Finding
Staff believes that the property is suitable for subdivision. The site contains no steep
topography and no known geologic hazards that may harm the health of any of the
inhabitants of the proposed development. In addition, Staff believes that there will not be a
duplication or premature extension of public facilities because the property to be subdivided
is already served by adequate public facilities. Therefore, Staff finds this criterion to be met.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for
the proposed subdivision. These stantlards may be varied by special review (See. Chapter
26.430) if the following conditions have been met:
I. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the goals
of the community.
2. The applicant shall specify each design standard variation requested and
provide justification for each variation request, providing design recommendations
by professional engineers as necessary.
Staff Finding
Additionally, the Applicant has consented in the application to meet the applicable
improvements pursuant to Section 26.580. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable housing in compliance with the requirements
of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of
new dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
Staff Finding
The Applicant has concurrently applied for the required GMQS exemptions. In conjunction
with the GMQS exemption requests, the Applicant has proposed to mitigate for the one-
bedroom free market residential unit by providing two I-bderoom affordable housing. The
remainder of the proposed development is exempt from affordable housing mitigation. Staff
finds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards
setforth at Chapter 26.630.
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Staff Findin~
The proposed subdivision is required to meet the School Land Dedication Standards pursuant
to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of
providing land, which will be paid prior to building permit issuance. Thus, staff finds this
criterion to be met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing
Planned Unit Development (AH-PUD) without first obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to the City Attorney.
(Drd. No. 44-2001, 82)
Staff Finding
The Applicant has concurrently applied for GMQS exemptions. Please see Staffs response
to Review Standard "0" for Staffs response to this criterion.
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GMQS EXEMPTIONS
Section 26.470.070(J), Affordable Housing GMQS Exemption
Section 26.470.070(J) of the Regulations provides that, "All affordable housing deed
restricted in accordance with the housing guidelines of the City Council and its housing
designee shall be exempt [from the GMQS scoring and competition procedures]." Review is
by City Council. The section goes on to state that,
The review of any request for exemption of housing pursuant to this Section shall include
a determination of the City's need for such housing, considering the proposed
de>'elopment's compliance with an adopted housing plan, the number of dwelling units
proposed and their location, the type of dwelling units proposed, specifically regarding the
number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the
proposed development, and the proposed price categories to which the dwelling unit.\. are
to be deed restricted.
Staff Finding
The Applicant has proposed two deed-restricted I-bedroom affordable housing units to
mitigate for the one-bedroom free market unit that is proposed on the second floor. These
affordable housing units are to be rental units that are proposed to be deed restricted at a
Category 2 rental rate. Staff feels that there certainly still is a need for the development of
affordable housing in that we are still under the projected need of 800 to 1300 additional
affordable housing units that is set forth in the 2000 Aspen Area Community Plan's Housing
Policies. Moreover, Staff believes that the proposed site is located in an appropriate location
for the development of affordable housing in that it is in the commercial core and well within
the Urban Growth Boundary as is mandated by the AACP. Moreover, the Housing Authority
has found that the proposed development complies with the Aspen/Pitkin County Affordable
Housing Guidelines. Staff finds this criterion to be met.
12
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&11,b)'~ \'C 1'1
r' MEMORANDUM
........
To: Development Review Committee
From: John Niewoehner, Community Development Engineer,
DRC Caseload Coordinator
Date: February 10,2005
Re: 2/9/05 DRe Minutes: Mother Lode Redevelopment
Attendees:
James Lindt, Case Planner - Community Development Department
Nick Adeh, City Engineer
Phil Overeynder, Water Department
John Niewoehner, Community Development Department
Ed VanWalraven, Fire Department
Denis Murray, Building Department
Cindy Christensen, Housing Department
Brian Flynn, Park Department
Sunny Vann, Planner for Applicant
Jay Hammond, SGM Engineers
At the February 9, 2005 DRC meeting, the Development Review Committee reviewed the
following project:
Mother Lode Redevelopment - The project plans to construct a 3-story addition to the Mother
Lode Restaurant located at 314 E. Hyman.
. Ground floor: The front of the existing building will remain. The rear, non-historic part of
the existing building will be demolished and reconstructed.
. Basement: A basement will be constructed under the new, back half of the building.
. 2nd Floor: The second floor will have three units - - 2 one-bedroom affordable housing
units and a one-bedroom free market unit
. 3rd Floor: The third floor will have a 3-bedroom free market unit
DRC COMMENTS
Enaineerina:
1. Construction Manaaement Plan (CMP): A construction management plan must be
submitted at the time of building permit A checklist of items to be included in the
CMP can be obtained from the City Engineering Department
2. Construction Impacts on Hvman St The CMP must identify how pedestrians will be
protected and the dates that the Hyman St ROW will be impacted.
3. Haul Routes: The CMP must describe the haul routes. The primary haul route will
be the alley behind the Mother Lode.
4. No structures in ROW: No portion of the building can extend into the ROW including
footers, eaves, and utility meters. The building must be designed such that doors do
not swing open into the Hyman Street ROW.
5. Excavation Stabilization Plan: An excavation stabilization plan must be submitted as
part of the building permit application. The plan is to be prepared by a qualified
professional engineer.
6. ROW Restoration: The sidewalk and curbs must be restored to their existing
condition.
7. Drainaqe: To prevent ice formation in the alley, drainage from the building cannot be
discharged in the alley.
Environmental Health:
Summary of EH Recommendations: I n order to comply with the provisions of the land use code,
and ensure that the development does not have a pernicious effect on air quality in the
surrounding area and the City of Aspen, the Environmental Health Department recommends the
following mitigation measures: (1) Units are sold with only one space; (2) Only one parking space
per unit is provided; (3) Home Owners Association and/or Commercial tenant join the
Transportation Options Program; and (4) Provide covered and secured bike storage.
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Page 2 of 4 ~
February 10, 2005
Mother Lode Redevelopment
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. AIR QUALITY: "It is the purpose of [the air quality section of the Municipal Code 13.08J
to achieve the maximum practical degree of air purity possible by requiring the use of all
available practical methods and techniques to control, prevent and reduce air pollution
throughout the city.__"The Land Use Regulations (Chapter 26 of the Municipal Code) seek
to "lessen congestion" and "avoid transportation demands that cannot be met" as well as
to "provide clean air by protecting the natural air sheds and reducing pollutants".
Subdivision applications need to provide information on projected traffic
generation and air pollution. The major air quality impact is the emissions resulting from
the traffic generated by this project PM-10 (83% of which comes from traffic driving on
paved roads) is a significant health concern in Aspen. The traffic generated will also produce
carbon monoxide and other emissions that are health concerns. The municipal code
requires developments to achieve the maximum practical degree of air purity by using all
available practical methods to reduce pollution.
Standards used for trips generated by new development are the trip generation
rates and reductions from the 'Pitkin County Road Standards', which are based on the
Institute of Transportation Engineers Trip Generation Report. Fifth Edition. Using the ITE
figures, this proposed development would generate 25 trips/day and 3.5 pounds of
PM10/day without any mitigation measures. Thus this development will have a
pernicious (negative) effect on the air quality.
. FIREPLACEIWOODSTOVE PERMITS: The applicant must file a fireplace/woodstove
permit with the Building Department before the building permit will be issued. In the City
of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of
each) and unlimited numbers of decorative gas fireplace appliances per building. New
homes may NOT have wood burning fireplaces, nor may any heating device use coal as
fuel.
. FUGITIVE DUST: Any development must implement adequate dust control measures. A
fugitive dust control plan is required which includes, but is not limited to fencing, watering of
haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that
has been carried out, speed limits, or other measures necessary to prevent windblown dust
from crossing the property line or causing a nuisance. A fugitive dust control plan must
be submitted to the Colorado Department of Public Health and Environment, Air
Quality Control Division ifthis project is over 1 acre in size.
. ASBESTOS: Prior to remodel, expansion or demolition of any public or commercial
building, including removal of drywall, carpet, tile, etc., the state must be notified and a
person licensed by the state to do asbestos inspections must do an inspection. The
Building Department cannot sign any building permits until they get this report. If there is
no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos
removal contractor must remove it
. TRASH STORAGE AREA: The applicant should make sure that the trash storage area
has adequate wildlife protection. We recommend recycling containers be present
wherever trash compactors or dumpsters are located. The trash area will need to
accommodate grease storage if a restaurant continues to occupy the commercial
space.
. NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a
significant source of environmental pollution that represents a present and increasing
threat to the public peace and to the health, safety and welfare of the residents of the City
of Aspen and it its visitors. __.Accordingly, it is the policy of Council to provide standards for
permissible noise levels in various areas and manners and at various times and to prohibit
noise in excess of those levels." During construction, noise cannot exceed maximum
permissible sound level standards, and construction cannot be done except between the
hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays.
It is very likely that noise generated during the construction phase of this project will have
some negative impact on the neighborhood. The applicant should be aware of this and take
measures to minimize the predicted high noise levels.
. FOOD SERVleE FAeILlTIES: Section 10-401 of the Rules and Regulations Governing
the Sanitation of Food Service Establishments in the State of Colorado requires a review
of plans and specifications by this Department The Department shall be consulted before
_.
Page 3 of4
February 10, 2005
Mother Lode Redevelopment
."..,f
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j
preparation of plans and specifications. The Aspen Consolidated Sanitation District must
be contacted for their recommendation on the proper size of the grease trap. Restaurant
grills are regulated by the City of Aspen and the applicant should contact this Department
to be it is in com pliance with City code.
The applicant should be aware that approval of both plans and specifications is
required before the building permit is approved. A minimum of two weeks is necessary for
the Environmental Health Department to review and approve plans. Also, final approval
from this Department is necessary before opening for business and prior to issuance of a
Colorado Food Seryice License.
Housina Department:
1. 'For Sale' AH Units: The Housing Dept may recommend that the AH units be 'for sale'
and not rental units.
2. AH Parkinq: Each AH unit needs to have a designated on-site parking spot
Water and Electric Dept:
1. Water and Electric Meters: Each unit needs to have its own water and electric meter.
2. Transformer: Electric loads have yet to be calculated, but there is a possibility that
the transformer that seryes the property will need to be upgraded by the developer.
If a larger transformer is necessary, a larger easement may also be necessary.
Parks Dept: no comments at this time
Fire Department:
1. Sprinklers and Alarms: There must be sprinklers and fire alarms throughout the
building.
2. Water Tap: A new water tap and seryice will be needed to provide adequate fire
flows.
Buildinq Department:
1. Exit Separation Issues. The building department is concerned if the separation
between the exits complies with the code. This issue will be discussed with the
architect
Sanitation District:
1. Allev Sewer. This project will need to replace the sewer in the alley behind the
building. The Sanitation District and SGM Engineers are working out the details.
2. Other Sanitation District Requirements:
. Seryice is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the Districtoffice.
. ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the
sanitary sewer system.
. On-site utility plans require approval by ACSD.
. Oil and Grease interceptors (NOT traps) are required for all food processing
establishment Locations of food processing shall be identified prior to building
permit
. Oil and Sand separators are required for parking garages and vehicle
maintenance establishments.
. Driveway entrance drains must drain to drywells.
. Elevator shafts drains must flow thru o/s interceptor
. Old seryice lines must be excavated and abandoned at the main sanitary sewer
line according to specific ACSD requirements,
. Below grade development may require installation of a pumping system.
. One tap is allowed fOl each building~Shared service line agreements_may be
required where more than one unit is served by a single service line.
. Permanent improvements are prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard
landscaping may impact public ROW or easements to be dedicated to the
district
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Page 4 of 4 '",..>
February 1 0, 2005
Mother Lode Redevelopment
,
. All ACSD fees must be paid prior to the issuance of a building permit, Peg in our
office can develop an estimate for this project once detailed pJans have been
made available to the district
. Where additional development would produce flows that would exceed the
planned reserve capacity of the existing system (collection system and or
treatment system) an additional proportionate fee will be assessed to eliminate
the downstream collection system or treatment capacity constraint Additional
proportionate fees would be collected over time from all development in the area
of concern in order to fund the improvements needed.
. Where additional development would produce flows that would overwh,elm the
planned capacity of the existing collection system and or treatment facility, the
development will be assessed fees to cover the costs of replacing the entire
portion of the system that would be overwhelmed. The District would fund the
costs of constructing reserve capacity in the area of concern (only for the
material cost difference for larger line).
. The glycol heating and snow melt system must be designed to prohibit and
discharge of glycol to any portion of the public and private sanitary sewer system.
The glycol storage areas must have approved containment facilities.
/DRC/Motherlode2-9-05
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MEMORANDUM
,
To:
James Lindt, Community Development Department
From;
Jannette Murison, City Environmental Health Department
Date:
2/7/2005
Re:
Motherlode Subdivision
ParcellD #2737-073-38-007
-----------------------------------------------
-----------------------------------------------
The City of Aspen Environmental Health Department has reviewed the land use submittal under
authority of the Municipal Code of the City of Aspen, and has the following comments.
AIR QUALITY: "It is the purpose of [the air quality section of the Municipal Code 13.08] to
achieve the maximum practical degree of air purity possible by requiring the use of all available
practical methods and techniques to control, prevent and reduce air pollution throughout the
city..:'The Land Use Regulations (Chapter 26 of the Municipal Code) seek to "lessen
congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean
air by protecting the natural air sheds and reducing pollutants". Subdivision applications
need to provide information on projected traffic generation and air pollution.
The major air quality impact is the emissions resulting from the traffic generated by this project
PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in
Aspen. The traffic generated will also produce carbon monoxide and other emissions that are
health concerns. The municipal code requires developments to achieve the maximum practical
degree of air purity by using all available practical methods to reduce pollution.
Standards used for trips generated by new development are the trip generation rates and
reductions from the 'Pitkin County Road Standards', which are based on the Institute of
Transportation Engineers Trip Generation Report. Fifth Edition. Using the ITE figures, this
proposed development would generate 25 trips/day and 3.5 pounds of PM10/day without
any mitigation measur!ils. Thus this development will have a pernicious (negative) effect
on the air quality.
In order to comply with the provisions of the land use code, and ensure that the development
does not have a pernicious effect on air quality in the surrounding area and the City of Aspen,
the Environmental Health Department recommends the following mitigation measures:
1. Units are sold with only one space.
2. Only one parking space per unit is provided.
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3. Home Owners Association andlor Commercial tenant join the Transportation Options
Program.
4, Provide covered and secured bike storage.
Reminders for other Environmental Health concerns
FIREPLACEIWOODSTOVE PERMITS: The applicant must file a fireplace/woodstove permit
with the Building Department before the building permit will be issued. In the City of Aspen,
buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and
unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT
have wood burning fireplaces, nor may any heating device use coal as fuel.
FUGITIVE DUST: Any development must implement adequate dust control measures.
A fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul
roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been
carried out, speed limits, or other measures necessary to prevent windblown dust from crossing
the property line or causing a nuisance. A fugitive dust control plan must be submitted to the
Colorado Department of Public Health and Environment, Air Quality Control Division if this
project is over 1 acre in size.
ASBESTOS: Prior to remodel, expansion or demolition of any public or commercial building,
including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed
by the state to do asbestos inspections must do an inspection. The Building Department
cannot sign any building permits until they get this report. If there is no asbestos, the demolition
can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it
TRASH STORAGE AREA: The applicant should make sure that the trash storage area has
adequate wildlife protection. We recommend recycling containers be present wherever trash
compactors or dumpsters are located. The trash area will need to accommodate grease
storage if a restaurant continues to occupy the commercial space.
NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a
significant source of environmental pollution that represents a present and increasing threat to
the public peace and to the health, safety and welfare of the residents of the City of Aspen and
it its visitors. ...Accordingly, it is the policy of Council to provide standards for permissible noise
levels in various areas and manners and at various times and to prohibit noise in excess of
those levels."
During construction, noise cannot exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday.
Construction is not allowed on Sundays.
,....."
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It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures
to minimize the predicted high noise levels.
FOOD SERVICE FACILITIES: Section 1 0-401 of the Rules and Regulations Governing the
Sanitation of Food Service Establishments in the State of Colorado requires a review of plans
and specifications by this Department The Department shall be consulted before preparation of
plans and specifications. The Aspen Consolidated Sanitation District must be contacted for
their recommendation on the proper size of the grease trap. Restaurant grills are regulated by
the City of Aspen and the applicant should contact this Department to be it is in compliance with
City code.
The applicant should be aware that approval of both plans and specifications is required before
the building permit is approved. A minimum of two weeks is necessary for the Environmental
Health Department to review and approve plans. Also, final approval from this Department is
necessary before opening for business and prior to issuance of a Colorado Food Service
License.
/',"....,
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MEMORANDUM
TO:
James Lindt
FROM:
Cindy Christensen
DATE:
March 3, 2005
RE:
MOTHER LODE SUBDIVISION LAND USE REVIEW
Parcel ID No. 2737-073-38-007
ISSUE: The applicant is requesting approval to construct a three-story addition on the Mother
Lode Restaurant site located at 314 East Hyman.
BACKGROUND: The following is being proposed:
.
Ground Floor: The front of the existing building will remain; the back portion of the
existing building will be demolished and reconstructed.
.
Basement: A basement will be constructed under the back half of the building for storage.
.
2nd Floor: The second floor is to contain three units - two one-bedroom affoTdable housing
units and a one-bedroom free-market unit
3 rd Floor: The third floor is to contain a three-bedroom free market unit
.
The structure currently exists of a total 3,804 net leasable square feet The applicant is proposing to
preserve the historic portion of the existing Mother Lode and to incorporate a larger mixed-use
commercial/residential structure. According to Section 26.470.070D3 of the City Land Use Code,
the existing net leasable commercial area located within a designated historic structure may be
demolished and reconstructed exempt from growth management and affordable housing mitigation.
This section of the Code also permits the floor area of the replacement structure to exceed that of
the demolished structure provided that there is no increase in commercial net leasable area and the
replacement structure complies with the dimensional requirements of the underlying zone district.
Approximately 3,259 square feet of the Mother Lode building's 3,804 square feet will be located on
the expanded ground floor. Any portion of the project's net leasable area not utilized on the ground
floor will be located in the basement The remainder of the basement will be utilized for tenant
storage.
Pursuant to Section 26.470.070D2a of the City Land Use Code, the expanded structure may contain
one free-market residential unit that is also exempt from growth management and affordable
housing mitigation. Section 26.470.070D5(a)(l) requires that affordable housing be provided
commensurate with that which would otherwise be required if an additional free market unit were
1
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competing for a GMQS allocation. This requirement falls under Part VII, Section 3 of the
AspenlPitkin County Housing Authority's 2004 Aspen/Pitkin County Employee Housing
Guidelines. The Guidelines require that 60% of the bedrooms in any residential subdivision be
restricted as affordable housing. The free-market one-bedroom unit is subject to the affordable
housing mitigation and the three-bedroom unit is exempt. Based on this regulation, one and one-
half bedrooms are required to mitigate the proposed one-bedroom free market unit. Two one-
bedroom units are planned on-site, mitigating this requirement. The two units will each contain
600 net livable areas. This meets the minimum requirement as stated in the Guidelines. The
applicant is requesting that these units remain rental units. If approved, IIIOlh of I % undivided
interest will be conveyed to APCHA
The units are further described below:
I-Bedroom, Category 2 Units
I Bath
600 sq. ft.
I-Bedroom, Free Market
I'iiBath
2,060 sq. ft, Kitchen/DininglLiving
Small Den
Two exterior decks
3-Bedroom, Free Market
3'ii Baths
3,839 sq. ft. Kitchen/DininglLiving
Den, Laundry/Storage
Smaller Deck and a
Rooftop deck
A total of II off-street parking spaces are required to accommodate the proposed development.
What is being proposed is that three of the proposed spaces will be allocated to the project's two
free-market residences while one space will be allocated to the two affordable housing units.
Staff would prefer the units as ownership units, but the applicant is proposing the deed-Testricted
units as rental units.
RECOMMENDATION: The Housing Office has reviewed the application and under the current
Land Use Regulations the two one-bedroom proposed employee housing units satisfY the mitigation
requirements for the development and recommends the Board approve the application and refer to
City Council for approval with the following conditions:
I. Two parking spaces shall be allocated and reserved for the two affordable housing units.
2. The two employeehousing units shall be classified as Category 2 units.
3. The units will be deed-restricted as rental units but will allow for the units to become
ownership units at such time the owners would request this change and/or at such time the
APCHA deems the units out of compliance over a period of more than one year. At such
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time, the units will be listed for sale with the Housing Office as specified in the deed
restriction at the Category 2 maximum sales price.
4. The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior
to Certificate of Occupancy.
5. APCHA or the applicant shall structure a deed restriction for the units such that 1/l0th of
I percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County
Housing Authority; or until such time the units become ownership units; or the applicant
may propose any otheT means that the Housing Authority determines acceptable.
3
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001 b(+ '1)'1
RESOLUTION NO. 12
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING WITH CONDITIONS, SPECIAL REVIEW TO
I)P A Y CASH-IN-LIEU OF PROVIDING REQUIRED OPEN
SPACE/PEDESTRIAN AMENITY, 2)TO ESTABLISH THE AFFORDABLE
HOUSING PARKING REQUIREMENTS, AND 3) TO VARY DIMENSIONAL
REQUIREMENTS OF TRASH/UTILITY SERVICES AREA, A GMQS
EXEMPTION FOR EXPANSION OF A HISTORIC STRUCTURE THAT ADDS
MORE THAN ONE RESIDENTIAL DWELLING UNIT, AND RECOMMENDING
THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE MOTHER LODE
SUBDIVISION, AND A GMQS EXEMPTION FOR AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. H yman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design for the proposed development pursuant to HPC Resolution No.
31, Series of 2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on March 15,2005, the Planning
and Zoning Commission approved Resolution No.12, Series 01'2005, by a four to two (4-2)
vote, approving special review to pay cash-in-lieu of providing the required open space,
special review to establish the affordable housing parking special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve with conditions, the proposed Subdivision and
GMQS exemptions to construct a three-story addition to the Mother Lode building at 314 E.
Hyman Avcnue; and,
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WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves with conditions,
special review to pay cash-in-lieu of providing the requiTed open space, special review to
establish the affordable housing parking requirements, special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for the
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve the Mother Lode Subdivision and GMQS
Exemption to provide on-site affordable housing in order to construct a three-story
addition to the Mother Lode Restaurant Building located at 314 E. Hyman Avenue, with
the conditions contained herein.
Section 2: Plat and Al!reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approvaL
Section 3: Buildinl! Permit Aoolication
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set
b. A completed tap permit for service with the Aspen Consolidated Sanitation District
c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debTis on-site during and after
construction. If a ground recharge system is required, a soil percolation Teport will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
d. A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
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construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent
e. A fugitive dust control plan to be reviewed and approved by the Environmental
Health Department
f A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional Requirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be established by special
review as sixteen (16) feet wide by sixteen (16) feet in depth as discussed in Section 6
below. The Applicant shall pay cash-in-lieu of providing open space/pedestrian amenity
as represented in Section 13 below.
Section 5: Off-street Parkin!!:
The project shall provide four (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units. The
Historic Preservation Commission waived the remainder of the parking requirements
pursuant to HPC Resolution No.3 L Series of2004.
Section 6: Trash/Utilitv Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, is approved by special review pursuant to the procedures established in
Land Use Code Section 26.430, Special Review. The trash container shall be wildlife
proof
Section 7: Affordable Housin!!:
The Applicant shall record a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units
to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Miti!!:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
I"'"'-
"'.........
Section 9: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department Each of the units within the building shall have individual water meters.
Section 10: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has suflicient capacity for the Mother Lode Redevelopment If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall be approved by the Commnnity
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Lil!htinl!
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Pavment-in-Iieu of Open Space/Pedestrian Amenity
Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a
cash in-lieu fee of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at the time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Oflicer shall calculate the amount due using the calculation methodology and fee
schedule in affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
,"""....
,
Section 15: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Developmen/lmpac/ Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
1 (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6,360
i
Total: $9,994
Section 16: PM-lO Mitigation
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
I. Providing only one parking space for the use of each residential unit
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 18:
This resolution shall not eflect 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 19:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof
~
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th
day of March, 2005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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PUBLIC NOTICE
RE: MOTHER LODE RESTAURANT BUILDING SUBDIVISION AND
EXEMPTION FOR THE CONSTRUCTION OF AFFORDABLE HOUSING
GMQS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 9, 2005 at a
meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, \30 S.
Galena St., Aspen, to consider an application submitted by Regent Properties, Inc. requesting
approval of subdivision and a GMQS exemption for the development of affordable housing to
construct a three-story addition to the Mother Lode Restaurant building consisting of a street-level
commercial space, two free market residential units, and two deed-restricted affordable housing
units. The property subject to the application is commonly known as the Mother Lode Restaurant
building and is located at 314 E. Hyman Avenue. The property is legally described as Lots Nand
0, Block 81, City and Townsite of Aspen. For further information, contact James Lindt at the City
of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763,
jamesl@ci.aspen.co.us.
s/Helen Kalin Klanderud, Mavor
Aspen City Council
Published in the Aspen Times on April 24, 2005
----------------------------- --------
----------------------------------------------------
City of Aspen Account
RESOLUTION NO. 12
(SERIES OF 2005)
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A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING WITH CONDITIONS, SPECIAL REVIEW TO
I)PAY CASH-IN-LIEU OF PROVIDING REQUIRED OPEN
SPACE/PEDESTRIAN AMENITY, 2)TO ESTABLISH THE AFFORDABLE
HOUSING PARKING REQUIREMENTS, AND 3) TO VARY DIMENSIONAL
REQUIREMENTS OF TRASH/UTILITY SERVICES AREA, A GMQS
EXEMPTION FOR EXPANSION OF A HISTORIC STRUCTURE THAT ADDS
MORE THAN ONE RESIDENTIAL DWELLING UNIT, AND RECOMMENDING
THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE MOTHER LODE
SUBDIVISION, AND A GMQS EXEMPTION FOR AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. Hyman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design for the proposed development pursuant to HPC Resolution No.
31, Series of2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on March 15, 2005, the Planning
and Zoning Commission approved Resolution No.l2, Series of2005, by a four to two (4-2)
vote, approving special review to pay cash-in-lieu of providing the required open space,
special review to establish the affordable housing parking special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve with conditions, the proposed Subdivision and
GMQS exemptions to construct a three-story addition to the Mother Lode building at 314 E.
Hyman Avenue; and,
"'"'
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WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREI!'ORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves with conditions,
special review to pay cash-in-lieu of providing the required open space, special review to
establish the affordable housing parking requirements, special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for the
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve the Mother Lode Subdivision and GMQS
Exemption to provide on-site afJordable housing in order to construct a three-story
addition to the Mother Lode Restaurant Building located at 314 E. Hyman A venue, with
the conditions contained herein.
Section 2: Plat and Al!:reement
The Applicant shall Tecord a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Buildinl!: Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set
b. A completed tap permit for service with the Aspen Consolidated Sanitation District
c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
d. A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
-
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent
e. A fugitive dust control plan to be reviewed and approved by the Environmental
Health Department
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional ReQuirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
Tequirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be established by special
review as sixteen (16) feet wide by sixteen (16) feet in depth as discussed in Section 6
below. The Applicant shall pay cash-in-lieu of providing open space/pedestrian amenity
as represented in Section 13 below.
Section 5: Off-street Parkine:
The project shall provide four (4) off-street parking spaces, one of which shall be
designated for the use of the occupants of the two (2) affordable housing units. The
Historic Preservation Commission waived the remainder of the parking requirements
pursuant to HPC Resolution No. 31, Series of2004.
Section 6: Trash/Utilitv Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, is approved by special review pursuant to the procedures established in
Land Use Code Section 26.430, Special Review. The trash container shall be wildlife
proof.
Section 7: Affordable Housine:
The Applicant shall recoTd a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. If the Applicant chooses to deed restrict the affordable housing units as
rental units, the Applicant shall convey a 1110 of a percent, undivided interest in the units
to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Mitie:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
-.
Section 9: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 10: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement.
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the Mother Lode Redevelopment. If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall be approved by the Community
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Lil!:htinl!:
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Pavment-in-lieu of Open Space/Pedestrian Amenitv
Pursuant to Land Use Code Section 26575.030, Open Space, the Applicant shall pay a
cash in-lieu fee of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at the time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
schedule in .affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
r
Section 15: Park Develooment Imoact Fee
Pursuant to Land Use Code Section 26.610, Park Developmen/ Impac/ Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3.804 SF minus 3.804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
1 (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6,360
Total: $9,994
Section 16: PM-I0 Mitil!:ation
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
1. Providing only one parking space for the use of each residential unit.
2. Providing covered and secured bicycle storage.
3. The Homeowner's Association and the CommeTcial Tenant shall join the
Transportation Options Program.
Section 17:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Plmming and Zoning Commission or City Council, are
hereby incorporated in such plm1 development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 18:
This resolution 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 19:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the Temaining portions thereof.
r-
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APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th
day of March, 2005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
TO:
THRU:
FROM:
RE:
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MEMORANDUM
Aspen Planning and Zoning Commission ~\o~~~~ Ai
Joyce Allgaie~~munity Development Deput; Dire \ ~ \\\\ -) 1
~. ed- t.f-J,.
James Lindt, Planner~ L AfPfoJ ct!P~u{I5sh
Mother Lode Subdivision, GMQS Exemptions, Special Review, and /' ........~I.U v.
Condominiumization - Public Hearinl!. ~"""V
DATE: March 15,2005
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ApPLICANT tOWNER:
Regent Properties, Inc.
REPRESENTATIVE:
Vann Associates, LLC
LOCATION:
Mother Lode Restaurant Property, 314 E.
Hyman Avenue
.
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The Applicant requests subdivision and
associated land use approvals to expand the - tJ
Mother Lode Restaurant building to contain 1.-;
3,804 square feet of commercial space, two (2) ., r; 2.-.
free market residential units and two (2) deed- PQ:"G~
restricted affordable housing units. G~acll6
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CURRENT ZONING:
Commercial Core (CC) Zone District
PHOTO ABOVE: Existing Mother Lode-
Restaurant Building
PROPOSED LAND USE REQUEST:
Subdivision and associated land use
requests to expand Mother Lode
Restaurant Building.
SUMMARY:
STAFF RECOMMENDATION:
Approval with Conditions.
LAND USE REOUESTS:
The Applicant has requested the following land use requests to expand the Mother Lode
Restaurant Building:
.
. Special Review for reduction in required trash and utility services area pursuant to
Land Use Code Section 26.575.070(B) (Planning and Zoning Commission is the final
reviewauthoritv).
. Special Review to establish affordable housing parking requirements pursuant to
Land Use Code Section 26.515.040. (Planning and Zoning Commission the final
reviewauthoritv).
. GMQS Exemption for addition of more than one residential unit on a property listed
on the Aspen Inventory of Historic Landmark Sites and Structures pursuant to Land
Use Code Section 26.470.070(D)(2)(b) (Planning and Zoning Commission is the final
review authority).
. GMQS Exemption for enlargement of a property listed on the Aspen Inventory of
Historic Landmark Sites and Structures pursuant to Land Use Code Section
26.470.070(D)(3)(a) (Community Development Director has approved contingent
upon obtaining final subdivision approval).
. GMQS Exemption for addition of one residential dwelling unit on a property listed on
the Aspen Inventory of Historic LandmaTk Sites and Structures pursuant to Land Use
Code Section 26.470.070(D)(2)(a) (Community Development Director has approved
contingent upon obtaining final subdivision approval).
. GMQS Exemption for the development of affordable housing pursuant to Land Use
Code Section 26.470.070(J) (Citv Council is the final review authority after
considering a recommendation from the Planning and Zoning Commission).
. Condominiumization (Condominium plat to be reviewed bv the Community
Development DirectoT upon substantial completion of construction).
. Certificate of Appropriateness for Major Development and HPC Parking Waiver
(Conceptual design and Parking Waiver approved by HPC pursuant to Resolution No.
31, Series of2004).
REVIEW PROCEDURE:
A development application for subdivision shall be approved, approved with conditions, or
denied by City Council after considering a recommendation from the Planning and Zoning
Commission and the Community Development Director pursuant to Land Use Code Section
26.480.040, Subdivision. The Applicant has also requested various GMQS exemptions, two
of which require review by the Community Development Director, one of which requires
review by the Planning and Zoning Commission, and one of which requires review by City
Council after consideTing a recommendation from the Planning and Zoning Commission (the
previous paragraph describes these in more detail). The two (2) GMQS exemptions that
require review by the Community Development Director have been approved contingent
upon obtaining subdivision approval. Finally, the Applicant requests special review to
reduce the open space requirements, special review to establish the affordable housing
parking requirements, and special review to reduce the size required for trash and utility
services. The Planning and Zoning Commission shall be the final reviewing body on all of
the special review requests and the GMQS exemption to add more than one residential unit to
a historic structure.
PROJECT SUMMARY:
The Applicant, Regent Properties, Inc, has requested approval to construct an addition to
the existing Mother Lode Restaurant building located at 314 E. Hyman Avenue.
Specifically, the Applicant would like to demolish the non-historic portion of the building
2
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and replace it with a three-story addition. The restored first floor is proposed to contain
commercial space in the amount of approximately 3,259 square feel. The second floor to
be added to the building is to contain a one-bedroom free market residential unit of about
2,060 square feet and two I-bedroom deed-restricted affordable housing units of more than
600 square feet each. The third floor is slated for the development of a 3-bedroom free
market residential unit that is to contain approximately 3,839 square feel. A basement is
also proposed that would contain approximately 545 square feet of commercial space and
tenant storage.
In conjunction with the proposed development, the Applicant has proposed a total of four (4)
parking spaces to be provided on the site, which are to be accessed from the alley. Three (3)
of the four (4) parking spaces to be provided are proposed to be used by the free market
units, leaving one parking space for the two (2) affordable housing units to share. The
Historic Preservation Commission waived the remainder of the off-street parking
requirements in association with their review and approval of the Conceptual HPC
application. The Applicant is also proposing to provide a trash/utility service area adjacent to
the alley measuring sixteen (16) feet by sixteen (16) feet.
The following chart compares the proposed dimensional requirements with the dimensional
requirements of the Commercial Core Zone District in which the property is located:
Dimensional Proposed Underlying (:ommercial
Requirement Dimensional Core. ZOne District
Requirements Requirements
Minimum Lot Size 6,031 SF Existing 3,000 SF
Minimum Lot Width Aoorox. 60 Feet No Requirement
Minimum Lot Area/Dwelling 1,507 SF No Requirement
Minimum Front Yard o Feet No Requirement
Setback
Minimum Side Yard Setback o Feet No Requirement
Minimum Rear Yard Setback o Feet No Requirement
Maximum Height 42 Feet 42 Feet
Minimum Percent Open None 25%
Soace
Allowable External FAR 2.3:1 3: I
Commercial Uses .6: I (3,434 SF) 1.5: 1 (9,046 SF)
Free Market Residential Ll (6,031 SF) 1:1 (6,031 SF)
Affordable Housing 22 (1,376 SF) No Limitation
Minimum Off-Street Parking 4 Spaces (3 for 8 Spaces for Commercial
Free Market 3 for Free Market Residential Units
Units, I for AH Special Review for AH (Zoning
Units), normally requires one parking space
I Remaining per each one bedroom unit)
Parking waived
by HPC
STAFF COMMENTS:
SUBDIVISION:
The Applicant has requested subdivision approval because the development of multi-family
dwelling units in a mixed use building requires approval of subdivision pursuant to the
3
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definition of subdivision in the City's land use code. In reviewing the subdivision portion of
the application, Staff believes that the proposal meets the applicable subdivision review
standards established in Land Use Code Section 26.480.050, Subdivision review standards.
Staff feels that the proposal is consistent with the infill development goals established in the
2000 Aspen Area Community Plan. Additionally, the Applicant has applied for sufficient
GMQS exemptions for the development rights needed to construct the proposed project (See
Staffs explanation ofGMQS implications below).
GMQS IMPLICATIONS:
The Applicant has applied for four (4) separate GMQS exemptions to obtain sufficient
development rights to construct the proposed project when the exemptions are used in
concert with each other. The Community Development Director has issued a written
interpretation of the land use code establishing that the separate exemption may be used
together (please see interpretation included in the application attached as Exhibit "8"). A
listing of the requested GMQS exemptions and discussion of the project's compliance with
each exemption requirement is detailed below:
. Enlargement of property listed on the Aspen Inventory of Historic Landmark
Sites and Structures intended for commercial or office purposes. The
Applicant has requested this exemption in order to increase the floor area of
the building without increasing the net leasable square footage on the site.
This provision for development is exempt from GMQS scoring and employee
housing mitigation requirements pursuant to Land Use Code Section
26.470.070(0)(3). The only requirements for obtaining this exemption are
that the property must be on the historic inventory and that the development
proposal will not increase both the FAR and the net leasable square footage on
the site. Staff finds that the proposal satisfies the above stated
requirements and the Community Development Director has approved
an administrative GMQS exemption contingent upon obtaining final
subdivision approval.
. Enlargement of property listed on the Aspen Inventory of Historic Landmark
Sites and Structures for the addition of one dwelling unit The Applicant has
requested this exemption in order to construct the three-bedroom free market
dwelling unit exempt from employee housing mitigation requirements
pursuant to Land Use Code Section 26.470.070(D)(2)(a). The only
requirements for obtaining this exemption are that the property must be on the
historic inventory and that sufficient development allotments are available
within the Aspen Metro Area. Staff believes that there are available
allotments and that the property is designated historic. Given these findings,
the Community Development Director has approved an administrative
GMQS exemption contingent upon obtaining final subdivision approval.
· Enlargement of property listed on the Aspen Inventory of Historic Landmark
Sites and Structures for the addition of more than one dwelling unit. The
Applicant has requested this exemption in order to construct the one-bedroom
free market dwelling unit proposed on the second floor, which is the second
free market dwelling unit proposed to be constructed on the property pursuant
4
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to Land Use Code Section 26.470.070(D)(2)(b). This GMQS exemption
requires that affordable housing mitigation be provided for the development of
the one free market dwelling unit at a rate of sixty percent of the bedrooms in
the residential subdivision. The Applicant has proposed two I-bedroom
affordable housing units which comprise sixty-seven percent (67%) of the
total bedrooms surpassing the sixty percent (60%) required by the code,
considering that the three-bedroom free market unit is exempt by means of the
exemption detailed above. The Planning and Zoning Commission is final
review authority on this exemption request.
. GMQS Exemption for the development of Affordable Housing The final
GMQS exemption requested by the Applicant is the exemption to allow for
the Applicant to construct the two (2) affordable housing units pursuant to
Land Use Code Section 26.470.070(1). The requirements for granting this
exemption are that there is an established need for additional affordable
housing and that the proposed units meet the requirements of the Aspen/Pitkin
County Affordable Housing Guidelines. Staff finds that there continues to be
a need for the development of additional affordable units in that the AACP's
goal for the development of 1300 additional affordable housing units has not
been met. The Housing Authority has reviewed the proposal and finds that
the proposed affordable housing units meet the Affordable Housing Guideline
requirements. City Council is the final review authority on this exemption
request and shall consider a recommendation from the Planning and
Zoning Commission and Housing Authority.
SCHOOL LANDS DEDICA nON FEE:
Given that the proposed development constitutes a full subdivision review, Land Use Code
Section 26.630, School lands dedication, requiTes that the Applicant either dedicate lands for
school function or pay a cash-in-lieu payment. The Applicant has proposed to pay a cash-in-
lieu payment pursuant to the fee schedule established in Land Use Code Section 26.630.
Staff has included a condition of approval in the proposed resolution requiring that the
Applicant pay the School Lands Dedication Fee prior to issuance of a building permit for the
proposed development.
PARK DEVF,LOPMENT IMPACT FEE:
The Applicant is required to pay a Park Development Impact Fee for additional bedrooms
and additional net leasable square footage added to the site pursuant to Land Use Code
Section 26.610, Park development impact fee. The Park Development Impact Fee for this
project shall be assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
Proposed Development:
Proposed Residential
I (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit = $3,634
3 (one-bedroom) Units multiplied by $2,120 per unit = $6.360
Total: $9,994
5
"~'_"__-"__"'~'"_ _. ~..,,_d_,_...._..,._-..~
Staff has included a condition of approval in the proposed resolution requiring that a Park
Development Impact Fee of $9,994 be paid at prior to building permit issuance.
DECISION ISSUES:
PAYMENT- IN- LIEU OF. OPEN SPACE:
The Applicant has requested approval of special review to pay cash-in-lieu of providing the
required twenty-five percent (25%) open space on the site. As is indicated in the application,
the Applicant originally proposed to maintain the property's existing patio area to meet the
Commercial Core Zone District's open space requirement for the site. However, during the
HPC's initial review of the Conceptual HPC application, the Commission required that any
addition to the Mother Lode building abut the street at ground level, thereby eliminating the
Applicant's opportunity to provide the required open space on the site.
City Council is currently reviewing changes to the Open Space/Pedestrian Amenity section
of the land use code that would allow for applicants to pay a cash-in-lieu fee based on the
rate of the lesser of $50 per square foot or the appraised value of the unimproved property
per square foot Even though this application was submitted prior to adoption of the
proposed code language on open space, the Applicant has the ability to choose which of the
open space ordinances they would like applied to their application if the new regulations get
adopted by CounciL
That being said, the Applicant would like to use the new open space/pedestrian amenity
requirements if approved, which would require a payment-in-lieu of $50 per square foot
The pedestrian amenity requirement of twenty-five percent (25%) of the lot would equate to
1,508 square feet and thus the Applicant would be required to pay $75,400 ($50 multiplied
by I ,508 SF) under the proposed regulations. Regardless of whether the new open space
regulations are adopted, Staff and the HPC support the proposed special review to provide
cash-in-lieu of providing the required open space in this specific case. Staff has included a
condition of approval in the attached resolution requiring that the Applicant make a payment-
in-lieu of providing open space/pedestrian amenity at the time of the building permit
issuance. The condition included in the proposed resolution also requires the Applicant to
pay cash-in-lieu based on the methodology and fee schedule in place at the time of building
permit issuance.
ON-SITE PARKING:
The Applicant has proposed four (4) off-street parking spaces fOT the entire development.
Three (3) of these spaces are proposed to be allocated for the use of the two (2) free market
residential units. During HPC's review of the conceptual HPC application, HPC waived the
remainder of the parking requirements. Staff recommends that two (2) of the parking spaces
be allocated for sole use by the two (2) affordable housing units rather than the one space that
is proposed. Staff feels that providing two (2) parking spaces for use by the affordable
housing units is necessary because they are units that likely to be occupied year-round and
will need a parking space per unit The free-market units are not likely will not have year-
round occupancy. The Housing Board concurred with the Planning Staffs opinion that one
of the parking spaces should be allocated and dedicated for the use of each of the affordable
housing units. Thus, Staff has included a condition of approval in the proposed resolution
requiring that two (2) of the four (4) parking spaces be provided for use of the affordable
housing units.
6
01",-
TRASH/ UTILITY SERVICE AREA SIZE:
The Applicant has proposed to provide a trash/utility service area of sixteen (16) feet by
sixteen (16) feet adjacent to the alleyway. Traditionally, the land use code has required trash
and utility service areas to be a minimum length of twenty (20) feet and a depth of ten (10)
feet, which can be reduced through special review. Therefore, the Application has requested
special review approval to establish the proposed trash/utility service area dimensions.
In reviewing the request, Staff believes that the proposed trash and utility area is of sufficient
size in that the total area proposed is fifty-six (56) square feet larger than the size required by
the code. Staff also believes that the added depth of the trash and utilities service area make
it easily accessible to trash trucks. Staff supports the size of the proposed
trash/utilities/recycling area.
REFERRAL AGENCY COMMENTS:
The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Streets
Department, and the Parks Department have all reviewed the proposed application and there
requirements have been included as conditions of approval when appropriate.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve the attached
resolution, approving with conditions, the Special Review request to pay cash-in-lieu of
providing the required open space/pedestrian amenity, special review to establish affordable
housing parking requirements, special review to vaTY the trash/utility/recycling areas, a
GMQS exemption to add more than one residential dwelling unit to a historic structure, and
recommending that City Council approve with conditions, the requested Mother Lode
Subdivision and a GMQS exemption to develop affordable housing.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No. It,, Series of 2005, approving with conditions, the
Special Review request to pay cash-in-lieu of providing the required open space/pedestrian
amenity, Special Review to establish affordable housing parking requirements, Special
Review to vary trash/utility/recycling dimensional requirements, a GMQS exemption to add
more than one residential dwelling unit to a historic structure, and recommending that City
Council approve with conditions, the requested Mother Lode Subdivision and a GMQS
exemption to construct affoTdable housing for a three-story addition to the building at 314
E. Hyman Avenue, consisting of two (2) free market residential units, two (2) affordable
housing units, and a basement containing tenant storage."
ATTACHMENTS:
EXHIBIT A -- Review Criteria and Staff Findings
EXHIBIT B -- Application
EXHIBIT C n Referral Comments
7
--..1 __.~_~....__
RESOLUTION NO. JZ..
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING WITH CONDITIONS, SPECIAL REVIEW TO
I)PAY CASH-IN-LIEU OF PROVIDING REQUIRED OPEN
SPACE/PEDESTRIAN AMENITY, 2)TO ESTABLISH THE AFFORDABLE
HOUSING PARKING REQUIREMENTS, AND 3) TO VARY DIMENSIONAL
REQUIREMENTS OF TRASHlUTILITY SERVICES AREA, A GMQS
EXEMPTION FOR EXPANSION OF A HISTORIC STRUCTURE THAT ADDS
MORE THAN ONE RESIDENTIAL DWELLING UNIT, AND RECOMMENDING
THAT CITY COUNCIL APPROVE WITH CONDITIONS, THE MOTHER LODE
SUBDIVISION, AND A GMQS EXEMPTION FOR AFFORDABLE HOUSING TO
CONSTRUCT A THREE STORY EXPANSION TO THE MOTHER LODE
BUILDING ON THE PROPERTY LOCATED AT 314 E. HYMAN AVENUE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-38-007
WHEREAS, the Community Development Department received an application
from Regent Properties, Inc, represented by Vann Associates, requesting approval of
Subdivision, various GMQS Exemptions, Special Review to pay cash-in-lieu of
providing the required pedestrian amenity, Special Review to establish the trash and
utility service area size, Special Review to establish affordable housing parking
requirements, and condominiumization to construct a three-story addition to the Mother
Lode Restaurant Building located at 314 E. Hyman Avenue; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, the Historic Preservation Commission reviewed and approved the
Conceptual HPC design for the proposed development pursuant to HPC Resolution No.
31, Series of 2004; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on March 15,2005, the Planning
and Zoning Commission approved Resolution No._, Series of2005, by a _ to _ L-
_) vote, approving special review to pay cash-in-lieu of providing the required open space,
special review to establish the affordable housing parking special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve with conditions, the proposed Subdivision and
GMQS exemptions to construct a three-story addition to the Mother Lode building at 314 E.
Hyman Avenue; and,
_,"_,~"_,_.."...._.,'~,, ___..',O._._.._....j.....
WHEREAS, the Aspen Plmming and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary fOT the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Plmming and Zoning Commission hereby approves with conditions,
special review to pay cash-in-lieu of providing the required open space, special review to
establish the affordable housing parking requirements, special review to vary the
dimensional requirements for the trash/utility services area, a GMQS exemption for the
expansion of a historic structure that adds more than one residential dwelling unit, and
recommending that City Council approve the Mother Lode Subdivision and GMQS
Exemption to provide on-site affordable housing in order to construct a three-story
addition to the Mother Lode Restaurmlt Building located at 314 E. Hyman Avenue, with
the conditions contained herein.
Section 2: Plat and Aereement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval.
Section 3: Buildine Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
construction. If a ground recharge system is required, a soil percolation report will
be required to correctly size the facility. A 5-year storm frequency should be used
in designing any drainage improvements.
d. A construction management plan pursuant to the Building Department's
requirements. The construction management plan shall include an identification of
...... - 1....--'
construction hauling routes for review and approval by the City Engineer and
Streets Department Superintendent
e. A fugitive dust control plan to be reviewed and approved by the Environmental
Health Department
f. A detailed excavation plan that utilizes vertical soil stabilization techniques for
review and approval by the City Engineer.
Section 4: Dimensional Requirements
The redevelopment of the Mother Lode building shall be in compliance with the
dimensional requirements of the Commercial Core (CC) Zone District, with the exception
of off-street parking, trash/utility service area, and open space/pedestrian amenity
requirements. Off-street parking requirements shall be provided as represented in Section
5 below. The dimensions of the trash/utility service area shall be established by special
review as sixteen (16) feet wide by sixteen (16) feet in depth as discussed in Section 6
below. The Applicant shall pay cash-in-lieu of providing open space/pedestrian amenity
as represented in Section 13 below.
Section 5: Off-street Parkin I!:
The project shall provide four (4) off-street parking spaces, two (2) of which shall be
designated for the use of the occupants of the two (2) affordable housing units. The
Historic Preservation Commission waived the remainder of the parking requirements
pursuant to HPC Resolution No. 31, Series of 2004.
Section 6: TrashlUtilitv Service Area
A trash/utility service area of sixteen (16) feet wide by sixteen (16) feet long, accessed
from the alley, is appToved by special review pursuant to the procedures established in
Land Use Code Section 26.430, Special Review. The trash container shall be wildlife
proof.
Section 7: Affordable Housinl!:
The Applicant shall recoTd a deed restriction on each of the affordable housing units prior
to the issuance of a certificate of occupancy on the building classifying the units as
Category 2 units. Ifthe Applicant chooses to deed restrict the affoTdable housing units as
rental units, the Applicant shall convey a 1110 of a percent, undivided interest in the units
to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the building. The units may be deed-restricted as rental
units, but the units shall become ownership units at such time as the owners would
request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing
Authority deems the units to be out of compliance with the rental occupancy
requirements in the Affordable Housing Guidelines for a period of more than year.
Section 8: Fire Mitil!:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 9: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the units within the building shall have individual water meters.
Section 10: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. All improvements below grade shall require the use of a pumping
station. If more than one unit is to be served by a single service line, the Applicant shall
enter into a shared service line agreement
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the Mother Lode Redevelopment. If a new supplemental
transformer is required to be installed on the Mother Lode property, the Applicant shall
provide for a new transformer and its location shall be approved by the Community
Development Department prior to installation. The Applicant shall dedicate an easement
to allow for City Utility Personnel to access the supplemental transformer for
maintenance purposes, if a supplemental transformer is installed.
Section 12: Exterior Lil!htinl!
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 13: Pavment-in-lieu of Open Space/Pedestrian Amenity
Pursuant to Land Use Code Section 26.575.030, Open Space, the Applicant shall pay a
cash in-lieu fee of providing the required open space/pedestrian amenity at the time of
building permit issuance. The amount due shall be calculated by the City Zoning Officer
at the time of building permit issuance using the methodology and fee schedule in place
at the time of building permit issuance.
Section 14: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Zoning Officer shall calculate the amount due using the calculation methodology and fee
schedule in affect at the time of building permit submittal. The Applicant shall provide
the market value of the land including site improvements, but excluding the value of
structures on the site.
-,,--",,~--~-",--,'-".,'''~, ~.-.-
,.
Section 15: Park DeveloDment ImDact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $9,994 prior to building permit
issuance. The fee is assessed based on the following calculation:
Proposed Commercial:
3,804 SF minus 3,804 SF of existing net leasable = 0 new net leasable square feet
$0 due on commercial space
Proposed Residential
I (three-bedroom) Free Market Residential Unit multiplied by $3,634 per unit= $3,634
3 (one-bedroom) Residential Units multiplied by $2,120 per unit= $6,360
Total: $9,994
Section 16: PM-I0 Mitil!:ation
The Applicant shall mitigate for the air quality impacts expected for the generation of 25
vehicle trips per day by enacting the following measures:
I. Providing only one parking space for the use of each residential unit
2. Providing covered and secured bicycle storage.,
3. The Homeowner's Association and the Commercial Tenant shall join the
Transportation Options Program.
Section 17:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 18:
This resolution 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 19:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th
day of March, 2005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
".--"----1----,--
,..,',
Subdivision
REVIEW CRITERIA & STAFF FINDINGS
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
1. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding
Staff believes that the proposed subdivision is consistent with many aspects ofthe infill goals
and objectives established in the 2000 AACP. Additionally, Staff feels that the proposal
upgrades a commercial space that is in need of improvements, which is consistent with the
City's goals of stimulating commercial redevelopment as the application points out. Staff
finds this criterion to be met.
2. The proposed subdivision shall be consistent with the character of existing
land uses in the area.
Staff Finding
Staff believes that the proposed mixed use development is consistent with the land uses in the
immediate vicinity. Mixed use buildings that are comprised of ground floor commercial and
residential development on the upper floors are common and encouraged throughout the
commercial core of town. Staff finds this criterion to be met.
3. The proposed subdivision shall not adversely affect the future development
of sur rounding areas.
Staff Finding
As the application indicates, the surrounding properties are close to fully developed.
Therefore, Staff does not believe that the proposal will adversely affect the future
development of the surrounding properties. Staff finds this criterion to be met.
4. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
Staff Finding
The proposed development is in compliance with the Commercial Core Zone District's
allowable dimensional requirements with the exception of open space/pedestrian amenity and
trash/ utility service area requirements. However, the Applicant has requested special review
approval to pay cash-in-lieu of providing the open space/pedestrian amenity and to reduce
the size of the trash/utility service area. Additionally, the HPC has waived the parking
requirements to allow for a reduction in required off-street parking to four (4) parking spaces.
Staff finds this criterion to be met.
B. Suitability of Landfor Subdivision
a. Land suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
mudflow, rockslide, avalanche or snowslide, steep topography or any other natural
8
.T' "'"
'<..,;."
hazard or other condition that will be harmful to the health, safety, or welfare of
the residents in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature extension
of public facilities and unnecessary public costs.
Staff Finding
Staff believes that the property is suitable for subdivision. The site contains no steep
topography and no known geologic hazards that may hann the health of any of the
inhabitants of the proposed development In addition, Staff believes that there will not be a
duplication or premature extension of public facilities because the property to be subdivided
is already served by adequate public facilities. Therefore, Staff finds this criterion to be met
C. Improvements. The improvements setforth at Chapter 26.580 shall be providedfor
the proposed subdivision. These standards may be varied by special review (See, Chapter
26.430) if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the goals
of the community.
2. The applicant shall specify each design standard variation requested and
provide justification for each variation request, providing design recommendations
by professional engineers as necessary.
Staff Finding
Additionally, the Applicant has consented in the application to meet the applicable
improvements pursuant to Section 26.580. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable housing in compliance with the requirements
of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of
new dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
StafIFinding
The Applicant has concurrently applied for the required GMQS exemptions. In conjunction
with the GMQS exemption requests, the Applicant has proposed to mitigate for the one-
bedroom free market residential unit by providing two l-bderoom affordable housing. The
remainder of the proposed development is exempt from affordable housing mitigation. Staff
finds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards
setforth at Chapter 26.630.
Staff Finding
The proposed subdivision is required to meet the School Land Dedication Standards pursuant
to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of
9
providing land, which will be paid prior to building permit issuance. Thus, staff finds this
criterion to be met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing
Planned Unit Development (AH-PUD) without first obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to the City Attorney.
(Ord. No. 44-2001, ~ 2)
Staff Finding
The Applicant has concurrently applied for GMQS exemptions. Please see Staffs response
to Review Standard "D" for Staff s response to this criterion.
10
~"'......
Special Review for Reduction in Open Space/Pedestrian Amenity
REVIEW CRITERIA & STAFF FINDINGS
Section 26.575.030(E) of the City Land Use Code provides that development applications for
special review to pay cash-in-Iieu of providing the required pedestrian amenity may be
approved by the Planning and Zoning Commission or Historic Preservation Commission.
Staff Finding
The Applicant originally proposed to maintain the eXlstmg patio area, but the Historic
Preservation Commission required that the design be amended to site the addition so that it
provides for a consistent street fa9ade along E. Hyman Avenue, thereby making it difficult to
meet the open space/pedestrian amenity provisions. The HPC and Staff have recommended
the cash-in-Iieu option. Staff has proposed a condition of approval requiring that the
Applicant pay cash-in-lieu of providing the required open space/pedestrian amenity at the
time of building permit issuance based on the fee schedule in place at the time of building
permit issuance.
II.
-"'~'_'''~''-~~'-~-.~~"'"<-'' -., .~.- -I......~,'-...-
Special Review for Reduction in Utilityffrash/RecycIe Service Areas
REVIEW CRITERIA & STAFF FINDINGS
Section 26.575.060 of the City Land Use Code provides that development applications
requesting special review to reduce the size required for utility/trash/recycling service area
may be approved by the Planning and Zoning Commission if they meet the following
criteria.
1. There is a demonstration that given the nature of the potential uses of the building
and its total square footage, the utility/trash service area proposed to be provided will be
adequate.
Staff Finding
Staff believes that the there is sufficient area proposed for utility/trash services given that the
overall square footage to be attributed to trash and utilities exceeds the required amount by
fifty-six (56) square feet. Staff finds this criterion to be met.
2. Access to the utility/trash service area is adequate.
Staff Finding
Staff feels that the access to the proposed utility/trash service area is adequate. The
utility/trash service area is accessed from the alley and has sufficient depth to accommodate
large trash trucks. Staff finds this criterion to be met.
3. Measures are provided for enclosing trash bins and making them easily movable by
trash personnel.
Staff Finding
Staff has required that the trash facilities be wildlife proof and easily movable. Staff finds
this criterion to be met.
4. When appropriate, provisions for trash compaction are provided by the proposed
development and measures are taken to encourage trash compaction by other
developments on the block.
Staff Finding
A trash compactor is not required for this development. Staff finds this criterion not to be
applicable.
5. The area for public utility placement and maintenance is adequate and safe for the
placement of utilities.
Staff Finding
Staff believes the area proposed for public utilities is appropriate in that it is easily accessible
from the alley and is protected to an extent by the garage that is proposed on the eastern side
of the utilities area and by the wall proposed on the west side of the utilities area. Staff finds
this criterion to be met.
12
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f"~' ""'-
6. Adequate provisions are incorporated to ensure the construction of the access area.
Staff Finding
Staff has included a condition of approval in the proposed resolution requiring a
trash/utilities area of 256 square feet that is accessed from the alley as proposed. Staff finds
this criterion to be met
13
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MEMORANDUM
&l1lbJ \'el'l
'-'
To: Development Review Committee
From: John Niewoehner, Community Development Engineer,
DRC Case load Coordinator
Date: February 10, 2005
Re: 2t9t05 DRC Minutes: Mother Lode Redevelopment
Attendees:
James Lindt, Case Planner - Community Development Department
Nick Adeh, City Engineer
Phil Overeynder, Water Department
John Niewoehner, Community Development Department
Ed VanWalraven, Fire Department
Denis Murray, Building Department
Cindy Christensen, Housing Department
Brian Flynn, Park Department
Sunny Vann, Planner for Applicant
Jay Hammond, SGM Engineers
At the February 9, 2005 DRC meeting, the Development Review Committee reviewed the
following project:
Mother Lode Redevelopment - The project plans to construct a 3-story addition to the Mother
Lode Restaurant located at 314 E. Hyman.
. Ground floor: The front of the existing building will remain, The rear, non-historic part of
the existing building will be demolished and reconstructed.
. Basement: A basement will be constructed under the new, back half of the building.
. 2nd Floor: The second floor will have three units - - 2 one-bedroom affordable housing
units and a one-bedroom free market unit
. 3rd Floor: The third floor will have a 3-bedroom free market unit
DRC COMMENTS
Enaineerina:
1, Construction Manaqement Plan (CMP): A construction management plan must be
submitted at the time of building permit A checklist of items to be included in the
CMP can be obtained from the City Engineering Department
2. Construction Impacts on Hvman Sl. The CMP must identify how pedestrians will be
protected and the dates that the Hyman St ROW will be impacted.
3, Haul Routes: The CMP must describe the haul routes. The primary haul route will
be the alley behind the Mother Lode,
4, No structures in ROW: No portion of the building can extend into the ROW including
footers, eaves, and utility meters. The building must be designed such that doors do
not swing open into the Hyman Street ROW.
5. Excavation Stabilization Plan: An excavation stabilization plan must be submitted as
part of the building permit application. The plan is to be prepared by a qualified
professional engineer.
6, ROW Restoration: The sidewalk and curbs must be restored to their existing
condition.
7. Drainaoe: To prevent ice formation in the alley, drainage from the building cannot be
discharged in the alley.
Environmental Health:
Summary of EH Recommendations: In order to comply with the provisions of the land use code,
and ensure that the development does not have a pernicious effect on air quality in the
surrounding area and the City of Aspen, the Environmental Health Department recommends the
following mitigation measures: (1) Units are sold with only one space; (2) Only one parking space
per unit is provided; (3) Home Owners Association andtor Commercial tenant join the
Transportation Options Program; and (4) Provide covered and secured bike storage,
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Page 2 of 4
February 1 0, 2005
Mother Lode Redevelopment
. AIR QUALITY: "It is the purpose of [the air quality section of the Municipal Code 13,08]
to achieve the maximum practical degree of air purity possible by requiring the use of all
available practical methods and techniques to control, prevent and reduce air pollution
throughout the city..."The Land Use Regulations (Chapter 26 of the Municipal Code) seek
to "lessen congestion" and "avoid transportation demands that cannot be met" as well as
to "provide clean air by protecting the natural air sheds and reducing pollutants",
Subdivision applications need to provide information on projected traffic
generation and air pollution. The major air quality impact is the emissions resulting from
the traffic generated by this project PM-10 (83% of which comes from traffic driving on
paved roads) is a significant health concern in Aspen. The traffic generated will also produce
carbon monoxide and other emissions that are health concerns. The municipal code
requires developments to achieve the maximum practical degree of air purity by using all
available practical methods to reduce pollution.
Standards used for trips generated by new development are the trip generation
rates and reductions from the 'Pitkin County Road Standards', which are based on the
Institute ofTransportation Engineers Trip Generation Report, Fifth Edition. Using the ITE
figures, this proposed development would generate 25 tripstday and 3.5 pounds of
PM10tday without any mitigation measures. Thus this development will have a
pernicious (negative) effect on the air quality.
. FIREPLACEIWOODSTOVE PERMITS: The applicant must file a fireplacetwoodstove
permit with the Building Department before the building permit will be issued In the City
of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of
each) and unlimited numbers of decorative gas fireplace appliances per building, New
homes may NOT have wood burning fireplaces, nor may any heating device use coal as
fuel.
. FUGITIVE DUST: Any development must implement adequate dust control measures. A
fugitive dust control plan is required which includes, but is not limited to fencing, watering of
haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that
has been carried out, speed limits, or other measures necessary to prevent windblown dust
from crossing the property line or causing a nuisance. A fugitive dust control plan must
be submitted tothe Colorado Department of Public Health and Environment, Air
Quality Control Division if this project is over 1 acre in size.
. ASBESTOS: Prior to remodel, expansion or demolition of any public or commercial
building, including removal of drywall, carpet, tile, etc., the state must be notified and a
person licensed by the state to do asbestos inspections must do an inspection. The
Building Department cannot sign any building permits until they get this report. If there is
no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos
removal contractor must remove it.
. TRASH STORAGE AREA: The applicant should make sure that the trash storage area
has adequate wildlife protection. We recommend recycling containers be present
wherever trash compactors or dumpsters are located. The trash area will need to
accommodate grease storage if a restaurant continues to occupy the commercial
space.
. NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a
significant source of environmental pollution that represents a present and increasing
threat to the public peace and to the health, safety and welfare of the residents of the City
of Aspen and it its visitors. ..,Accordingly, it is the policy of Council to provide standards for
permissible noise levels in various areas and manners and at various times and to prohibit
noise in excess of those levels." During construction, noise cannot exceed maximum
permissible sound level standards, and construction cannot be done except between the
hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays.
It is very likely that noise generated during the construction phase of this project will have
some negative impact on the neighborhood, The applicant should be aware of this and take
measures to minimize the predicted high noise levels.
. FOOD SERVICE FACILITIES: Section 10-401 of the Rules and Regulations Governing
the Sanitation of Food Service Establishments in the State of Colorado requires a review
of plans and specifications by this Department The Department shall be consulted before
",
Page 3 of 4
February 1 0, 2005
Mother Lode Redevelopment
preparation of plans and specifications, The Aspen Consolidated Sanitation District must
be contacted for their recommendation on the proper size of the grease trap. Restaurant
grills are regulated by the City of Aspen and the applicant should contact this Department
to be it is in compliance with City code.
The applicant should be aware that approval of both plans and specifications is
required before the building permit is approved. A minimum of two weeks is necessary for
the Environmental Health Department to review and approve plans. Also, final approval
from this Department is necessary before opening for business and prior to issuance of a
Colorado Food Service License,
Housina Department:
1. 'For Sale' AH Units: The Housing Dept may recommend that the AH units be 'for sale'
and not rental units.
2. AH Parkinq: Each AH unit needs to have a designated on-site parking spot
Water and Electric Dept:
1, Water and Electric Meters: Each unit needs to have its own water and electric meter,
2, Transformer: Electric loads have yet to be calculated, but there is a possibility that
the transformer that serves the property will need to be upgraded by the developer.
If a larger transformer is necessary, a larger easement may also be necessary.
Parks Dept: no comments at this time
Fire Department:
1, Sprinklers and Alarms: There must be sprinklers and fire alarms throughout the
building,
2. Water Tap: A new water tap and service will be needed to provide adequate fire
flows.
Buildina Department:
1, Exit Separation Issues, The building department is concerned if the separation
between the exits complies with the code. This issue will be discussed with the
architect.
Sanitation District:
1, Allev Sewer. This project will need to replace the sewer in the alley behind the
building. The Sanitation District and SGM Engineers are working out the details,
2, Other Sanitation District Requirements:
. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office.
. ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the
sanitary sewer system.
. On-site utility plans require approval by ACSD.
. Oil and Grease interceptors (NOT traps) are required for all food processing
establishment. Locations of food processing shall be identified prior to building
permit
. Oil and Sand separators are required for parking garages and vehicle
maintenance establishments.
. Driveway entrance drains must drain to drywells.
. Elevator shafts drains must flow thru ots interceptor
. Old seryice lines must be excavated and abandoned at the main sanitary sewer
line according to specific ACSD requirements,
. Below grade development may require installation of a pumping system,
. One tap is allowed for each building. Shared service line agreements may be
required where more than one unit is served by a single service line.
. Permanent improvements are prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard
landscaping may impact public ROW or easements to be dedicated to the
district.
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Page 4 of 4
February 1 0, 2005
Mother Lode Redevelopment
. All ACSD fees must be paid prior to the issuance of a building permit Peg in our
office can develop an estimate for this project once detailed plans have been
made available to the district
. Where additional development would produce flows that would exceed the
planned reserve capacity of the existing system (collection system and or
treatment system) an additional proportionate fee will be assessed to eliminate
the downstream collection system or treatment capacity constraint. Additional
proportionate fees would be collected over time from all development in the area
of concern in order to fund the improvements needed.
. Where additional development would produce flows that would overwhelm the
planned capacity of the existing collection system and or treatment facility, the
development will be assessed fees to cover the costs of replacing the entire
portion of the system that would be overwhelmed. The District would fund the
costs of constructing reserve capacity in the area of concern (only for the
material cost difference for larger line).
. The glycol heating and snow melt system must be designed to prohibit and
discharge of glycol to any portion of the public and private sanitary sewer system,
The glycol storage areas must have approved containment facilities.
/DRC/Motherlode2-9-05
1"""
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MEMORANDUM
To:
James Lindt, Community Development Department
From:
Jannette Murison, City Environmental Health Department
Date:
2/7/2005
Re:
Motherlode Subdivision
ParcellD #2737-073-38-007
-----------------------------------------------
-----------------------------------------------
The City of Aspen Environmental Health Department has reviewed the land use submittal under
authority of the Municipal Code of the City of Aspen, and has the following comments.
AIR QUALITY: "It is the purpose of [the air quality section of the Municipal Code 13.08] to
achieve the maximum practical degree of air purity possible by requiring the use of all available
practical methods and techniques to control, prevent and reduce air pollution throughout the
citYH."The Land Use Regulations (Chapter 26 of the Municipal Code) seek to "lessen
congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean
air by protecting the natural air sheds and reducing pollutants". Subdivision applications
need to provide information on projected traffic generation and air pollution.
The major air quality impact is the emissions resulting from the traffic generated by this project.
PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in
Aspen. The traffic generated will also produce carbon monoxide and other emissions that are
health concerns. The municipal code requires developments to achieve the maximum practical
degree of air purity by using all available practical methods to reduce pollution.
Standards used for trips generated by new development are the trip generation rates and
reductions from the 'Pitkin County Road Standards', which are based on the Institute of
Transportation Engineers Trip Generation Report. Fifth Edition. Using the ITE figures, this
proposed development would generate 25 trips/day and 3.5 pounds of PM10/day without
any mitigation measures. Thus this development will have a pernicious (negative) effect
on the air quality.
In order to comply with the provisions of the land use code, and ensure that the development
does not have a pernicious effect on air quality in the surrounding area and the City of Aspen,
the Environmental Health Department recommends the following mitigation measures:
1. Units are sold with only one space.
2. Only one parking space per unit is provided.
.~
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3. Home Owners Association and/or Commercial tenant join the Transportation Options
Program.
4. Provide covered and secured bike storage,
Reminders for other Environmental Health concerns
FIREPLACEIWOODSTOVE PERMITS: The applicant must file a fireplace/woodstove permit
with the Building Department before the building permit will be issued. In the City of Aspen,
buildings may have two gas log fireplaces or two certified wood stoves (or 1 of each) and
unlimited numbers of decorative gas fireplace appliances per building, New homes may NOT
have wood burning fireplaces, nor may any heating device use coal as fuel.
FUGITIVE DUST: Any development must implement adequate dust control measures.
A fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul
roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been
carried out, speed limits, or other measures necessary to prevent windblown dust from crossing
the property line or causing a nuisance. A fugitive dust control plan must be submitted to the
Colorado Department of Public Health and Environment, Air Quality Control Division if this
project is over 1 acre in size.
ASBESTOS: Prior to remodel, expansion or demolition of any public or commercial building,
including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed
by the state to do asbestos inspections must do an inspection. The Building Department
cannot sign any building permits until they get this report. If there is no asbestos, the demolition
can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it
TRASH STORAGE AREA: The applicant should make sure that the trash storage area has
adequate wildlife protection. We recommend recycling containers be present wherever trash
compactors or dumpsters are located. The trash area will need to accommodate grease
storage if a restaurant continues to occupy the commercial space.
NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a
significant source of environmental pollution that represents a present and increasing threat to
the public peace and to the health, safety and welfare of the residents of the City of Aspen and
it its visitors. ...Accordingly, it is the policy of Council to provide standards for permissible noise
levels in various areas and manners and at various times and to prohibit noise in excess of
those levels."
During construction, noise cannot exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday.
Construction is not allowed on Sundays.
,,,,"",,
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It is very likely that noise generated during the construction phase of this project will have some
negative impact on the neighborhood. The applicant should be aware of this and take measures
to minimize the predicted high noise levels.
FOOD SERVICE FACILITIES: Section 10-401 of the Rules and Regulations Governing the
Sanitation of Food Service Establishments in the State of Colorado requires a review of plans
and specifications by this Department. The Department shall be consulted before preparation of
plans and specifications. The Aspen Consolidated Sanitation District must be contacted for
their recommendation on the proper size of the grease trap. Restaurant grills are regulated by
the City of Aspen and the applicant should contact this Department to be it is in compliance with
City code.
The applicant should be aware that approval of both plans and specifications is required before
the building permit is approved. A minimum of two weeks is necessary for the Environmental
Health Department to review and approve plans. Also, final approval from this Department is
necessary before opening for business and prior to issuance of a Colorado Food Service
License.
MEMORANDUM
TO:
James Lindt
FROM:
Cindy Christensen
DATE:
March 3, 2005
RE:
MOTHER LODE SUBDIVISION LAND USE REVIEW
PaTcel ID No. 2737-073-38-007
ISSUE: The applicant is requesting approval to construct a three-story addition on the Mother
Lode Restaurant site located at 314 East Hyman.
BACKGROUND: The following is being proposed:
.
Ground FloOT: The front of the existing building will remain; the back portion of the
existing building will be demolished and reconstructed.
.
Basement: A basement will be constructed under the back half of the building for storage.
.
2nd Floor: The second floor is to contain three units - two one-bedroom affordable housing
units and a one-bedroom free-market unit.
.
3rd Floor: The third floor is to contain a three-bedroom free market unit.
The structure currently exists of a total 3,804 net leasable square feet. The applicant is proposing to
preserve the historic portion of the existing Mother Lode and to incorporate a larger mixed-use
commeTcial/residential structure. According to Section 26A70.070D3 of the City Land Use Code,
the existing net leasable commercial area located within a designated historic structure may be
demolished and reconstructed exempt from growth management and affordable housing mitigation.
This section of the Code also permits the floor area of the replacement structure to exceed that of
the demolished structure provided that there is no increase in commeTcial net leasable area and the
replacement structure complies with the dimensional requirements of the underlying zone district.
Approximately 3,259 square feet of the Mother Lode building's 3,804 square feet will be located on
the expanded ground floor. Any portion of the project's net leasable area not utilized on the ground
floor will be located in the basement. The remainder of the basement will be utilized for tenant
storage.
Pursuant to Section 26A70.070D2a of the City Land Use Code, the expanded structure may contain
one free-market residential unit that is also exempt from growth management and affoTdable
housing mitigation. Section 26A70.070D5(a)(l) requires that affordable housing be provided
commensurate with that which would otherwise be required if an additional free market unit were
1
--,~~-,j"-
competing for a GMQS allocation. This requirement falls Wlder Part VII, Section 3 of the
Aspen/Pitkin COWlty Housing Authority's 2004 Aspen/Pitkin County Employee Housing
Guidelines. The Guidelines require that 60% of the bedrooms in any residential subdivision be
restricted as affordable housing. The free-market one-bedroom Wlit is subject to the affordable
housing mitigation and the three-bedroom Wlit is exempt. Based on this regulation, one and one-
half bedrooms are required to mitigate the proposed one-bedroom free market Wlit. Two one-
bedroom units are planned on-site, mitigatil).g this requirement. The two units will each contain
600 net livable areas. This meets the minimum requirement as slated in the Guidelines. The
applicant is requesting that these Wlits remain Tental units. If approved, 1I1Oth of 1% Wldivided
interest will be conveyed to APCHA.
The units are further described below:
I-Bedroom, Category 2 Units
I Bath
600 sq. ft.
I-Bedroom, Free Market
IY,Bath
2,060 sq. ft. Kitchen/Dining/Living
Small Den
Two exterior decks
3-Bedroom, Free Market
3 Yz Baths
3,839 sq. ft. Kitchen/DininglLiving
Den, LaWldry/Storage
Smaller Deck and a
Rooftop deck
A total of II off-street parking spaces are required to accommodate the proposed development.
What is being proposed is that three of the proposed spaces will be allocated to the project's two
free-market residences while one space will be allocated to the two affordable housing Wlits.
Staff would prefer the Wlits as ownership units, but the applicant is proposing the deed-restricted
Wlits as rental units.
RECOMMENDATION: The Housing Office has reviewed the application and Wlder the current
Land Use Regulations the two one-bedroom proposed employee housing Wlits satisfy the mitigation
requirements for the development and recommends the Board approve the application and refer to
City Council for approval with the following conditions:
I. Two parking spaces shall be allocated and reserved for the two affordable housing units.
2. The two employee housing units shall be classified as Category 2 Wlits.
3. The Wlits will be deed-restricted as rental Wlits but will allow for the units to become
ownership units at such time the owners would request this change and/or at such time the
APCHA deems the units out of compliance over a period of more than one year. At such
2
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time, the units will be listed for sale with the Housing Office as specified in the deed
restriction at the Category 2 maximum sales price.
4. The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior
to Certificate of Occupancy.
5. APCHA or the applicant shall structure a deed restriction for the units such that 1/10'11 of
I percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County
Housing Authority; or until such time the units become ownership units; or the applicant
may propose any other means that the Housing Authority determines acceptable.
3
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ~/.;t:-e. ~~,</ ~ .
SCHEDULED PUBLIC HEARING DATE: ~~
, Aspen, CO
, 200 '5
, STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~~ V~~;<./ (name, please print)
being OT representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304,060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
/;'osting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from th~ day of
~/f'~~ ,200 "5, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
~ailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public heaTing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district OT other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is aI/ached hereto.
(continued on next page)
Rezoning or text amendmenl. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment ofa new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all bu~iness hours for fifteen (15) days
prior to the public hearing on such amendmeo& )
t
The foregoing "Affidavit of Notice" was acknowledged before me this \ Lf day
of .J.^C\ :<Th ,2005., by c;U'{~(\d UhV\f\
WITNESS MY HAND AND OFFICIAL SEAL
~yos
My commission expires: \l(>e e MYx2. (
~tl r^^~ C~~
otary Public
f- ?OO~
f
,TT ACHMENTS:
OFTHEPUBLlCATION
)VERNMENTAL AGENCIES NOTICED
BY MAIL
-
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PUBLIC NOTICE
RE: MOTHER LODE RESTAURANT BUILDING SUBDIVISION, SPECIAL REVIEW,
AND GMQS EXEMPTIONS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 15, 2005 at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Regent
Properties, Inc. requesting approval of subdivision, GMQS exemptions, and special review to
reduce open space/pedestrian amenity and to establish the dimensional requirements for the
trash/utility service area to construct a three-story addition to the Mother Lode Restaurant building
consisting of a street-level commercial space, two free market residential units, and two deed-
restricted affordable housing units. The property subject to the application is commonly known as
the Mother Lode Restaurant building and is located at 314 E. Hyman Avenue. The property is
legally described as Lots N and 0, Block 81, City and Townsite of Aspen. For further information,
contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St,
Aspen, CO, (970) 429-2763, jamesl@ci.aspen.co.us.
s/Jasmine Tv!!:re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on February 27, 2005
City of Aspen Account
Jam Free Printing
Use Avery@ TEMPLATE 5160@
1000 EAST HOPKINS LLC
215 S MONARCH SUITE 104
ASPEN, CO 81611
ALEXANDER JUDY
2121 NW FRONTAGE RD #254
VAIL, CO 81657
BALDWIN HARLEY
205 S GALENA ST
ASPEN, CO 81611
BENTLEYS AT THE WHEELER
PO BOX 10370
ASPEN, CO 81612
BUSH ALAN DAVID
0046 HEATHER LN
ASPEN, CO 81611-3342
CHICAGO SNOWFLAKE CORPORATION
221 E HYMAN AVE
ASPEN, CO 81611
COMCOWICH WILLIAM L
TRUSTEE OF ROBERT BARNARD TRUST
POBOX 1374
ASPEN, CO 81612
DAVIS HORN INCORPORATED
215 S MONARCH #104
ASPEN, CO 81611
ELLIS DIANA ROQUE
210 E HYMAN AVE #7
ASPEN, CO 81611
FOOTLOOSE MOCCASIN MAKERS INC
240 S MILL ST STE 201
ASPEN, CO 81611
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RYAN CO INC
8725 E BOISE ST
MESA, AZ 85207-7735
ASPEN ARCADE L TO LLLP
4020 PALOS VERDE DR N STE 206
ROLLING HILLS ESTATES, CA 90274-
2525
BANK OF ASPEN
C/O EPROPERTY TAX-DEPT 303
PO BOX 4900
SCOTTSDALE, AZ 85261-4900
BIRKWOOD ASSOCIATES
ATTN TERRE t205 SOUTH MILL STREET
STE 301 A
ASPEN, CO 81611
CALHOON THOMAS C
315 LAVACA ST
AUSTIN, TX 78701
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CRYSTAL PALACE CORPORATION
PO BOX 32
ASPEN, CO 81612
DENSON JAMES 0
2484 MERGANSER DR
GRAND JUNCTION, CO 81505
ELLIS DIANA ROQUE TRUSTEE
13320 MULHOLLAND DR
BEVERLY HILLS, CA 90210
FORGE PARTNERSHIP
PO BOX 2914
BASALT, CO 81621
A1I3^V-09-00B-L
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407 EAST HYMAN PROPERTY L TO
34425 HWY 82
ASPEN, CO 81611
B & KASSOCIATES
A COLORADO GENERAL PARTNERSHIP
308 S MILL ST
ASPEN, CO 81611
BARNETT-FRYWALD HOLDINGS INC
CtO BECKER BUSINESS SERVICES
630 E HYMAN AVE
ASPEN, CO 81611
BRINING ROBERT
215 S MONARCH ST STE 203
ASPEN, CO 81611
CHARLlES COW COMPANY LLC
315 E HYMAN AVE
ASPEN, CO 81611
CLARK FAMILY TRUST
PO BOX 362
ASPEN, CO 81612
DAVIDSON DONALD W
864 CEMETERY LN
ASPEN, CO 81611
DOLE MARGARET M
CtO FIRST NATIONAL BANK OF
CEDARIDGE
PO BOX 8455
ASPEN, CO 81612
FEDER HAROLD L & ZETTA F
985 CASCADE AVE
BOULDER, CO 80302-7550
FREDRICK LARRY 0
215 S MONARCH STE G101
ASPEN, CO 81611
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GOLDSTEIN PETER & ALAN
150 METRO PK #2
ROCHESTER, NY 14623
GRAND FINALE L TO
PO BOX 32
ASPEN, CO 81612
HABATAT GALLERIES ASPEN INC
PO BOX G
ASPEN, CO 81612
HILLIS OF SNOW MASS INC
170 E GORE CRK
VAIL, CO 81657
ISIS LLC
PO BOX 1548
ASPEN, CO 81612
KANDYCOM INC
766 SINGING WOOD DR
ARCADIA, CA 91006
KELLY PROPERTIES INC
PO BOX 8429
ASPEN, CO 81612
LA COCINA INC
PO BOX 4010
ASPEN, CO 81612
MEEKER RICHARD J AND ALLISON 0
0752 MEADOWOOD DR
ASPEN, CO 81611
MORRONGIELLO CHARLES T
MORRONGIELLO LYDIA A
18 SCHOOL LN
lLOYD HARBOR, NY 11743
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GOODING RICHARD L
4800 SHOLLY ST
ENGLEWOOD, CO 80111
GRAND SLAM HOLDINGS LLC
C/O CARL B L1NNECKE CPA PC
215 S MONARCH ST - STE# 101
ASPEN, CO 81611
HALL CHARLES L 49%
230 S MILL ST
ASPEN, CO 81611
HYMAN MALL COMMERCIAL CONDOS
LLC
290 HEATHER LN
ASPEN, CO 81611
JMS LLC
210 E HYMAN AVE STE 202
ASPEN, CO 81611-2909
KANTZER TAYLOR MICHAEL FAMILY
TRUST #1
6501 VISTA DEL MAR
PLAYA DEL REY, CA 90293
KIERNAN ROBIN
215 S MONARCH ST#105
ASPEN, CO 81611
L1MELlTE INC
PAAS LEROY G
228 E COOPER AVE
ASPEN, CO 81611
MILL STREET PLAZA ASSOCIATES LLC
CtO M & W PROPERTIES
205 S MILL ST STE 301A
ASPEN, CO 81611
MSJ PROPERTIES LLC 50%
302 E HOPKINS
ASPEN, CO 81611
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GORDON DAVID F & LETICIA LLC
3663 GRAND AVE #904
DES MOINES, IA 50312
GRIFFITH LARRY R
13322 TIERRA OAKS DR
REDDING, CA 96003
HART GEORGE DAVID & SARAH G
PO BOX 5491
SNOWMASS VILLAGE, CO 81615
IFTNFS LLC
210 E HYMAN AVE STE 202
ASPEN, CO 81611.2909
JOHNSON PETER C & SANDRA K
215 S MONARCH ST STE G103
ASPEN, CO 81611
KAUFMAN GIDEON I
315 E HYMAN AVE STE 305
ASPEN, CO 81611
KREVOY BRADLEY R
1401 OCEAN AVE #301
SANTA MONICA, CA 90401
LINDNER FRITZ & ERIKA
66966 TEN PEAKS CT
BEND, OR 97701-9277
MILLER AMI B
PO BOX 2385
ASPEN, CO 81612
MTN ENTERPRISES 80B
C/O HILLIS OF SNOWMASS
170 GARE CRK DR
VAil, CO 81657
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OBRIEN MAUREEN
215 S MONARCH ST G102
ASPEN, CO 81611
PARK CENTRAL CONDO ASSOC
215 S MONARCH ST STE 203
ASPEN, CO 81611
RACZAK JOSEPH S & JANET L
215 S MONARCH ST STE 106
ASPEN, CO 81611
SSM LAND AQUISITION CO LLC
2121 KIRBY DR #99
HOUSTON, TX 77019
VAIL FINE ART GALLERY INC
141 E MEADOW DR #C135
VAIL, CO 81657
WHITMAN WENDALlN
210 E HYMAN AVE #101
ASPEN, CO 81611
YOUNG BARBARA A
PO BOX 3010
WINTER PARK, CO 80482-3010
-
ORR ROBERT L
500 PATTERSON RD
GRAND JUNCTION, CO 81506
PETERSON BROOKE A 50%
302 E HOPKINS AVE
ASPEN, CO 81611
ROBERTS JANET A
215 S MONARCH STE G101
ASPEN, CO 81611
THE ISIS BUILDING LLC
205 S MILL ST # 301A
ASPEN, CO 81611
WENDELlN ASSOC
A NEW YORK GENERAL PARTNERSHIP
150 METRO PARK
ROCHESTER, NY 14623
WHITMAN WENDALlN
PO BOX 4290
ASPEN, CO 816112
"'"'"
~ PARAMOUNT INVESTMENTS INC
CtO WILLIAM POPE
540 W SMUGGLER
ASPEN, CO 81611
PROSPECTOR FRACTIONAL OWNERS
ASSOC
301 E HYMAN AVE #108
ASPEN, CO 81611
SEGUIN WILLIAM L
PO BOX 4274
ASPEN, CO 81612
TRUE NINA W
215 S MONARCH ST # 102
ASPEN, CO 81611
WHEELER SQUARE - CASPER FAMILY
LLC
315 E HYMAN
ASPEN, CO 81611
WILLIAMS DEXTER M 51%
230 S MILL ST
ASPEN, CO 81611
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
.~/t~05
,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~ a lM...e..S L'II\.J..J- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
~ublication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hfi(eto.
_ Posting of notice: By posting of notice, which form was obtained from ~
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
pTior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
~ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information describeq, in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by fiTst clas~ postage
prepaid U.S. mail to any federal agency, state, county, municipal govenunent,
school, service district or other govenunental or quasi-govenunental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
...."
MEMORANDUM
TO:
Chris Bendon, Community Development Director
FROM:
James Lindt, Planner (IL
Mother Lode Administrative GMQS Exemptions
RE:
DATE:
February 8, 2005
SUMMARY:
Regent Properties, Inc, represented by Vann Associates, LLC, has applied for several
administrative Growth Management Quota System (GMQS) exemptions in conjunction
with the proposed Mother Lode Subdivision. These administrative GMQS exemption
requests would allow for the expansion of the Mother Lode Restaurant building located at
314 E. Hyman Avenue.
The Applicant has requested administrative GMQS exemptions for the "Enlargement of' a
property listed on the Aspen Inventory of Historic Landmark Sites and Structures intended
for commercial or office purposes" pursuant to Land Use Code Section 26.470.070(0)(3)
and for the "Enlargement of' property listed on the Aspen Inventory of' Historic Landmark
Sites and Structures for the addition ol one dwelling unit" pursuant to Land Use Code
Section 26.470.070(D)(2)(a).
Specifically, the Applicant would like to construct a three-story addition and basement on the
Mother Lode building. The first floor is proposed to continue to contain a commercial space,
while the second floor is to contain a one-bedroom free market dwelling unit and two one-
bedroom affordable housing units. On the third floor, a three-bedroom free market
residential unit is to be built. And tinally, the basement is to contain storage area for the
tenants as well as approximately 500 square feet of the commercial space that currently
exists on the first floor.
In order to develop the project as proposed, the Applicant requires the administrative GMQS
exemptions detailed above and several other GMQS exemptions that require review by the
Planning and Zoning Commission and City Council in conjunction with the subdivision
request. Staff has interpreted that the Applicant could utilize the four (4) independent
GMQS exemptions in combination with each other (please see interpretation attached as
Exhibit "C").
STAFF COMMENTS:
In reviewing the two (2) administrative GMQS exemptions, the first exemption to expand the
commercial portion of the building without expanding the net leasable square footage is
exempt from employee housing mitigation requirements pursuant to Land Use Code Section
26.470.070(0)(3), Enlargement of' a property listed on the A"pen Inventory of' Historic
Landmark Sites and Structures intendedfor commercial or office purposes. The only two (2)
review standards for this exemption are that the building is listed on the Aspen Inventory of
Historic Sites and Structures and that the expansion does not increase both the FAR of the
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structure and the net leasable square footage. Staff finds the proposal will expand the FAR
of the structure but will not expand the net leasable square footage and thus complies with
the requirements for approving said exemption.
The second of the GMQS exemptions is sought to construct the proposed three-bedroom free
market residential unit. Pursuant to Land Use Code Section 26.470.070(D)(2)(a),
Enlargement of property listed on the A,lpen Inventory of Historic Landmark Sites and
Structures fiJr the addition of one dwelling unit, the expansion of a property listed on the
Aspen Inventory of Historic Sites and Structures for the addition of one residential unit is
exempt from the Growth Management Scoring and Competition process and is exempt from
employee housing mitigation requirements. This exemption has no specified review
standards and is allowed by right as long as the proposal meets the zoning requirements for
the site and the site is designated to Inventory of Historic Landmark Sites and Structures.
Therefore, Staff recommends that the Community Development Director approve the
proposed administrative GMQS exemptions contingent upon obtaining final subdivision
approval.
ApPLICANT:
Regent Properties, Inc, represented by Vann Associates.
LOCATION:
314 E. Hyman Avenue, Lots Nand 0, Block 81, City and Townsite of Aspen.
ZONING:
Commercial Core (CC) Zone District
REVIEW PROCEDURE:
The requested GMQS exemptions may be approved by the Community Development
Director, pursuant to Land Use Code Sections 26.470.070(0)(3), Enlargement ofa property
listed on the Aspen Inventory of Historic Landmark Sites and Structures intended fiJr
commercial or office purposes, and 26.470.070(D)(2)(a), Enlargement of property listed on
the Aspen Inventory of Historic Landmark Sites and Structures for the addition of one
dwelling unit. Review criteria and Staff Findings have been included as Exhibit "A." The
application has been included as Exhibit "B:'
STAFF RECOMMENDATION:
Staff recommends that the Community Development Director approve the requested GMQS
administrative GMQS exemptions for the Mother Lode Restaurant building expansion with
the condition established herein.
2
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Exhibit A
Review Standards and Staff Findings:
The enlargement of a property listed on the Aspen Inventory of Historic Landmark Sites
and Structures that develops, on a maximum cumulative basis, not more than one
residential dwelling or three hotel, lodge, bed and breakfast, boardinghouse,
roominghouse or dormitory units. This exemption shall be deducted from the re.\pective
annual development allotments andfrom the Aspen Metro Area development Exemption
review is by the Community Development Director,
Staff Findine::
The property subject to the GMQS exemption request is listed on the Aspen Inventory of
Historic Landmark Sites and Structures and pursuant to a land use code interpretation
approved by the Community Development Director's interpretation attached hereto, the
Applicant can utilize this exemption in combination with the exemption for adding more
than one residential unit to the development. Staff finds that this application is in
compliance with the requirements to grant a GMQS exemption for the addition of the
three-bedroom residential unit
The enlargement ofa property listed on the Aspen Inventory of Historic Landmark Sites
and Structures for use as a commercial or office development shall be exempt from
Growth Management Scoring and Competition as long as the following requirements are
complied with: The enlargement of a property listed on the Aspen Inventory of Historic
Landmark Sites and Structures intended to be used as a commercial or office
development which does not increase either the building's existing floor area ratio or its
net leasable square footage; or (2) the enlargement of a property listed on the Aspen
Inventory of Historic Landmark Sites and Structures intended to be used as a commercial
or office development which increases either the building's existing.floor area ratio or its
net leasable square footage, but does not increase both, shall be exempt Review is by the
Community Development Director.
Staff Findine::
In order to obtain a GMQS exemption for the expansion of commercial space in a
historically designated structure, the application shall not expand both the net leasable
square footage and the FAR on the site. In this case, Staff finds that the Applicant is only
expanding the FAR and not the net leasable square footage. Therefore, Staff finds the
requirements to expand the commercial space in the Mother Lode to be satisfied by the
proposaL
4
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ApPROVAL:
I hereby approve the requested administrative GMQS exemptions for the Mother Lode
Restaurant building expansion subject to the following condition:
I. Approval of the GMQS exemptions granted herein are contingent upon obtaining
APPRe)Vean approval for the associated Mother Lode Subdivision.
fEB () 8 2005 t1
date t.. g. ot;;
~oetELO\'l.lkl'l\ 1JtII;l'1\)\ endon, Community Development Director
COlIII cm~~
-ACCEPTANCE:
I, as a person being or representing the applicant, do hereby agree to the conditions of this
approval and certify the information provided in t . sa. tion is correct to the best of my
knowledge.
ATTACHMENTS:
Exhibit A n Review Criteria and Staff findings
Exhibit B Application
Exhibit C n Land Use Code Interpretation
date~r
tive, Regent Properties, Inc.
3
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c E-lNL~ll/d!-G
PUBLIC NOTICE ~ iA0Y1y 0//7 ?;fo
RE: MOTHER LODE RESTAURANT BUILDING SUBDIVISION, SPECIAL REVIEW,
AND GMQS EXEMPTIONS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 15,2005 at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Regent
Properties, Inc. requesting approval of subdivision, GMQS exemptions, and special review to
reduce open space/pedestrian amenity and to establish the dimensional requirements for the
trash/utility service area to construct a three-story addition to the Mother Lode Restaurant building
consisting of a street-level commercial space, two free market residential units, and two deed-
restricted affordable housing units. The property subject to the application is commonly known as
the Mother Lode Restaurant building and is located at 314 E. Hyman Avenue. The property is
legally described as Lots N and 0, Block 81, City and Townsite of Aspen. For further information,
contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St.,
Aspen, CO, (970) 429-2763, jamesl@ci.aspen.co.us.
s/Jasmine TVl!re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on February 27, 2005
---------------------------------------------
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City of Aspen Account
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MOTHER LODE
GROWTH MANAGEMENT EXEMPTION
APPLICATION
A GROWTH MANAGEMENT EXEMPTION APPLICATION
FOR THE REDEVELOPMENT
OF THE
MOTHER LODE RESTAURANT PROPERTY
Submitted by:
Regent Properties, Inc.
450 North Roxbury Drive, Suite 600
Beverly Hills, CA 90210
(310) 276-5330
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January 24, 2005
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Prepared by:
,
VANN ASSOCIATES. LLC
Planning Consultants
230 East Hopkins Avenue
Aspen, Colorado 81611
(970) 925-6958
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PROJECT CONSULTANTS
PLANNER
SURVEYOR
Sunny Vann, AICP
Vann Associates, LLC
230 East Hopkins Avenue
Aspen, CO 81611
(970) 925-6958
Mark S. Beckler, L.S. #28643
Sopris Engineering, LLC
502 Main Street, Suite A3
Carbondale, CO 81623
(970) 704-0311
ARCHITECT
CIVIL ENGINEER
Kim Wei!, RA
Poss Architecture and Planning
605 East Main Street
Aspen, CO 81611
(970) 925-4755
Jay Hammond, P.E.
Schmueser Gordon Meyer, Inc.
118 West 6th. Street, Suite 200
Glenwood Springs, CO 81601
(970) 945-1004
1
Section
TABLE OF CONTENTS
Page
I.
II.
III.
IV.
INTRODUCTION
1
PROJECT SITE
2
PROPOSED DEVELOPMENT
6
REVIEW REQUIREMENTS
22
A.
Growth Management Exemptions
22
B.
Subdivision
25
C.
31
Condominiumization
D.
Special Review
32
E.
Vested Property Rights
33
APPENDIX
A. Exhibit 1, Pre-Application Conference
Summary
Exhibit 2, Resolution No. 31, Series of 2004
Exhibit 3, Title Insurance Commitment
Exhibit 4, Property Owners Consent
Exhibit 5, Permission to Represent
Exhibit 6, Land Use Application Form
Exhibit 7, Dimensional Requirements
Form
ii
~
TABLE OF CONTENTS
Section
Page
APPENDIX
Exhibit 8. Application Fee Agreement
Exhibit 9. List of Adjacent Property
Owners
B. Exhibit 1, Schmueser Gordon Meyer
Engineering Letter
C. Exhibit 1. Community Development Department
Code Interpretation
111
I. INTRODUCTION
The following application requests various growth management quota system
("GMQS ") exemptions for the development of a mixed use commercial/residential project
on the Mother Lode restaurant property, which is located at 314 East Hyman Avenue in
the City of Aspen (see Pre-Application Conference Summary, Exhibit 1, Appendix A,
attached hereto). The proposed development will also require subdivision approval, as
it contains multiple dwelling units; condominiumization approval; and special review
approval to reduce the amount of required open space. Vested property rights status is
requested for all approvals granted pursuant to this application.
The Mother Lode building is listed on the Aspen Inventory of Historic
Landmark Sites and Structures and is located within the City's Commercial Core
Historic District. As a result, any redevelopment of the property is subject to the review
and approval of the City's Historic Preservation Commission ("HPC"). Given the scope
of the project, HPC approval of both a conceptual and final development plan is
required. Conceptual development plan approval was granted by the HPC on November
17, 2004 (see Resolution No. 31, Series of 2004, Exhibit 2, Appendix A). An
application for final development plan approval will be submitted to the HPC following
the receipt of all other required land use approvals.
>
The application is submitted pursuant to Sections 26.430.040.C., 26.470.070.D.,
26.480.040.C, and 26.480.090 of the Aspen land Use Regulations (the "Regulations")
by Regent Properties, Inc. (hereinafter "Applicant"), the prospective purchaser of the
property (see Title Insurance Commitment, Exhibit 3, Appendix A), Permission for the
Applicant to submit the application has been obtained from Gordon L. Whitmer and
Howard Ross, the current owners of the property (see Exhibit 4, Appendix A).
Permission for Vann Associates, LLC, Planning Consultants, to Tepresent the Applicant
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is attached as Exhibit 5, Appendix A. A land use application form, dimensional
requirements form, application fee agreement, and a list of property owners located
within three hundred feet of the project site are attached as Exhibits 6, 7, 8 and 9,
respectively.
The application is divided into four sections. Section I provides a brief
introduction to the application while Section II describes the project site. Section III of
the application outlines the Applicant's development proposal while Section IV addresses
the proposal's compliance with the applicable review criteria of the Regulations. For the
reviewer's convenience, all pertinent documents relating to the project (e.g., title
commitment, etc.) are provided in the appendices to the application.
While this application is intended to address ail relevant provisions of the Regula-
tions, and to provide sufficient information to enable a thorough evaluation of the
proposed development, questions may arise which require further information and/or
clarification. The Applicant will provide such additional information as may be required
in the course of the application's review.
II. PROJECT SITE
,/
The project site is legally described as Lots Nand 0, Block 81, City and
Townsite of Aspen. As the Improvement Location Survey on the following page
illustrates, the lots are located on the north side of Hyman Avenue between South
Monarch and South Mill Streets. The property contains a total area of 6,031 square feet
and is zoned CC, Commercial Core. Man-made improvements to the property consist
of a one-story frame and concrete block structure, which is occupied by the Mother Lode
restaurant; an outdoor dining patio; and a small paved parking area located adjacent to
the alley at the rear of the site. Existing vegetation is limited to a small evergreen, three
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medium sized Aspen trees and various ornamental shrubs, all of which are located within
the outdoor patio. The structure's Hyman Avenue facade and an entry canopy presently
encroach into the public right-of-way.
According to Amy Guthrie, the City's Historic Preservation Officer, the front
portion of the Mother Lode building is one of a handful of remaining structures that were
built between 1879 and 1885, immediately following Aspen's incorporation. The original
structure is a false front building which is indicative of the City's earliest architectural
character. Although strongly associated with the nineteenth century development of the
West, such buildings are now considered uncommon as most were either destroyed by
fire or replaced with masonry structures as towns prospered. The front thirty feet of the
building remains relatively unaltered except for minor modifications to the storefront and
the replacement of some materials. The rear portion of the building consists of a series
of later additions, none of which are considered by the HPC to have historic merit.
.
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As the Existing Floor Plans on the following page illustrate, the Mother Lode
building contains a total of 3,804 square feet of net leasable commercial area. This
figure includes the restaurant's bar and lounge area, its dining rooms, the kitchen and its
associated food preparation areas, an employee changing area, a wine room and a small
office, which is located within the building's partially improved attic. The building's
restrooms, storage and mechanical areas have been excluded from the calculation of
existing net leasable area as provided for in Section 26.104.100 of the Regulations.
Existing development in the immediate site area includes the Wheeler Opera
House, which is located at the northwest comer of the intersection of Hyman Avenue and
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South Mill Street; the Crystal Palace building, which is located at the northeast comer
of Hyman A venue and South Monarch Street; the Prospector Condominiums, which are
located at the southeast comer of Hyman and Monarch, and the Wheeler Square building,
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which is located on the south side of Hyman Avenue across from the project site. A
small park is located between the Wheeler Opera House and the Mother Lode
restaurant's outdoor dining patio. A one-story commercial structure is located between
the restaurant and the Crystal Palace.
The project site is presently served by all major utilities. As the attached letter
from Jay Hammond., P.E. of Schmueser Gordon Meyer, Inc., Consulting Engineers,
indicates (see Exhibit 1, Appendix B), an eight inch sanitary sewer is located in the alley
at the rear of the site. Water service is provided from a twelve inch water main located
in Hyman Avenue. Electric, telephone and cable TV services are also readily available
as evidenced by an existing electric transformer located next to the Mother Lode building
on adjacent Lot M and various telephone and cable TV pedestals located within the alley.
Runoff from the roof of the existing building and the site's impervious areas presently
drains to either Hyman Avenue or the alley.
III.
PROPOSED DEVELOPMENT
The Applicant proposes to preserve the historic portion of the existing Mother
Lode building and to incorporate it within a larger mixed use commercial/residential
structure. The non-historic portion of the building will be demolished and replaced with
a new three-story addition. The building's historic portion will be repaired and restored
to the extent necessary consistent with applicable HPC guidelines. As the Site Plan on
the following page illustrates, pedestrian access to the upper floors of the new addition
will be provided via a small entry courtyard and lobby located on the east side of the
existing building. An interior elevator and two stairways will connect the expanded
structure's ground floor with the two upper floors and a partial basement to be
constructed beneath the new addition. A trash/utility service area and four on-site
parking spaces are proposed adjacent to the alley.
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As the Floor Plans on the following pages illustrate, the expanded structure's
ground floor will be' devoted almost entirely to commercial use. Pursuant to Section
26.470.070.D.3.a. of the Regulations, existing net leasable commercial area located
within an individually designated historic structure may be demolished and reconstructed
exempt from growth management and affordable housing mitigation. In addition, this
section permits the floor area of the replacement structure to exceed that of the
demolished structure provided that there is no increase in commercial net leasable area,
and the replacement structure otherwise complies with the dimensional requirements of
the underlying zone district. The applicability of this GMQS exemption and various
other provisions of the Regulations to the proposed development is addressed in the
attached code interpretation prepared by the Community Development Department (see
Exhibit 1, Appendix C.
Approximately 3,259 square feet of the Mother Lode building's 3,804 square feet
of existing net leasable area will be located on the expanded structure's ground floor.
Please note, however, that this figure is approximate as the ground floor commercial
space may contain both restrooms and circulation corridors depending on specific tenant
requirements. Any portion of the project's net leasable area credit which is not utilized
on the ground floor will be located in the basement. The remainder of the basement will
be utilized for tenant storage, which is exempt from net leasable area calculations. The
basement will also contain the expanded structure's mechanical room and storage for the
project's commercial areas and residential units.
The project's second floor will contain one I-bedroom free market residential unit
and two I-bedroom deed restricted affordable housing units, The third floor will contain
a single 3-bedroom free market unit. Pursuant to Section 26.470.070.D.2.a. of the
Regulations, the expanded structure may contain one free market residential unit which
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is also exempt from growth management and affordable housing mitigation. Pursuant
to Section 26.470.070.D.2.b., the structure may contain additional exempt free market
residential units provided that the mitigation requirements of Section 26.470.070.D.5 are
met for the additional units.
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For an expanded structure that maximizes the underlying zone district's allowable
floor area, Section 26.470.070.D.5.(a)(1) of the Regulations requires that affordable
housing be provided commensurate with that which would otherwise be required if the
additional free market units were competing for a GMQS allocation. As the code
interpretation indicates, the relevant mitigation requirement is contained in Part VII,
Section 3 of the Aspen/Pitkin County Housing Authority's ("APCHA") 2004 As-
pen/Pitkin County Affordable Housing Guidelines. which requires that sixty percent
of the bedrooms in any residential subdivision be restricted as affordable housing. As
one or more dwelling units located in an office, retail or service commercial building is
by definition a multi-family dwelling, and such dwellings are subject to subdivision
approval, this mitigation requirement has been determined to apply.
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housing mitigation, and the 3-bedroom unit is exempt, the relevant calculations are as
follows.
x = Required Affordable Housing Bedrooms
x = O,60(X + 1)
0.40X = 0.60
x = 1.5 Bedrooms
,
Based on the above, one and one-half affordable housing bedrooms are required to
mitigate the proposed I-bedroom free market unit that is subject to mitigation. As
discussed previously, two I-bedroom on-site affordable housing units are included within
12
the proposed development. The two affordable housing bedrooms to be provided equates
to approximately sixty-seven percent of the project's total residential bedrooms excluding
the 3-bedroom free market unit which is exempt from mitigation. This figure
significantly exceeds the applicable sixty percent requirement.
.
The two on-site affordable housing units will each contain a minimum of six
hundred square feet of net livable area which exceeds APCHA's minimum requirement
for I-bedroom units. The units will be deed restricted and rented or sold pursuant to
APCHA's Category 2 income and occupancy guidelines. The units will be condominiu-
mized upon substantial completion of construction and deed restricted prior to issuance
of a certificate of occupancy for the project's free market residential units. In the event
the units are rented, a one percent undivided interest will be conveyed to APCHA to
comply with the State's prohibition against rent control.
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The I-bedroom free market unit will contain one and one-half baths, a
kitchen!dininglliving area, a small den, and approximately 2,060 square feet of floor
area. The 3-bedroom free market unit will contain three and one-half baths, a kitchen!
dining/living area, a den, a laundry/storage room, and approximately 3,839 square feet
of floor area. Two exterior decks will be provided for the I-bedroom unit above the
portion of the existing Mother Lode building which is to be retained. A similar, albeit
smaller deck and a larger rooftop deck will be provided for the 3-bedroom free market
unit. As noted previously, all of the project's residential units will be connected to the
expanded structure's ground floor and basement by an elevator and stairways.
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.
measured to the top of the parapet at the front of the proposed addition. As the building
Elevations on the following pages illustrate, the three story addition is setback
approximately thirty feet from the existing Mother Lode building's front facade. The
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height of the structure's flat roof is approximately thirty-eight feet while the height of the
proposed streetfront addition to the building's facade and the covered entry courtyard
located adjacent thereto is approximately sixteen feet. All of these heights are within that
which is currently permitted in the CC zone district.
The proposed development will contain no open space. While the Applicant's
original conceptual development plan application proposed to retain a portion of the
property's existing outdoor patio area, the HPC required that any addition to the Mother
Lode building abut the street at ground level. As a result, the project's architectural
design was revised to eliminate the proposed open space. The elimination of the
project's open space will require the receipt of special review approval from the Planning
and Zoning Commission and a payment-in-lieu thereof.
It should be noted that City Council Ordinance No. 28a, Series of 2004, replaced
the CC zone district's 25 percent open space requirement with a "Pedestrian Amenity
Space" provision. No criteria for the new provision, however, have been adopted to
date. As a result, the Community Development Department has indicated that the prior
open space requirement will continue to apply until such time as criteria are adopted for
the Pedestrian Amenity Space provision. Based on the 25 percent requirement, a total
of 1,508 square feet of open space must be mitigated via a payment-in-lieu. It is the
Applicant's understanding that the City proposes to substantially reduce the amount of
such payments in connection with the adoption of the new Pedestrian Amenity Space
criteria. Please note that the financial feasibility of the proposed development is
dependent upon the adoption of the reduced mitigation requirement.
Special review approval arguably may also be required to accommodate the
project's proposed trash and utility service area. Historically, a minimum area twenty
feet in length with a minimum depth of ten feet has been required abutting the alley in
-
16
the CC zone district. While the general Tequirement for the provision of such areas was
retained in Ordinance No. 28a, no dimensional standards were apparently incorporated
in either the revised CC zone district or elsewhere in the Regulations. As the Floor
Plans illustrate, a trash and utility service area measuring approximately sixteen feet by
sixteen feet has been provided adjacent to the alley. This area is sufficient to accommo-
date the proposed development's trash receptacle and any required utility meters and
pedestals. Special review approval for the project's proposed trash/utility service area,
however, is requested in the event required.
Pursuant to Section 26.515.030 of the Regulations, a total of eleven off-street
parking spaces are required to accommodate the proposed development. Eight spaces,
or two spaces per thousand square feet, are required for the project's 3,804 square feet
of net leasable commercial area. Three spaces are required for the two free market
residential units, one space for the I-bedroom unit and two spaces for the 3-bedroom
unit. The parking requirement for the project's affordable housing units is typically
established via special review.
The above requirements notwithstanding, Section 26.470.070.D.5.(b) of the
Regulations specifically provides an HPC waiver for any parking (including any payment-
in-lieu thereof) that cannot reasonably be located on-site. As the Site Plan illustrates,
four parking spaces will be provided adjacent to the alley. The project's remaining off-
street parking requirement was waived by the HPC in connection with conceptual
development plan approval. Three of the proposed spaces will be allocated to the
project's two free market residences while one space will be allocated to the two
affordable housing units.
,
,
.
The proposed development complies with all of the dimensional requirements of
the CC, Commercial Core zone district with the exception of required open space and
,
,
,
,
.
,
17
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off-street parking. As Table 1, below, indicates, the expanded structure's height, total
floor area, commercial floor area, and free market residential floor area are all less that
the maximum allowed. The project's internal floor area distribution is depicted on Floor
Area plans on the following pages. While less than the minimum required parking is
proposed, the HPC has waived those spaces which cannot be provided on-site. Similarly,
a payment-in-lieu of open space will be made to the City to accommodate the HPC's
preference for a continuous streetfront facade,
Table 1
DEVELOPMENT DATA
Lots Nand 0, Block 81, Aspen Townsite
1. Existing Zoning CC, Commercial Core
2. Existing Net Leasable Commercial 3,804
Area (Sq. Ft.)
3. Existing Lot Size (Sq. Ft.)1 6,031
4. Minimum Required Lot Size (Sq. Ft.) 3,000
5. Minimum Required Lot Area/Dwelling No Requirement
Unit (Sq. Ft.)
6. Minimum Required Lot Width (Feet) No Requirement
7. Minimum Required Setbacks (Feet)
Front Yard No Requirement
Side Yards No Requirement
Rear Yard2 No Requirement
8. Maximum Allowable Height (Feet? 42
9. Maximum Proposed Height (Feet) 42
10. Pedestrian Amenity Space4
11. Proposed Open Space (Sq, Ft.) None
18
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12. Maximum Allowable Floor Area 18,093
@ 3:1 (Sq. Ft.)
Commercial Uses @ 1.5:15 9,046
Free Market Residential @ 1: 1 6,031
Affordable Housing No Limitation
13. Proposed Floor Area (Sq. Ft.) 13,948
Commercial Uses 3,434
Free Market Residential 5,899
Affordable Housing 1,376
Other6 3,240
14. Proposed Floor Area Ratio 2.3:1
15. Proposed Net Leasable Commercial Area (Sq. Ft.) 3,804
Ground Floor1 3,259
Basement 545
16. Minimum Required Parking 11
Commercial Uses @ 2 Spaces/l,OOO Sq, Ft. 8
Net Leasable
Free Market Residential @ 2 Spaces/ 3
Dwelling Unit8
Affordable Housing Special Review
17. Proposed Parking9
Commercial Uses None
Free Market Residential 3
Affordable Housing 1
Per the Improvement Location Survey prepared by Sopris Engineering, LLC
dated June 11, 2004.
2
A trash/utility area is required abutting the alley pursuant to Section 26.575.060.
3
Maximum allowable height may be increase to 46 feet for areas of a building set
back a minimum of 15 feet from lot lines adjoining a street right-of-way.
21
4
Pedestrian Amenity Space is assumed to presently refer to minimum required
open space. This requirement has historically been 25 percent of a property's lot
size which may be reduced by Special Review pursuant to Section 26.430.
5
May be increase to 2: I if affordable housing equal to 60 percent of the additional
commercial floor area is developed on the same parcel.
6
Includes circulation corridors, stairways and covered parking areas.
7
Variable depending upon tenant use of the space.
8
One space per dwelling is required for studio and I-bedroom units,
9
Seven of the required eleven parking spaces were waived by the Historic
Preservation Commission.
As discussed previously, all required utilities are available in the immediate site
area and are adequate to serve the proposed development. All utility extensions will be
located underground, and appropriate easements will be dedicated to the various public
and private utilities as may be required. Site grading will be limited to the excavation
of the project's subgrade basement.
IV. REVIEW REQUIREMENTS
The proposed development requires the receipt of several GMQS exemptions.
Subdivision, condominiumization and special review approval are also required. Vested
property rights status is requested for all approvals granted pursuant to this application.
Each of these review requirements is discussed below.
A. Growth Management Quota System Exemptions
The proposed development is exempt from the City's growth management
quota system subject to various regulatory requirements. The relevant GMQS
exemptions, and the proposed development's compliance with their respective
requirements, are as follows.
22
1. Enlargement of History Inventory Property. Pursuant to Section
26.470.070.D.3.a. of the Regulations, the enlargement of a property listed on the Aspen
Inventory of Historic landmark Sites and Structures which is intended to be used for
commercial or office purposes is exempt from the City's GMQS regulations and
affordable housing mitigation requirements. More specifically, the Community
Development Director is authorized to exempt development that increases either the net
leasable square footage or the floor area of the historic property, but not both.
Demolition and reconstruction is permitted subject to compliance with the applicable
requirements of Chapter 26.415, Historic Preservation, of the Regulations. There are
no criteria for the Director's granting of an exemption other than the prohibition against
increasing both a property net leasable square footage and floor area.
No increase in the existing Mother Lode building's net leasable area is
proposed. The building's floor area, however, will increase as provided for in Section
26,710.140.D.1O. of the Regulations. Conceptual development plan approval for the
proposed development has been granted by the HPC, which is sufficient to demonstrate
compliance with the City's historic preservation requirements. The project, therefore,
qualifies for the requested GMQS exemption.
2. Enlargements for Additional Dwelling Units: Addition of One
Unit. Pursuant to Section 26.470.070.D.2.(a), the Community Development Director
is also authorized to approve a GMQS exemption for the development of one free market
residential unit on a historic landmark property subject to the availability of sufficient
allotments within the Aspen Metro Area. There are no further cTiteria for this exemption
and no affordable housing mitigation is required. The proposed development will contain
one such unit (i.e., the 3-bedroom unit), and sufficient GMQS allotments are believed
to be available to permit the Director's approval.
23
3. Enlargements for Additional Dwelling Units: Addition of More
Than One Unit. Pursuant to Section 26.470.070.D.2.(b) of the Regulations, the
Planning and Zoning Commission may approve a GMQS exemption for additional free
market residential units on a historic landmark property subject to compliance with the
standards of Section 26.470.070.D.5. In general, the applicable standards require the
provision of affordable housing and parking mitigation for the additional residential units,
the availability of adequate utilities and public facilities to serve the units, and
compatibility with surrounding development.
The proposed development will contain one additional free market
residential unit (i.e., the I-bedroom unit). Two I-bedroom on-site affordable housing
units are proposed to mitigate the additional free market unit, and off-street parking will
be provided adjacent to the alley for both the free market and affordable housing units.
As discussed previously, the proposed affordable housing mitigation exceeds APCHA's
minimum requirements. All required utilities are adequate to serve the project, and no
adverse impact on the City's public facilities is anticipated. The proposed development's
site design is compatible with surrounding development and has received conceptual
development plan approval from the HPC.
4. Affordable Housing Units. A GMQS exemption is also required
for the proposed development's two affordable housing units, Pursuant to Section
26.470.070.J., the City Council may exempt dwelling units deed restricted to APCHA's
affordable housing guidelines from the growth management quota system. The applicable
review criteria address such issues as the need for the units, their compliance with an
adopted housing plan, the proposed unit mix, and the price categories to which the units
swill be deed restricted. Inasmuch as the proposed affordable housing units comply with
the various provisions of APCHA's affordable housing guidelines and are a mandatory
24
requirement of one of the requested GMQS exemptions, the requisite review criteria
would appear to be met.
B. Subdivision
Pursuant to Section 26.104.100 of the Regulations, land which is to be
used for condominiums, apartments or any other multiple dwelling units is by definition
a subdivision. As both multiple dwelling units and condominiumization are proposed by
the Applicant, subdivision review pursuant to Section 26.480.040.C. is required. The
various review criteria, and the proposed development's compliance therewith, are
summarized below.
1. General Requirements. Pursuant to Section 26.480.050.A., the
proposed development must comply with the following general requirements.
al The proposed subdivision shall be consistent with the Aspen
Area Comprehensive Plan.
The 2000 Aspen Area Community Plan ("AACP") contains no site
specific recommendations with respect to the project site, The proposed development is
a mixed use commercial/residential project which complies with the requirements of the
CC, Commercial Core, zone district. The project includes replacement commercial
square footage and both free market and affordable housing units, all of which have been
determined to be appropriate uses in the downtown commercial core. The project's
architectural design has been approved by the HPC as compatible with the historic
portion of the existing Mother Lode building which is to be preserved. The proposed
development is consistent with the AACP and with the City's expressed desire to
stimulate commercial redevelopment.
bl The proposed subdivision shall be consistent with the
character of existing land uses in the area.
25
The proposed development is consistent with the character of existing land
uses in the surrounding area. With the exception of the Wheeler Opera House and the
Prospector Condominiums, neighboring land uses consist primarily of retail commer-
cial/office uses.
c) The proposed subdivision shall not adversely affect the future
development of surrounding areas.
As the immediate site area is essentially fully developed, the Applicant's
project should have little if any effect on the development potential of neighboring
properties. The portions of the expanded structure's east and west elevations which abut
the property's boundaries are devoid of fenestration which will facilitate any future
expansion of the Wheeler Opera House and/or any redevelopment of the adjacent Aspen
Inside commercial building,
d) The proposed subdivision shall be in compliance with all
applicable requirements of this title.
The proposed development has been designed to comply with the
applicable requirements of the CC, Commercial Core zone district and all relevant
provisions of the Aspen Land Use Regulations. As Table I indicates, the Applicant's
project meets or exceeds all of the dimensional requirements of the CC zone district with
the exception of required open space and off-street parking. The elimination of the
project's open space was required by the HPC as a condition of conceptual development
plan approval and will be mitigated via a cash-in-lieu payment. The project's additional
parking requirements were waived by the HPC pursuant to Section 26.470,070.D.5.(b)
of the Regulations.
,
2. Suitability of land for Subdivision. The proposed development
must comply with the following requirements.
26
a) The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
mudflow, rockslide, avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the health, safety, or welfare of
the residents in the proposed subdivision.
No significant natural hazards are believed to adversely affect the project
site. Consequently, no adverse impact upon the health, safety or welfare of the proposed
development's residents is anticipated.
b) The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs.
No governmental inefficiencies, duplication of facilities, or unnecessary
public costs will occur as a result of the provision of public services to the proposed
development. All required utilities are presently available in the immediate site area.
All costs associated with the extension of utilities or the installation of public improve-
ments to serve the project which have been identified in this application will be borne by
the Applicant.
3. Improvements. Pursuant to Section 26.480.060.C., the proposed
development must provide the various subdivision improvements set forth in Chapter
26.580 of the Regulations. The required improvements, which are described in detail
in Section 26.580.020.A.l, are addressed below.
a) Permanent Survey Monuments
,
No subdivision of the project site is proposed. As the Improvement
Location Survey indicates, all property comers are presently identified with permanent
,
,
,
'"
survey monuments. The installation of additional survey monuments, therefore, is not
"
,
required.
..
'"
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27
;;
~
b) Paved Streets
The proposed development does not contain internal streets. Any existing
street pavement, however, which is adversely impacted as a result of the proposed
development will be repaired.
c) Curbs, Gutters and Sidewalks
No sidewalk, curb and gutter is required to accommodate the proposed
development.
d) Paved Alleys
The alley at the rear of the project site is presently paved.
e) Traffic Control Signs, Signals or Devices
No traffic control signs or signals are required as a result of the proposed
development.
f) Street lights
No street lights are required as a result of the proposed development.
g) Street Name Signs
Street names and associated signs are not required as a result of the
proposed development.
h) Street Trees or Landscaping
No additional street trees are required as the Hyman Avenue streetscape
was upgraded and landscaped in connection with the City's recent improvement of the
Hyman Avenue and Mill Street right-of-ways.
28
i) Water Lines and Fire Hydrants
Water service will be provided from the existing twelve inch main located
in Hyman Avenue. The service connection will be sized to accommodate the project's
combined domestic and fire flow requirements. The commercial area and the free
market and affordable housing units, however, will be individually metered for billing
purposes. As discussed in Schmueser Gordon Meyer's engineering letter, sufficient
water capacity is available to serve the proposed development without additional upgrades
to the City's treatment or delivery facilities.
j) Sanitary Sewer Lines
Sewer service will be provided from the existing eight inch sanitary sewer
located in the alley. The existing tap which serves the Mother Lode building will be
abandoned and a new service line to the sewer will be installed. As discussed in
Schmueser Gordon Meyer's engineering letter, the Aspen Consolidated Sanitation District
("ACSD") is expected to require, at a minimum, the installation of a liner in the existing
alley sewer between the project site and Monarch Street due to it's poor condition. In
the alternative, the ACSD may require the replacement of the existing sewer with a new
line which would connect to the existing sewer in South Mill Street. Sufficient collection
and treatment capacity is believed to be available from the ACSD to serve the project.
k) Storm Drainage Improvements and Storm Sewers
,
The proposed development's storm water drainage system will be designed
to maintain historic flow rates with respect to surface water runoff and groundwater
,
recharge. As presently envisioned, an on-site drywell(s) will be utilized to intercept and
,
detain runoff from building roofs and impervious areas, and to control the rate of
,
groundwater recharge. A detailed stormwater drainage plan will be submitted for review
"
"
,
"
29
"
:"..
"
and approval by the City's Engineering Department with the building permit application
for the project.
I) Bridges or Culverts
No bridges or culverts are required.
m) Electrical Lines
Electrical service is presently available in the alley and will be extended
as may be required to serve the proposed development.
n) Telephone Lines
Telephone service is presently available in the alley, and will be extended
as may be required to serve the proposed development. In the event required, the
existing telephone pedestal located within the alley at the rear of the Mother Lode
building will be relocated to the project's trash and utility service area.
0) Natural Gas Lines
Natural gas service is presently available in the alley, and will be extended
as may be required to serve the proposed development.
p) Cable Television Lines
Cable TV service is presently available in the alley, and will be extended
as may be required to serve the proposed development. In the event required, the
.
.
existing cable TV pedestal located within the alley at the rear of the Mother Lode
building will be relocated to the project's trash and utility service area.
.
,
..
.
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,
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4.
Affordable Housing. As discussed previously, the proposed
~
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development will contain two, I-bedroom affordable housing units which will comply
,
30
~
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.,
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with all applicable APCHA requirements. The units exceed the minimum mitigation
requirement imposed by the City residential GMQS regulations.
5.
School land Dedication.
According to the Community
Development Department, the proposed development must comply with the school land
dedication requirements of Chapter 26.630 of the Regulations. Pursuant to Section
26.630.030.B., an applicant may make a cash-in-lieu payment to the Aspen School
District to satisfy the school land dedication requirements. As provided for in Section
26.630.040.B., the Applicant will make the required payment in lieu of a land dedication
prior to the issuance of a building permit for the project.
C. Condominiumization
Condominiumization approval will be required to sell the proposed
development's two free market dwelling units. The two affordable housing units which
are required to mitigate one of the free market units (i.e., the I-bedroom unit) will also
have to be condominiumized to permit their conveyance to the project's condominium
association. Pursuant to Section 26.480.090.A. of the Regulations, a condominium plat
must be submitted to the Community Development Department for review and approval
as a subdivision. As a condominium plat cannot be prepared until construction is
.
substantially complete, this section of the Regulations arguably requires the submission,
review and approval of an additional subdivision application at such time as condominiu-
mization approval is requested.
,
,
,
All relevant subdivision review standards are addressed in Section IV.B.
,
,
"
of this application. Assuming that subdivision approval is granted by the City Council
for the proposed development, no significant benefit would appear to be gained by
"
,
"
.
"
requiring the Applicant to repeat the subdivision review process in order to condominiu-
~
"
.
31
,
"
mize the project. Consequently, the Applicant requests that further subdivision review
with respect to condominiumization be waived in connection with the approval of this
application. A condominium plat meeting the requirements of Section 26.480.090.B.,
however, will be submitted to the Community Development Department for review and
approval upon substantial completion of construction and prior to issuance of a Certificate
of Occupancy for the project.
The proposed development will be condominiumized in accordance with
the provisions of the Colorado Condominium Ownership Act and the Colorado Common
Interest Ownership Act as set forth in Articles 33 and 33.2, Title 38, of the Colorado
Revised Statutes, respectively. The project's condominium plat will depict the
commercial space, the free market residential units, the affordable housing units, and the
limited and common elements appurtenant thereto. A condominium declaration for the
project and the articles of incorporation and bylaws for the condominium association will
be prepared and recorded concurrently with the condominium plat.
D. Special Review
As discussed previously, the HPC has required that the proposed
development abut the streetfront, thereby eliminating any ability to meet the CC zone
district's 25 percent open space requirement. Pursuant to Section 26,575.030.B.2. of the
Regulations, the Planning and Zoning Commission may waive the open space
requirement if the Applicant's makes a payment-in-lieu thereof. While Section
26.575.030.B.1. provides various criteria to be considered by the Commission in
determining whether to approve a waiver, the criteria are arguably irrelevant given the
HPC's elimination of the project's open space and the Applicant's conceptual develop-
ment plan approval which is conditioned thereon.
The amount of the required payment is presently based on the appraised
value of the unimproved land. A code amendment, however, is currently being
considered by the City Council which would tie the amount of the payment to a specific
dollar amount per square foot of required open space. Assuming the code amendment
is approved, the Applicant will make a payment-in-lieu of the required open space based
on the new formula prior to issuance of a building permit for the project.
E. Vested Property Rights
In order to preserve the land use approvals which may be obtained as a
result of this application, the Applicant hereby requests vested property rights status
pursuant to the provisions of Section 26.308.010.A. of the Regulations. It is our
understanding that the receipt of all required development approvals from the City
Council and the issuance of a Development Order by the Community Development
Department is sufficient to confer a vested property right, and that no further actions on
behalf of the Applicant are required.
,
,
"
.
33
>
APPENDIX A
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-"
..
EXHIBIT
I
/
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
James Lindt, 920.51 02 DATE 8/23/04
Motherlode Restaurant, 314 E. Hyman
Sunny Vann
Certificate of Appropriateness for Major HP Development, Subdivision, GMQS
Exemptions, Special Review for AH Parking, Special Review to reduce Open Space, HPC
Parking Waiver
The prospective Applicant would like to expand the building on the Motherlode Restaurant
site by adding a basement for storage, maintaining the first floor as commercial space,
adding a second floor consisting of a free market residential dwelling unit and two
affordable housing units, and adding a third floor containing one free market residential
dwelling unit. As part of the proposal, the Applicant will propose to preserve the historic
portion of the existing structure. Subdivision is required because there are more than two
(2) residential units proposed in the building.
PLANNER:
PROJECT:
REPRESENTATIVE:
OWTYPEOF APPLICATION:
DESCRIPTION:
Staff would suggest that a Conceptual HPC Application be submitted and
reviewed by the HPC prior to submitting an application for the other land use
requests associated with this project. It is possible that HPC would prefer
scenarios that would either locate the AH units on another site to reduce the
bulk and/or would prefer a cash-in-lieu payment for some or all of the open
space to reinforce the street wall.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.415.070(D) Certificate of Appropriateness for Major HP Development
26.415.110(C) HP Parking Waiver
26.470.070(D)(2)(a) GMQS Exemption- Enlargements for additional dwelling and tourist
accommodation units: Addition of one unit
26.470.070(D)(2)(b) GMQS Exempt ion- Enlargements for additional dwelling and tourist
accommodation units: Addition of more than one unit
26.470.070(D)(3)(a) GMQS Exemption- Enlargement of Inventoried Property for use as a commercial
or Office Development: No increase in FAR or net leasable square footage
GMQS Exemptions- Standards for HP exemptions
GMQS Exemption for development of AH
Off-street Parking
Payment in lieu of open space
Commercial Core Zone District
26.470.070(D)(5)
26.470.070(J)
26.515
26.575.030(8)(2)
26.710.140
Review by:
-
.
Public Hearing:
Planning Fees:
Referral Fees:
-iJ'
Staff for complete application
Referral agencies for technical considerations
Community Development Director (final review of GMQS Exemptions for addition of one
residential unit and replacement of commercial space)
Historic Preservation Commission (final review of Conceptual HPC)
Planning and Zoning Commission (final review of GMQS exemption for addition of more than
one free market dwelling unit and special review to reduce open space or pay cash-in-lieu of
providing required open space and AH parking)
City Council (final review of Subdivision, GMQS Exemption for Affordable Housing)
Historic Preservation Commission (final review of Final HPC and Parking Waiver)
Yes at HPC (both Conceptual and Final) P & Z, Council 2nd Reading of Ordinance
$2620 Deposit for 12 hours of staff time (additional staff time required is billed at $220 per hour)
Engineering ($355), Environmental Health ($355), Housing ($355)
Total Deposit:
$3,685 (Applicant may pay deposit of just $1,310 for 6 hrs. ofstaff time to submit for
Significant Conceptual HPC application separately from the other requests).
Total Number of Application Copies:
Conceptual HPC: 12 Copies
Subdivision and associated reviews: 30 Copies
Final HPC: 12 Copies
To apply, submit the following information:
1. 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 on behalf of the
applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attomey licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Pre-application Conference Summary.
7. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
8. Proof of ownership.
9. Existing and proposed site plan, landscaping plan, and parking plan.
I O. Existing and proposed floor plans and elevation drawings that include proposed dimensional
requirements.
II. A site improvement survey that includes all existing natural and man-made site features.
12. 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.
13. A written description of proposed construction techniques to be used.
14. All other materials required pursuant to the specific submittal requirements.
15. List of adjacent property owners within 300' for public hearing. The GIS department can provide this
list on mailing labels for a small fee. 920.5453
16. 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.
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.
"
, "
EXHIBIT
J Z
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSI )
RECOMMENDING APPROVAL OF AN APPLICATION FOR MAJOR
DEVELOPMENT (CONCEPTUAL) AND A PARKING VARIANCE FOR THE
PROPERTY LOCATED AT 314 E. HYMAN AVENUE, LOTS NAND 0, BLOCK 81,
CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 31, SERIES OF 2004
PARCEL ID: 2737-073-38-007
WHEREAS, the applicant, Regent Properties, with authorization to apply from the current
property owners, represented by Poss Architecture and Planning has requested Major
Development (Conceptual) approval and a parking variance for the property located at 314 E.
Hyman Avenue, Lots Nand 0, Block 81, City and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.4l5.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC
may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, for approval of parking reductions, HPC must rev'iew the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.11 O.C of
the Municipal Code, that:
1. The parking reduction and waiver of payment-in-lieu fees may be approved upon a finding by
the HPC that it will enhance or mitigate an adverse impact on the historic significance or
architectural character of a designated historic property, an adjoining designated property or a
historic district; and
WHEREAS, Amy Guthrie, in her staff report dated November 17, 2004, performed an analysis
of the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines were not met, and recommended a continuance of the
project; and
WHEREAS, at a special meeting on November 17,2004, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
"City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote
of4toO.
NOW, THEREFORE, BE IT RESOLVED:
HPC grants approval for Major Development (Conceptual) for the drawings presented to HPC on
November 17'11,2004, with the following conditions:
I. An application for final review shall be submitted for review and approval by the
HPC within one year of November 17, 2004 or the conceptual approval shall be
considered null and void per Section 26.4l5.070.D.3.c.3 of the Municipal Code.
2. A landscape plan, lighting, fenestration and detailing, selection of new materials,
and technical issues surrounding the preservation of existing materials will all be
addressed at Final Review.
APPROVED BY THE COMMISSION at its regular meeting on the 17th day of November,
2004.
Approved as to Form:
0-4 ) 1r
David Hoefer, Assist nt City Attorney
Approved as to content:
HISTORIC PRESERVATION COMMISSION
Jeffrey Halferty, Chair
ATTEST:
~~t1_~J<-I;~
Kathy Strickland, Chief Deputy Clerk
APR. 27..2004 1 00 SAlvi
STEWAf--TITlE ASPEN
EXHIBIT
l,iND. 5958
I
~
II
Amencm Land Title Association Commitment - Modilled 3/78
II
II
I
l
1
l
I
I
Il
coMMITMENT FOR TITLE INSUR~""-CE
ISSUED BY
STEWART TITLE
GUARANTY COMP Ai~Y
Order Number:
42552
STEWARt TITLE GUARANTY COMPANY, a T~:<as Corporation, herein called the Company, for
valuable consideration, hereby commit" to issue its policy or policies of title insurance, as identified in
Schedule i\, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or intetest' cOllercd hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefore; all subject to th~ provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserU:d in Schedule A hereofby the Company, eithcr at the
time of the issuance of this Commitment or by subsequent endotsement. '
The Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate si-x months after the effective date hereof or
",hen the policy or policies conunitted for Shall issue, whichever first oceurs, provid~d that the failure to
issue such policy or polieies i" not the fault ofthe Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an
authorized Counrersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its cornorate name and seal to
be hereunto affixed by its duly authorized officcrs on tho dil!c shown in Schedule'A.
STEWART TITLE
GUARAt'lTY COMP A.J.'N
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Sl~tv:rrt Title: of Aspen, mc.
610 East Hopkin!: Avcn\1l:
Mpcn, co 81611
(970) 925-357;
Order Number: 42552
r'1g:e 1 0[2 Commitm::flT tpr'I'itJe InslIt':lnce Jns
APR.27.200410:08AM
STEWA(;'IITLE ASPEN
CUiYllVll.1UJ!,LU ~.~.. TITLE INSURANCE
SCHEDULE A
(-, NO 5058
I.",j .,.
P. 3/23
Order Number: 42552
Effective Date: April 22, 2004 at '1:30 a.m.
2. Policy or policies To Be Issued:
(:X) AL1A (1992) Owner's Policy
( ) Standatd (X) Extended
Amount:
prcmimn:
$3,750,000.00
$6,590.00
Proposed Insured: Regent Properties, Inc.
( ) AL TA 1992 Loan Policy
( ) Standard ( ) Extended
An1ount:
Premium:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the estate or interest irt .said laud is at the effective date hereof vested in:
Gordon L. Whitmer and Howard Ross, partners, a Colorado general partnership
5. The land refmed to in this Co:mmitment is described as follows.
Lots N aiJd 0, Block 81,
CITY AJ.'ID TOWNSITE OF ASPEN
cOUNTY OF PITKlN, STATE OF COLORADO.
Statement of Charges
Policy premiums shown above, and
any charges shown below are due and
payable before a policY can be issued.
Examiner Name: Chuck Dorn
Standard R3te
Ta.x Certificate
Form 11 0.1 (Owners)
$ 20.00
$ 150.00
APR n 200d 10:09AM
STEWARlCjTlE ASPEN
SCHEDULE B - Section 1
(-. NO, 5958 P d/23
REQUlREMENTS
Order NUJI1ber: 42552
" 'The (ollowing are the requirements to be complied with:
Item (8) puyment to or for the account of the grantors or mortgagors of the full
consideration for the estate or Interest to be UJ,sured.
Itero (b) Proper instrument(s) creating the estate or interest to be insured roust be executed
and duly filed for record, to wit:
1. Release of Deed of Trust
Dated: August 11, 1997,
ElCecuted by: Gordon L. Whitmer nnd Howard Ross,
to the Public Trustee of Pitkin County. to secure an indebtedness
in the am.Olmt of: $462,100.00,
in favor of: Alpine Bank-Aspen Branch,
Recorded: August 1 1, 1997
as Reception No.: 407202.
NOTE: Assignment of Leases and Rents recorded August 11, 1997 as Reception No.:
407203, given in connection with the above Deed of Trust.
2. Evidence of conlpliance \\lith the terms of the provision of the Lease Agreement pursuant to
Paragraph No. 20, relating to the first right of refusal.
3. Good and Sufficient Release of Security Agreement evidenced by Memorandum of Security
Agreement recorded August 11,1997 as Recep\ion No. 407207.
4, Tennination Statement for Financing Statement, from Howard Ross, Debtor(s), to Gordon 1-
W1utmeT, Secured Party, filed August 20,1997 as Reception No. 407511, giving notice of a
security interest pursuant to the Uniform Commercial Code.
5. Release of Assignment of Leases and Rents dated August 25, 1997 and recorded February 12,
1998 as Reception No. 413549.
6. Release of Assignment of Leases and Rents dated August 25, 1997 and recorded February 20,
1998 as Reception No. 413790.
7. Release of Assignment of Leases and Rents dated Apri121, 1998 and recorded December14,
1998 as Receprion No. 425460.
APR. 27, 200d 10; 09AM STEWAR("mE ASPEN
, , n\ NO. 5958 p, 5/23
8. Termination Statement for Financing Statement, from Ross-Ross, Ltd., DeblO~(s), to Alpine
Bank, Secured party, filed April 15, 2002 as Reception No, 466220, giving notice of a
security interest pursuant to the Uniform Commercial Code.
9. Trade Name Affidavit of Gordon L. Whitmer and Howard Ross, partners, a Colorado general
partnership, disclosing the ]UlIlles and addresses of all of the parties thereto, cvideDcing the
e;Ostence of sald Company prior to its acquisition of subject property.
10, Certificate from the Secreta!)' of State or other appropriate officer of its State of
Incorporation showing that Regent Property, Inc. is a duly organized and e;Ostin~ corporation
under the lawS of said State.
11. Deed from vested owner, vesting fee simple title in purchaser(s).
12. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the
Director of Finance, City of Aspen, that the following taxes have been paid, or that
conveyance is exempt from said taxes:
(1) The "WbeeJer Real Estate Transfer Ta..x" pursuant to Ordinance No. 20 (Series of 1979)
and (2) Thc "Housing Real Estate Transfer Ta..-..;" pursuant to Ordinance No. 13 (Series of
1990).
13. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the sener and buyer
and approved by Stewart title of Aspen, Inc.
14. Improvement Survey of the subject property, completed in the last si., months approved by
Stewart Title of Aspen, Inc., this survey is to be retained in the files of Stewart Title of
Aspen, Inc. and SteWart Title of Aspen, Inc, reserves the right to add further requirements
andlor exceptions to this commitment upon receipt of said survey,
AP R. 27. 2004 10 09AM
Si:WARr-~!TlE ASJEN
SCHEDULE B - Section 2
(- NO. 5958 P. 6/23
EXCEPTIONS
Order Number: 42552
The policy or policies to be issued will contain exceptions to the following unless the same
are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Basements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts
which a correct survey and inspection of the premises would disclose and which are not
shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective d'ate hereof, but prior to the date
the proposed insured acquires of record for value the estate or interest or mortgage thereon
coycrod by this commionent.
6. Unpatented mining claiJUs; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title" to water.
7. Any and ail unpaid taxes and assessments and any unredeemed ta:x sales.
The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
8. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for
thc City and Townsite of Aspen recorded March I, 1897 in Book 139 aT Page 216 as
Reception No. 60156.
9. Lease between Gordon 1. \Vhitrner and Howard Ross, partners, Lessors and VVlritmer-Ross,
Ltd., a Colorado corpor~tion, d/b/a The Mother Lode Restaurant Lessee, as shown by
Memorandum of Lease recorded December 12, 1984 in Book 478 at Page 54 as Reception
No. 264618, and any and ail assignment thereof.
10. Terms, conditions, obligations and provisions of Notice of Historic Designation as set forth
in instrument recorded JanUJr)' 13. 1975 in Book 295 at Palre 515 as Receotion No.1 72532.
. -'
NOTE: Colorado Division of Insurmce Regulations 3-5-1. Paragraph C of Article VII
APR 27. 2004 10:09AM STEWARQ';TLE ASPEN '
. . . .' ,. .' . G) NO. 5958 P. 7/23
reqUITCS that 'Every ntlc entIty shall be responsIble for all matters which. appear 01 recorll
prior to the time of recording whenever the title entity conducts the closing and is responsible
for recording or filing of legal documents resulting from the transaction which was closed."
Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and
is responsible for recording the legal documents from the transaction, exception number 5
will not appear on the Owner's Title Policy and the Lender's Policy when issued.
NOTE: policies issued hereunder will be subject to the terms, conditions, and exclusions set
forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth
said terms, conditions and exclusions, will be made available upon request.
September 15, 2004
Amy Guthrie
James Lindt
City of Aspen
130 South Aspen
Aspen, CO, 81611
Re: 314 East Hyman; Mother Lode Restaurant
Dear Amy,
EXHIBIT
I ~
We are the owners of record of the above referenced property. Please consider this letter
as an authorization for Regent Properties to submit applications for HPC review as well
as all other land use approvals related to the redevelopment of the property.
Sincerel y,
Go.r don L. Whitme~r.
'\ ( 1 \
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Jan 19 05 12:2Sp
Vann Associates,LLC
1970J 920-9310
p.2
EXHIBIT
I ?
January 17, 2005
Mr. James Lindt, Planner
Community Development Deparunent
130 South Galena Street
Aspen. Colorado 81611
Re: Permission to Represent
Dear Mr. Lindt:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants to represent Regent Properties, Inc. in the processing of our
application for the redevelopment the Mother Lode restaurant property. Mr. Vann is
hereby authorized to act on our behalf with respect to all matters reasonably pertaining to
the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Yours truly,
REGENT PROPERTIES, INC.
/J"
~~--
Doug as S. Brown
c:\oldc\bus\city.ltr\Itr46204.jll
EXHIBIT
I c:;
LAND USE APPLICATION
APPLICANT:
Location:
~~77B?/~.
~~...v /f.c>)(/3LYTY on., ~6'FGY'" #,IU::.'S, ~ 96ZP
(Indicate street address, lot & block number, Ie al descri tion where'a ro riate)
2737 67'::3;s. ~7
Name:
REpRESENTATIVE:
Name:
Address:
Phone #:
V--1-</N~"" ~ c.L.C
Z:3C>t1!3_~~~~-.~ a:::'>8/C.//
g5~C.7S8 '
PROJECT:
Name: ~6-'i ~ /'i~-C:~r.jf""7-/EH7'"
Address: ~7?N1:0,~.8/, ~.~
Phone#: ~/~e_ M-7~ .c[
TYPE OF APPLICATION: (please check all that apply):
D ~onditional Use
G1 Special Review
D Design Review Appeal
D )JMQS Allotment
~ GMQS Exemption
D ESA - 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
D Lot Split
D Lot Line Ad'ustment
o
D
D Conceptual SPA
D yIDal SPA (& SPA Amendment)
~ Subdivision
D Subdivision Exemption (includes
condominiumization)
Conceptual PUD
Final PUD (& PUD Amendment)
D Conceptual Historic Devt.
D Final Historic Development
o Minor Historic Devt.
D Historic Demolition
D Historic Designation
o Small Lodge Conversion!
Expansion
D Temporary Use
D Text/Ma Amendment
o Other:
EXISTING CONDITIONS: (descri tion of existin
~.c-~ -1'~/~
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
I /...c:D ....,rru'qT/~
!!!t~you attached the following?
~Jre-Application Conference Summary
Ud' ;\ttachment #1, Signed Fee Agreement
~esponse to Attachment #3, Dimensional Requirements Form
~sponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
FEES DUE: $ ~ 7:Jb' -
EXHIBIT
I 7
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: ~ ~ ~,e./~~-I~
Applicant: ~er~s /~.
Location: '3"': 6.. '/--/--r/-/ ~L.G. '
Zone District: CC
Lot Size: C:;;,o-::J/
Lot Area: d,CJ7/
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
'E!:;~Proposed:
. Proposed:
Proposed:
::s'~~
c:;;
Proposed % of demolition (Historic properties only): 7"5 %
DIMENSIONS: C~ -1~q7/c.L/)
Floor Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined FIR: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Distance Between Existing Required: Proposed:_
Buildings
Existing non-conformities or encroachments: ~~~ L3X'/S77~ ~.
~~ /~t6 J'f'~~
Variations requested: ~ ~--1':::6.
Jan 19 05 12:2Sp
Vann AssociatesyLLC
[970J 920-9310
p.3
EXHIBIT
I .,8
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN'
Al!reement fur Payment ofCilv of Asoen DeveloDment Annlication Fees
CITY OF ASPEN (hereinafter CITY) and ~ ~6"'S, /Ah.
.
(hereinafter APPLICANT) AGREE AS FOLLOWS:
.J.. bmitted to CITY an a1T~iC!'.!!.nn ~or
6v l' ~r;r/t!')'.~
~....,c..~~
(hereinafter. THE PROJECT),
~/~
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee sbllcture for Land Use applications and the payment of all processing fees is a
condition precedent to a determination ofapplicarion completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extenL uf 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 incurred. CITY
agrees it will be benefited through the greater certainty of recovering its full costs to process
APPLICANT'S application.
4, CITY and APPLICA NT further agree that it is impracticable for CITY staff to complele
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 fmdings 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 foil fees prior to a determination of applicatigp completeness, APPLICANT shall pay an initial
deposit in the amount of'fZ.t:; ~ -which is for ~~ hoors of Community Development staff
time, and if actual record;d costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments
shall be made within 30 days of the billing date, APPLICANT further agrees thaI failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued
until all costs associated with case processing have been paid.
CITY OF ASPEN
By:
Chris Bendon
Community Development Director
APPLlCAt'T
e!$..
By: /j:: V..
.~
Date;
Billing Address and Telephone Number:
R""uired ~
6Q~ /AT. ~
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.15 S MONARCH SUITE 104
"-SPEN. CO 81611
ALEXANDER JUDY
2121 NW FRONTAGE RD ;;254
VF,iL, CO 81657
SF.LDWiN HARLEY
2C5 S GALENA ST
"-SPEN, CO 81611
8ENTLEYS AT THE WHEELER
'0 BOX 10370
ASPEN, CO 81612
BUSH ALAN DAVID
J046 HEATHER LN
ASPEN. CO 81611-3342
C:~ICAGO SNOWFLAKE CORPORATION
2:", E HYMAN AVE
ASPEN. CO 81611
CCMCOWICH WILLIAM L
T?USTEE OF ROBERT BARNARD TRUST
? J 80X 137"
ASPEN, CO 81612
DAVIS HORN INCORPORATED
.215 S MONARCH ;;104
ASPEN, CO 81611
ELLIS DIANA ROQUE
12'.0 E HYMAN AVE #7
,ASPEN. CO 81611
,
F'JOTLOOSE MOCCASIN MAKERS INC
, :40 S MILL ST STE 201
, ASPEN. CO 81611
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www.avery.com
1-800-GO-AVERY
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316 EAST HOPKINS LP
RYANCOINC
8725 E BOISE ST
MESA. AZ 85207-7735
ASPEN ARCADE L TO LLLP
4020 PALOS VERDE DR N STE 206
ROLLING HILLS ESTATES, CA 90274-
2525
BANK OF ASPEN
C/O EPROPERTY TAX-DEPT 303
PO BOX 4900
SCOTTSDALE. AZ 85261-4900
BIRKWOOD ASSOCiATES
ATTN TERRE / 205 SOUTH MILL STREET
STE 301 A
ASPEN, CO 81611
CALHOON THOMAS C
315 LAVACA ST
AUSTIN. TX 78701
CITY OF ASPEN
130 S GALENA ST
ASPEN. CO 81611
CRYSTAL PALA,CE CORPORATION
PO BOX 32
ASPEN, CO 81612
DENSON JAMES D
2484 MERGANSER DR
GRAND JUNCTION. CO 81505
ELLIS DIANA ROQUE TRUSTEE
13320 MULHOLLAND DR
BEVERLY HILLS, CA 90210
FORGE PARTNERSHIP
PO BOX 2914
BASALT. CO 81621
EXHIBIT
I
7'
407 E."-ST HYMAN PROPERTY L TD
34425 HWY 82
ASPEN, CO 81611
B & K A,SSOCIATES
A COLORADO GENERAL PARTNERSHIP
308 S MILL ST
ASPEN, CO 81611
BARNETT-FRYWALD HOLDINGS INC
C/O BECKER BUSINESS SERVICES
630 E HYMAN AVE
ASPEN. CO 81611
BRINING ROBERT
215 S MONARCH ST STE 203
ASPEN, CO 81611
CHAHLlES COW COMPANY LLC
315 E HYMAN AVE
ASPEN, CO 81611
CL"-RK FAMILY TRUST
PO BOX 362
ASPEN, CO 81612
DAVIDSON DONALD W
864 CEMETERY LN
ASPEN, CO 81611
DOLE MARGARET M
C/O FIRST NATIONAL BANK OF
CEDARIDGE
PO BOX 8455
ASPEN. CO 81612
FEDER HAROLD L & ZETTA F
985 CASCADE AVE
BOULDER. CO 80302-7550
FREDRICK LARRY D
215 S MONARCH STE G101
ASPEN. CO 81611
Jam Free Printing
Use Avery@ TEMPLATE 5160@
"OLDSTEIN PETER & ALAN
50 METRO PK #2
ROCHESTER. NY 14623
GRAND FINALE L TO
'0 BOX 32
ASPEN. CO 81612
rlABATAT GALLERIES ASPEN INC
'0 BOX G
ASPEN. CO 81612
HILLIS OF SNOW MASS INC
170 E GORE CRK
VAIL. CO 81657
ISIS LLC
"0 BOX 1548
ASPEN, CO 81612
KANDYCOM INC
766 SINGING WOOD DR
ARCADIA, CA 91006
K!::LL Y PROPERTIES INC
PO BOX 8429
ASPEN. CO 81612
LA COCINA INC
PO BOX 401 0
ASPEN. CO 81612
. MEEKER RICHARD J AND ALLISON D
;0752 MEADOWOOD DR
ASPEN, CO 81611
; MORRONGIELLO CHARLES T
. MORRONGIELLO LYDIA A
'18 SCHOOL LN
LLOYD HARBOR, NY 11743
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1-S00-GO-AVERY
GOODING RICHARD L
4800 S HOLLY ST
ENGLEWOOD. CO 80111
GRAND SLAM HOLDINGS LLC
C/O CARL B L1NNECKE CPA PC
215 S MONARCH ST - STE# 101
ASPEN. CO 81611
HALL CHARLES L 49%
230 S MILL ST
ASPEN. CO 81611
HYMAN MALL COMMERCIAL CONDOS
LLC
290 HEATHER LN
ASPEN. CO 81611
JMS LLC
210 E HYMAN AVE STE 202
ASPEN, CO 81611-2909
KANTZER TAYLOR MICHAEL FAMILY
TRUST #1
6501 VISTA DEL MAR
PLAYA DEL REY, CA 90293
KIERNAN ROBIN
215 S MONARCH ST #105
ASPEN. CO 81611
L1MELlTE INC
PAAS LEROY G
228 E COOPER AVE
ASPEN. CO 81611
MILL STREET PLAZA ASSOCIATES LLC
C/O M & W PROPERTIES
205 S MILL ST STE 301A
ASPEN, CO 81611
MSJ PROPERTIES LLC 50%
302 E HOPKINS
ASPEN. CO 81611
A1l3^V-09-008-~
wOJ"JUa^e"MMM
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~ AVERY@ 5160@
GORDON DAVID F & LETICIA LLC
3663 GRAND AVE #904
DES MOINES. IA 50312
GRIFFITH LARRY R
13322 TIERRA OAKS DR
REDDING. CA 96003
HART GEORGE DAVID & SARAH G
PO BOX 5491
SNOWMASS VILLAGE. CO 81615
IFTNFS LLC
210 E HYMAN AVE STE 202
ASPEN. CO 81611-2909
JOHNSON PETER C & SANDRA K
215 S MONARCH ST STE G103
ASPEN. CO 81611
KAUFMAN GIDEON I
315 E HYMAN AVE STE 305
ASPEN. CO 81611
KREVOY BRADLEY R
1401 OCEAN AVE #301
SANTA MONICA. CA 90401
LINDNER FRITZ & ERIKA
66966 TEN PEAKS CT
BEND. OR 97701-9277
MILLER AMI B
PO BOX 2385
ASPEN, CO 81612
MTN ENTERPRISES 80B
C/O HILLIS OF SNOWMASS
170 GARE CRK DR
VAIL, CO 81657
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6U11UIJ..I 9i!U.I wl!r
Jam Free Printing
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-
www.avery.com
1-800-GO-AVERY
-
OBRIEN MAUREEN
215 S MONARCH ST G102
ASPEN. CO 81611
ORR ROBERT L
500 PATTERSON RD
GRAND JUNCTION. CO 81506
PARK CENTRAL CONDO ASSOC
215 S MONARCH ST STE 203
ASPEN, CO 81611
PETERSON BROOKE A 50%
302 E HOPKINS AVE
ASPEN, CO 81611
RACZAK JOSEPH S & JANET L
215 S MONARCH ST STE 106
ASPEN. CO 81611
ROBERTS JANET A
215 S MONARCH STE G101
ASPEN. CO 81611
SSM LAND AQUISITION CO LLC
2121 KIRBY DR #99
HOUSTON. TX 77019
THE ISIS BUILDING LLC
205 S MILL ST # 301A
ASPEN. CO 81611
VAIL FINE ART GALLERY INC
141 E MEADOW DR#C135
VAIL. CO 81657
WENDELlN ASSOC
A NEW YORK GENERAL PARTNERSHIP
150 METRO PARK
ROCHESTER, NY 14623
WHITMAN WENDALlN
210 E HYMAN AVE #101
ASPEN. CO 81611
WHITMAN WENDALlN
PO BOX 4290
ASPEN. CO 816112
YOUNG BARBARA A
PO BOX 3010
WINTER PARK. CO 80482-3010
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A1I3^"-09-00B-L
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PARAMOUNT INVESTMENTS INC
C/O WILLIAM POPE
540 W SMUGGLER
ASPEN, CO 81611
PROSPECTOR FRACTIONAL OWNERS
ASSOC
301 E HYMAN AVE #108
ASPEN, CO 81611
SEGUIN WILLIAM L
PO BOX 4274
ASPEN, CO 81612
TRUE NINA W
215 S MONARCH ST # 102
ASPEN. CO 81611
WHEELER SQUARE - CASPER FAMILY
LLC
315 E HYMAN
ASPEN, CO 81611
WILLIAMS DEXTER M 51%
230 S MILL ST
ASPEN. CO 81611
(j)09LS 31\f1d!l31 (j)l.JaNtrt asn
APPENDIX B
EXHIBIT
C SCHMUESER
V ENGINEERS
GORDON MEYER
GLENWOOC SPRINGS
I 18 w. 6TH, SUITE 200
GLENWOOD SPRINGS, CO 8 I 60 I
970-945- I 004
FX: 970-945-5948
i
ii
a
/
& SURVEYORS
970-925-6727
FX; 970-925'4157
January 25, 2005
Mr. Sunny Vann
VANN ASSOCIATES LLC
230 East Hopkins Avenue
Aspen, CO
81611
RE: Mother lode Propertv. Enaineerina Report
Dear Sunny:
I am writing in follow-up to our discussions regarding the proposed re-development of
the Mother Lode restaurant property at 314 East Hyman Avenue in Aspen. This letter
report is to provide general comment regarding infrastructure availability to expand the
building on the site.
Introduction
The Mother Lode Restaurant is an existing commercial building located on Lots Nand 0
of Block 81 in the Commercial Core (CC Zone) of the Original City and Townsite of
Aspen, Colorado. The existing building comprises about 6,031 square feet, which
includes about 3,800 square feet of net leasable area. The property owners are
applying for Growth Management Quota System (GMQS) Exemptions, Subdivision,
Condominiumization and Special Review in order to redevelop the property and add
upper floors with both free market and affordable housing residential space. This letter
report is intended to address the basic infrastructure availability to construct the project
on the property.
Water Supplv
While I have not yet been able to establish contact with City of Aspen Utility Director Phil
Overeynder regarding the project, water supply is available from an existing 12-inch cast
iron water main in Hyman Avenue adjacent to the parcel. I would anticipate that the
existing service is probably quite old and, undoubtedly, undersized to meet the fire flow
requirements of a new commercial and multi-family structure on the site. I would
anticipate that the existing service will need to be abandoned at the main and a new,
larger service installed from the main into the building to provide adequate flow for the
fire and domestic service requirements of the proposed building. I would also surmise
that the existing Mother Lode is probably old enough that it did not pay significant, if any,
tap fees for the existing service and that tap and connection fees will be required for the
6
January 25, 2005
Mr. Sunny Vann
The Mother Lode Project
Page 2
entire program of the proposed structure. System treatment and delivery capacity
should be available for the proposed re-development project.
From a fire protection standpoint, there are existing fire hydrants at both comers of the
south side of Block 81. Hydrant 781 is located at the southwest corner of the block,
approximately 92 feet from the Mother Lode site. Hydrant 782 is located at the
southeast corner of the block, approximately 120 feet from the Mother Lode site. No
additional fire hydrants or main extensions will be required to serve the Mother Lode
property re-development proposal.
Sewer
The Mother lode property has sewer service to an existing 8-inch diameter sewer main
in the alley of Block 81. Aspen Consolidated Sanitation District Collection System
Superintendent Tom Bracewell indicates that the collection main is an old Vitrified Clay
Pipe (VCP) sewer main in poor condition. Their main will require at least lining and,
possibly, replacement as a result of the additional flows associated with the Mother Lode
re-development project. Potential costs include an estimated $8,000 to install a liner in
the existing main a distance of about 90 feet to the manhole at the west end of the alley.
The worst case scenario would be a full replacement of the collection main. This option
involves a new PVC line running east (instead of west) a distance of 165 feet to the main
in South Mill Street. This option and direction is preferred for replacement since Tom
believes the main in Mill Street is lower and would accommodate a steeper grade on the
alley line. Full replacement is estimated at $ 50,000.
In either case, we anticipate that the re-development of the Mother lode property will
require a new, probably larger, service extension to the alley and replacement of the
grease trap system if the restaurant is to remain in the building. Again, I would expect
that the re-development of the Mother Lode building will require full tap fees to the
ACSD. Tom gave no indication of collection or treatment system limitations other than
the line in the immediate alley.
Electric
Once again, I have not yet been able to establish contact with City of Aspen Utility
Director Phil Overeynder regarding the project. The Mother Lode site is located in the
City of Aspen Electric service area in downtown Aspen. There is an existing transformer
on the adjacent property (Lot M) to the west off of the alley that appears to be providing
service to the Mother Lode building at this time. While I can't tell if there is significant
capacity available on the existing transformer, I would note that, typically, residential
units do not represent substantial electrical loads. One exception for this project might
be the installation of 3-phase power for elevators or other mechanical equipment in the
6
January 25, 2005
Mr. Sunny Vann
The Mother Lode Project
Page 3
expanded building. Assuming that the existing transformer is on an easement on the
adjacent property, the most significant improvement by the Mother lode re-development
may be the replacement of the existing transformer for additional capacity or to upgrade
for 3-phase power.
Phone. Gas and Cable TV
Phone, gas and cable television are all available from the north side of the site based on
the presence of gas meters and phone and cable pedestals along the alley. There is a
phone and a cable TV pedestal immediately behind the existing building on the alley that
would need to be relocated to an accessible and protected location along the north
building frontage. The preferred location would probably be the northwest comer near
the existing electric transformer in the project's proposed trash and utility service area.
Access and Parkina
Vehicular access to the Mother Lode building will be off of the alley of Block 81. The
project proposes 4 off-street parking spaces, 3 for the two freemarket units and 1 for the
two affordable housing units. The Historic Preservation Commission (HPC) in their
approval of the re-development project waived any requirement for further parking on the
site.
Drainaae
It is apparent that there are no existing drainage structures for the existing building.
Drainage currently sheet flows off the roof and patio areas to the alley and the Hyman
Avenue curb and gutter. To the extent the proposed redevelopment plan results in some
limited additional runoff from the site, the applicants would propose to install a drywell
under the parking area off the alley to accommodate detention and recharge. The
feasibility of a drywell on the site is tied to site-specific soil conditions and the
relationship of potential drywelllocations to the structure.
I hope these comments will be adequate for the Mother Lode Restaurant property
GMQS Exemption, Subdivision, Condominiumization and Special Review application.
Call me if you have any further questions.
6
January 25, 2005
Mr. Sunny Vann
The Mother Lode Project
Page 4
Very Truly Yours,
SCHMUESER GORDON MEYER, INC.
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Jay W. Hammond, P.E.
Principal, Aspen Office
JHljh MOTHER_LODE_SV1
APPENDIX C
EXHIBIT
I /
VANN ASSOCIATES, LLC
Planning Consultants
August 5, 2004
~
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HAND DELIVERED
Mr. Chris Bendon
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Mother Lode Restaurant Property Code Interpretations
Dear Chris:
Please consider this letter a formal request for an interpretation of various provisions
of the Aspen Land Use Regulations (the "Regulationsn) as they pertain to the
potential redevelopment of the Mother Lode Restaurant property. The request is
submitted pursuant to Section 26.306.010 of the Regulations by Regent Properties,
Inc. who is presently under contract to purchase the property.
Project Site
The Mother Lode Restaurant property is legally described as Lots Nand 0, Block 81,
City and Townsite of Aspen. The property contains approximately six thousand
square feet of land area and is zoned CC, Commercial Core. The property is located
within the City's Historic Overlay District and the existing structure located thereon is
listed on the Aspen Inventory of Historic Landmark Sites and Structures. The
existing structure is occupied by the Mother Lode Restaurant which is believed to
contain approximately thirty-nine hundred square feet of gross building area.
Proposed Development
The purchaser proposes to preserve the historic portion of the existing structure and to
incorporate it in an expanded mixed use commercial/residential building. As present-
ly envisioned, the project will be developed under existing zoning. No variations in
the dimensional-requirements of the underlying zone district (e.g., height, floor area,
etc.) are proposed pursuant to the City's PUD regulations. It is understood, however,
that various amendments to the dimensional requirements of the CC zone district are
presently being considered by the City Council which may affect the final design of
the project. A work session has been scheduled with the Historic Preservation
230 East Hopkins Ave, . Aspen. Colorado 81611 . 970/925-6958 . Fax 970/920-9310
Mr. Chris Bendon
August 5, 2004
Page 2
Commission on August 11 to review the building's preliminary architectural design.
An application requesting the required land use approvals will be submitted following
the receipt of~onceptual development plan approval from the HPC.
- -
Code Interpretations
The proposed development will require the receipt of several exemptions from the
City's growth management quota system ("GMQS") regulations. As the relevant
regulatory language is arguably subject to interpretation, confirmation of my under-
standing of the applicable exemption provisions is requested prior to preparation of
the required land use application. The GMQS exemptions in question are summarized
below.
1. Section 26.470.070.D.3.a.
Pursuant to this section of the Regulations, it is my understanding that existing
commercial net leasable square footage located within an individually designated
historic structure may be demolished and reconstructed exempt from growth manage-
ment and affordable housing mitigation. In addition, this section permits the floor
area of the replacement structure to exceed that of the demolished structure provided
that there is no increase in commercial net leasable square footage and the replace-
ment structure otherwise complies with the dimensional requirements of the underly-
ing zone district.
2. Section 26.470.070.D.2.a.
It is my understanding that this section would permit the replacement structure
described above to contain one free market residential dwelling unit which is also
exempt from growth management and affordable housing mitigation.
3. Section 26.470.070.D.2.b.
This section of the Regulations would permit the replacement structure to
contain additional free market dwelling units provided that the mitigation requirements
of Section 26.470.070.D.5. are met for the additional units. For a replacement
structure that maximizes the underlying zone district's allowable floor area, Section
26.470.070.nS(a) requires that affordable housing be provided commensurate with
that which would be required if the additional free market units were competing for a
GMQS allocation.
It is my understanding that the relevant mitigation requirement is contained in
Part VII, Section 3 of the Aspen/Pitkin County Affordable Housing Guidelines
Mr. Chris Bendon
August 5, 2004
Page 3
which requires that sixty percent of the bedrooms in any residential subdivision be
restricted to affordable housing guidelines. As one or more dwelling units located in
an office, retail or service commercial building is considered a multi-family g.~elling,
and such dwellings are subject to subdivision review, this mitigation requirement is
assumed to apply. Pursuant to Section 26.470.070.D.5.(a)(3), the affordable housing
units may be deed restricted to APCHA's Category 3 income and occupancy guide-
lines.
Similarly, Section 26.470.070.D.5.(b) requires that off-street parking be
provided for the additional free market units pursuant to applicable regulatory
requirements unless the Historic Preservation Commission ("HPC") determines that it
cannot reasonably be located on-site in which case the parking requirement (including
any cash-in-lieu thereof) shall be waived.
As we have discussed, there is no prohibition in the Regulations against the aggrega-
tion of the above GMQS exemptions. In other words, the purchaser of the Mother
Lode Restaurant property may combine these exemptions to facilitate the development
of a replacement structure thereon. Obviously, any such structure is subject to all
other relevant provisions of the Regulations including the requirement for HPC review
and approval of the replacement structure's architectural design.
I would appreciate it if you would confirm my understanding of the above GMQS
exemption provisions as provided for in Section 26.306.010.C. of the Regulations.
Should you have any questions, or if I have misrepresented the applicable regulatory
requirements in any way, please do not hesitate to call.
Yours truly,
>
cc: Doug Brown, Regent Properties, Inc.
c: \oldc\buslcity .ltrlltr46204 .cb 1
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13388
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen. Colorado SI611
(970) 920-5090
City of Aspen
Land Use:
131041 Deposit
131042 Flat Fee
131043 HPC
131046 Zoning and Sign
Referral Fees:
151163 City Engineer
251205 Environmental Health
237001 Housing
Building Fees:
21 107t Board of Appeals
211072 Building Permit
. 211073 Electrical Permit
211074 Energy Code Review
211075 Mechanical Permit
211076 Pian Check
211077 Plumbing Permit
211078 Reinspection
211079 Aspen Fire
Other Fees:
111006 Copy
111165 Remp Fee
601303 GIS Fee
231480 Housing Cash in Lieu
111165 Open Space Cash In Lieu
Park Dedication
Parking Cash in Lieu
School District Land Ded.
Code Sales (Joint)
Contractor Licensing (Joint)
TOTAL
NAME: I
ADDRESS/PHOJECT: /i
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PHONE: fl.'
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CASE/PERMIT#;L.~cr.>-.//SL'1f..-OF COPIES:
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DATE: i INITIAL:
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