HomeMy WebLinkAboutLand Use Case.870 Meadows Dr.0051.2006.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0051.2006.ASLU
PARCEL ID NUMBER 2735-12-1-29-008
PROJECT ADDRESS 870 MEADOWS RD
PLANNER JESSICA GARROW
CASE DESCRIPTION NON-COMPLIANCE PETITION & MINOR SPA VARIANCE REQUE
REPRESENTATIVE JIM CURTIS 920-1395
DATE OF FINAL ACTION 12/12/2006 12
CLOSED BY Denise Driscoll
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CURTIS
<&> ASSOCIATES
MEMORANDUM
TO:
Jessica Garrow, Planner
Aspen Community Deve. Office
FROM:
Jim Curtis
Owner's Representative, Aspen Institute
DATE:
October 13,2006
RE:
Doerr-Hosier Center Parapet Wall Height
Withdraw of Minor SPA Variance Application, Dated 8/28/06
Please withdraw the above referenced application. Based on the Historic
Preservation Commission (HPC) comments at their meeting of October 11, 2006,
the Aspen Institute will lower the parapet wall by 2' -6" to be in compliance with the
SPA drawings recorded April 18,2005. We will strive to lower the parapet wall
within the next two weeks. Once the wall is lowered, I will notify you for an
inspection. As discussed at the HPC meeting, ifIowering the parapet wall results in
sound/noise problems, the Aspen Institute will want to revisit this issue.
Please email or call on any questions.
cc: Amy Guthrie
300 East Hyman Avenue. Second Floor . Aspen, Colorado 81611. ph, (970) 920-1395. fax, (970) 925-5046
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CURTIS
<&> ASSOCIATES
MEMORANDUM
TO:
Jessica Garrow, Planner
Aspen Community Deve. Office
FROM:
Jim Curtis
Owner's Representative, Aspen Institute
DATE:
October 13, 2006
RE:
Doerr-Hosier Center Parapet Wall Height
Withdraw of Minor SPA Variance Application, Dated 8/28/06
Please withdraw the above referenced application. Based on the Historic
Preservation Commission (HPC) comments at their meeting of October 11, 2006,
the Aspen Institute will lower the parapet wall by 2' -6" to be in compliance with the
SPA drawings recorded April 18, 2005. We will strive to lower the parapet wall
within the next two weeks. Once the wall is lowered, I will notify you for an
inspection. As discussed at the HPC meeting, if lowering the parapet wall results in
sound/noise problems, the Aspen Institute will want to revisit this issue.
Please email or call on any questions.
cc: Amy Guthrie
300 East Hyman Avenue' Second Flour . Aspen, Colorado 81611 . ph, (970) 920-11Y5. fax, (970) 925-5040
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Page 1 of 1
Jessica Garrow
From:
Sent:
To:
Jim Curtis ucurtis@sopris.net]
Friday, October 13, 2006 9:30 AM
Jessica Garrow
Subject: Fwd: Doerr-Hosier Center--Parapet Wall
Begin forwarded message:
From: Jim Curtis <jcurtis@sopris.net>
Date: October 13,20065:44:17 AM MDT
To: Amy Guthrie <amyg@ci.aspen.co.us>, Jessica Garrow <jessica@ci.aspen.co.us>
Cc: Amy Margerum <amy.margerum@aspeninst.org>,Billy Sallee
<billys@shawconstruction.net>, Jeff Berkus <jeff@berkusdesign.com>
Subject: Doerr-Hosier Center--Parapet Wall
The Institute, Jeff Berkus & I discussed this yesterday. Based on the HPC recommendation,
we have decided simply to lower the parapet wall the 2'-6". We do not feel this is a big
enough issue to put City Council in a potentially awkward situation debating between the
Institute & HPC. Therefore, I respectfully withdraw the application & there is no need to go
to City Council. As discussed at HPC, if we feel there is a sound/noise problem resulting
from the lower parapet wall we will evaluate potential solutions at that time.
While I personally feel this may not be the best long-term solution, 1 do respect HPC
comments. However, I feel those comments may be premature based on viewing the
building & its relationship to the Health Center now during construction, when everything
looks its worst, versus when the building & landscaping is completed. For example, we are
proposing installing specimen quality landscaping that will benefit both Doerr-Hosier & the
Health Center, & soften the relationship between the two buildings.
I will follow-up with a formal letter withdrawing the application. Please email or call on any
questions.
Thanks,
Jim Curtis
10/13/2006
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
',,7, l~l,Q"''/')!\\ll\ f7 /-,rI
ADDRESS OF PROPERTY: I'll, t r~~ !(,'f V." ft:-(.'(/{G/
SClIEDULED PUBLIC HEARING DATE: ock Jl{J}. 20
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, Aspen, CO
, 200 Lv
STATE OF COLORADO )
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County of Pitkiu )
I, "Je\S!{tI 6a V(ULV (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:
X Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation il1. the City of Aspen at least fifteen (}-5)
days prior to the' public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
- Development Department, which contains the information described in Se~tion
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of 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 ~gencies so noticed is atfached hereto.
(continued on next page)
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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 shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The f~AffidaVit of Notice" was aC~edged before me~ Ji'aay '.
of ,Q.{/', 20Gb by ,,~SS i C ex q <<0 ,,0
w'ITNESS lvIT HAJ'm Ai"!) OFFICIAL SEAL
My commission e;pires: nqjt'1 / '/ --LJ 0 ':/'"
~~oL~ ' I
. Public
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LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
PUBUC NOTICE
RE: ASPEN INS1Tl1JTE SPA AM~ TO IN-
CREASE HEIGHT ON DOERR-tfOSlEft: BUlWING
NOTICE IS. HEREBY GIVEN that a public
hearing wlll be held on Monday, October 23,
2006, at a meellngtn begin at 5:00p.rn. belorethe
Aspen CIty Counc;\, Counell Chambers, CIty Hall,
1305. Galena St" Aspen, to consider an appllca-
tlonsubmilted by Jim Curlls, on behall 01 The As-.
pen instltute, requesting an SPA Amendment to
allow for an increase in height on the Doerr-HosJ-
er Conference Center building. The subJect prop-
erly Is located at 870 Meadows Road, Aspen, CO
81Gl!.
For further Information, contact Jessica Garrow
at the CIty of Aspen Community Development De-
partment, 130 5. Galena St., Aspen, CO
970.429.2780, (or by emall jesslcag@ci.aspen
.co.us).
s/He]enKallnKl~nderud.Mayor
Aspen City Council
Published in the ASpen TImes Weellly on October
8,2006.(4107)
ATIACHMENTS:
!' OF THE PUBLICATION
~_ OF THE POSTED NOTICE
Account name:
Applicant:
Type:
Permit Number
0051.2006.ASLU
~
F
Permit Receipt
RECEIPT NUMBER 00019219
25646
ASPEN INSTITUTE INC
check
# 8805
Fee Description
Cal fee to Receipt Deposit
Total:
Date: 9/5/2006
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Amount
1,395.00
1,395.00
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NOTE
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TO:
Aspen Historic Preservation Commission
FROM:
Sara Adams, Preservation Planner
RE:
Aspen Institute Conference Centerl Doerr-Hosier Building
DATE:
October 11, 2006
SUMMARY: The HPC is asked for a recommendation to City Council regarding a two (2)
foot six (6) inch increase to the height of the parapet
wall that screens the mechanical equipment.
In November 2005, the Aspen Institute decided to make the
Doerr-Hosier building into a "green" building and to pursue
LEED (Leadership in Energy and Environmental Design)
certification. In order to achieve LEED certification, a
number of changes were made to the building, including
the use of different mechanical equipment that meets
LEED requirements. This equipment is compatible with the
geothermal energy used in the building and is less noisy
than that originally proposed; however, the new equipment
is larger in size, which requires a higher parapet wall.
The lower wall is the approved height
and the higher (left) wall is the
proposed height increase. Photo9raph
looks toward Red Mountain.
There are two pieces of mechanical equipment that work to heat and cool the building, both
placed on the top of the building in accordance with the original SPA approval and Ordinance
45, Series 2004. One is smaller in size and is lower in height than the originally approved
parapet wall height. The second is approximately two feet taller, and sits higher than the
originally approved parapet wall height. When the Aspen Institute decided to use this
equipment in order to achieve LEED certification, the Institute also decided to increase the
parapet wall height to hide the equipment. This decision resulted in a building height that
exceeded the SPA height limits by two (2) feet six (6) inches.
In July, 2006, the Aspen Community Development Department received a zoning complaint
from a resident in the Pitkin Green subdivision regarding the height of the Doerr-Hosier
building. Community Development staff inspected the Doerr-Hosier building and determined
that the parapet wall exceeded the allowable height by two (2) feet six (6) inches. The Aspen
Institute then initiated an SPA Amendment request for a height increase
Staff is looking to HPC for direction regarding the impact of the higher parapet wall on
the architecture and its compatibility with the Aspen Institute grounds, and the trade-
offs, if any, between LEED equipment and architectural integrity.
Exhibit
A. Photographs
B. Approved plans.
C. Application with photographs.
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CURTIS
<&> ASSOCIATES
MEMORANDUM
TO:
James Lindt,
Todd Grange,
Aspen Community Deve. Office
Aspen Zoning Officer
FROM:
Jim Curtis
Aspen Institute Owner's Representative
DATE:
August 28, 2006
RE:
Non-Compliance Petition & Minor SPA Variance Request
For Rooftop Parapet Wall Height
Conference & Meeting Hall Building (aka Doerr-Hosier Center)
870 Meadows Road, Parcel # 2735-121-29008
Aspen Institute, Owner
Request
The Aspen Institute respectfully requests a 2'-6" height variance for a rooftop
parapet wall surrounding and screening the mechanical equipment on the north roof of
the Doerr-Hosier Center currently under construction. The parapet wall has been
constructed (but not finished), and only recently did it come to our attention the wall was
higher than the parapet wall shown on the SPA (Specially Planned Area) drawings. The
parapet wall hides 2 pieces of large rooftop mechanical equipment (air handling units)
from the view of the public and the slightly higher wall is felt to be the best solution to
hide the rooftop equipment. The alternative is to lower thc parapet wall and expose the
upper 2'-6" of the rooftop equipment to public view.
The approved SPA drawings showed a parapet wall of approximately 4'-8" vs. the
higher wall of approximately 7'-2". The SPA drawings were approved and recorded on
April 18, 2005, prior to the September 2005 groundbreaking of the building. As is fairly
typical, at the time the SPA drawings were recorded, the architect did not know the exact
size of the mechanical equipment. He did know that mechanical equipment would bc on
the rooftop and that a parapet wall would be necessary to screen the equipment.
SPA V arReqDocrr-Hosier08286
I
300 East Hyman Avenue' Second Floor . Aspen, Colorado 81611 . ph, (970) 920-1395 . fax, (970) 925-5046
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Subsequently, the Aspen Institute committed that the building would be a "green"
LEEDS Certified Building, which it will be, but because of this some of the mechanical
equipment became slightly larger to be "more green" and quieter. Therefore, the parapet
wall was built slightly higher to hide the slightly larger "greener" mechanical cquipment.
The parapet wall will be covered in a gray non-reflective zinc metal pancling consistcnt
with the SPA drawings.
Backl!round
In late July, I received a call from Mr. Todd Grange, Zoning Officer, saying he
had received a call from a resident asking us to check the Doerr-Hosier building heights.
Pursuant to Mr. Grange's request, we survey checked the building heights and found all
heights were in compliance or slightly lower than the SPA drawings other than the
parapet wall surrounding the mechanical equipment on the north roof of the building.
Once the survey heights were known, Mr. Grange and Mr. Stephen Kanipe did an
inspection ofthe building with us. I have also recently inspected the building with Pitkin
Green neighbors whose view planes are most directly impacted by the building. All
parties I have personally spoken with feel keeping the higher parapet wall is preferred to
lowering the parapet wall and exposing the mechanical equipment to view.
Procedurally, the original 1992 SPA Agreement envisioned these type of minor
adjustments and established a straightforward manner to handle them under Article
III(B)-Non-Compliance and Request for Amendmcnts or Extensions.
I and the Aspen Institute both thank you for your consideration of this item.
cc: Amy Margerum, Aspen Institute
SPA V arReqDocrr-Hosier08286
2
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Parapet Wall View From Front of13uilding
South- West Elevation
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Parapet Wall View From Side of Building
North- West Elevation
Parapet Wall View From Upper Terrace
Looking North-West
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View of Mechanical Equipment
Hidden by Parapet Wall
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Page 1 of2
Jessica Garrow
From:
Sent:
To:
Jim Curtis ucurtis@sopris.net]
Monday, October 02, 2006 5:24 PM
Jessica Garrow
Subject: Fwd: Doerr-Hosier AHU-6 Exterior Noise
The email below is from our acoustical eng. Cristina Miyar from Charles M. Salter Associates in San
Francisco. The Air Handling Unit (AHU) on the rooftop is estimated to have a 40 dBA 10' away at the
parapet wall. As I mentioned, this is a custom unit which is quieter which is one reason why the unit is
slightly larger. As Cristina points out, a standard commercial unit is likely to be 15 dBA louder than the
unit we have. Also, as Cristina points out it is beneficial to have the parapet wall higher than the AHU to
direct the noise upward & help diffuse the noise. A lower parapet wall below the height of the AHU
would not act as a shield & the noise would spill out rather than being directed upward. Hopefully this
helps. Thanks.
Begin forwarded message:
From: "Cristina 1. Miyar" <cristina.miyar@cmsalter.com>
Date: October 2,20062:56:48 PM MDT
To: "Jim Curtis" <jcurtis@sopris.net>
Cc: "David Schwind" <david.schwind@cmsalter.com>, "Rebecca Berkus"
<rebecca@berkusdesign.com>, "August Hasz" <hasz@reginc.com>
Subject: Doerr-Hosier (06-7014) AHU-6 Exterior Noise
Jim,
At your request we have reviewed acoustical performance data for AHU-6 to evaluate exterior noise levels due to
this unit. The unit is a custom unit; exterior noise levels are controlled be the outside air intake for the unit.
Based in data from the manufacturer, we estimate the sound pressure level ten feet away from the unit to be
about 40 dBA. A typical unit of this size (i.e., off the shelf unit with forward curved, centrifugal fan) would be about
15 decibels louder than this fan (about 55 dBA at 10 feet).
Rooftop mechanical equipment noise is shielded by the parapet. The parapet forms an acoustical barrier to
reduce noise at the project's outdoor use spaces. Reducing the height of the parapet would result in higher
mechanical noise levels at outdoor use spaces near the mechanical equipment.
Do not hesitate to contact me if you have questions or need further information.
10/1 ') n006
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MEMORANDUM
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Jessica Garrow, PlannerJi:
RE: Doerr-Hosier Building (Aspen Institute Conference Center) Height Increase-
SPA Amendment - First Readinl! of Ordinance..-:Series 2006
,.----~~~~ t:---
MEETING DATE: September 25,2006
ApPLICANT IOWNER:
Aspen Institute
REPRESENTATIVE: h 7
Jim Curtis, Aspen Institute (~
LOCATION:
Lot I-A Aspen Meadows Subdivision
commonly known as 870 Meadows Road
CURRENT ZONING & USE
Academic with an SPA overlay
Photo oflbe smaller, and shorter oflbe two pieces of
mechanical equipment, with the proposed parapet wall height.
PROPOSED LAND USE:
Academic with an SPA overlay
STAFF RECOMMENDATION:
Deferred to Second reading, following
referral comments from the Historic
Pr~~;z'1~n Commission"~ff (@WI
VU/'i'r vrM .ftv,J..- f'L~ '
SUMMARY:
The Applicant requests an amendment to
their SPA agreement to increase the
height of the Doerr-Hosier Building
(Aspen Institute Conference Center) by
two (2) feet six (6) inches to hide
mechanical equipment.
>A
Photo of the larger, and taller of the two pieces of mechanical
equipment, with the proposed parapet wall height.
Photo of the parapet wall height: the lower portion is the
height that was originally approved, and the higher portion is
the proposed height with the two (2) foot six (6) inch
variance.
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LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval for site:
· SPA Variance to increase the height of the parapet wall by two (2) feet six (6) inches on
the Doerr-Hosier building pursuant to Land Use Code Section 26,440 (City Council is the
final review authority who may approve, approve with conditions, or deny the proposal).
PROJECT BACKGROUND AND SUMMARY:
In 1991, City Council approved Ordinance No. 14, approving the original Aspen meadows SPA
Agreement. This SPA agreement established dimensional requirements for the SPA area. The
SPA Agreement, dated January 24, 1992, outlines review procedures for all SPA Variances and
Amendments.
Ordinance 45, Series 2004 amended the Aspen Meadows SPA to allow for the construction of a
conference and meeting hall in place of a lodge building that was approved in the original SPA
Agreement. This Ordinance allowed for the construction of the Doerr-Hosier Conference
facility.
In November 2005, the Aspen Institute decided to make the Doerr-Hosier building into a "green"
building and to pursue LEED (Leadership in Energy and Environmental Design) certification. In
order to achieve LEED certification, a number of changes were made to the building, including
the use of different mechanical equipment that meets LEED requirements. This equipment is
compatible with the geothermal energy used in the building and is less noisy than other non-
LEED equipment. In order to achieve a lower decibel level and LEED compatibility, the
equipment is slightly larger than the equipment originally intended for the building.
There are two pieces of mechanical equipment that work to heat and cool the building, both
placed on the top of the building in accordance with the original SPA approval and Ordinance
45, Series 2004. One is smaller in size and is lower in height than the originally approved
parapet wall height. The second is approximately two feet taller, and sits higher than the
originally approved parapet wall height. When the Aspen Institute decided to use this equipment
in order to achieve LEED certification, the Institute also decided to increase the parapet wall
height to hide the equipment and to maintain architectural consistency with the building. This
decision resulted in a building height that exceeded the SPA height limits by two (2) feet six (6)
inches.
In July, 2006, the Aspen Community Development Department received a zoning complaint
from a resident in the Pitkin Green subdivision regarding the height of the Doerr-Hosier
building. Community Development staff inspected the Doerr-Hosier building and determined
that the parapet wall exceeded the allowable height by two (2) feet six (6) inches. The Aspen
Institute then initiated an SPA VaI'ia= request for a height increase.
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STAFFCOM~NTS: . (/'1Il/. C'Y J1 _ .. J,....J-!
SPA VAttfIAN9k: WVllV'/I-t(i. ~V"....-~
The Appuca:;;t is requesting a v~e from the SPA Agreement to increase the height on the
Doerr-Hoser building by two (2) feet six (6) inches. The review criteria are outlined in Land Use
Code section 26.440,050, and the review procedures are outlined in the original SPA Agreement,
dated January 24, 1992 (attached as Exhibit C).
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~evieWing t --application, Staff believes that the proposal meets the applicable SPA Review
Criterion taff finds e proposal is consistent with the goals established in the 2000 Aspen
Area ommunity Plan. Staff supports the Institute's decision t achieve LEED certification and
IS In genera support of increasing the permitted height in ~~!'o' inimize the noise impacts on
the surrounding neighbors and environment. The increas in'jJ'ara et wall height will project the
noise up towards the sky, rather lhan out the sides of the TltlZ ing. Staff is waiting for referral
comments from the Historic Preservation Commission before a final staff finding is made J
REFERRAL AGENCY COMMENTS:
The City Engineer, Fire Marshal, Aspen Sanitation District, and the Parks Department have all
reviewed the proposed application and their requirements have been included as conditions of
approval when appropriate. The Historic Preservation Commission will review the proposed
height increase at their October II th, 2006 meeting. Those referral comments will be included in
the Staff memo and findings at second reading.
~/',X ~
RECOMMENDATION: /
Staff r~comme~d~.;tfut the ~it~ Council approve the attached ordina?ce on first r~ading,
approvmg a V~~~? the ongmal Aspen Meadows SPA Agreement to mcrease the heIght of
the Doerr-Hosier building by two feet six inches.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No._, Series of 2006, upon first reading."
CITY MANAGER COMMENTS:
A TT ACHMENTS:
EXHIBIT A - Review Criteria and Staff Findings
EXHIBIT B - Amended SPA Development Plan including Doerr-Hosier Center architectural
drawings
EXHIBIT C - SPA Variance Procedures, from original SPA Agreement dated January 24, 1992
EXHIBIT D - Application
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26.440.050 Review standards for development in a Specially Planned Area (SPA).
In the review of a development application for a conceptual development plan and a final
development plan, the Planning and Zoning Commission and City Council shall consider
the following:
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use,
density, height, bulk, architecture, landscaping and open space.
The requested variance would increase the parapet wall height by two (2) feet six (6)
inches. This height increase is proposed in order to reduce the visual impact of the
machinery on the roof of the Doerr-Hosier building. The machinery is larger than
originally anticipated because the building will undergo LEED certification and the
larger equipment will help the building achieve that certification.
There are two (2) pieces of mechanical equipment that are needed to ensure the
building is energy efficient. One piece is hidden by the original parapet wall height.
The other piece of mechanical equipment is taller than the approved parapet height,
and requires an increase of two (2) feet six (6) inches in the parapet height in order to
conceal it from view, The parapet wall also functions as a noise barrier for the pieces
of equipment. The mechanical equipment is estimated to produce noise equal to 40 to
45 decibels. The higher parapet wall helps minimize the impact on the surrounding
neighbors by directing the noise towards the sky, rather than allowing it to easily
come out the sides.
The parapet wall will be made of insulation and a metal material, which was
approved as part of the original parapet wall. This ensures the higher parapet wall
matches the rest of the building material and architectural program.
Staff will make a finding on this criterion following the review by the Historic
Preservation Commission on October 11, 2006. The staff finding will be included in
the staff memo at second reading.
2. Whether sufficient public facilities and roads exist to service the proposed
development.
The requested variance is to increase the parapet wall height on an approved building
that is currently under construction. The height increase will not impact public
facilities or roads. Staff finds this criterion to not be applicable.
3. Whether the parcel proposed for development is generally suitable for
development, considering the slope, ground instability and the possibility of
mudflow, rockfalls, avalanche dangers andflood hazards.
The requested variance is to increase the parapet wall height on an approved building
that is currently under construction. Staff finds this criterion to not be applicable.
4. Whether the proposed development creatively employs land planning techniques
to preserve significant view planes, avoid adverse environmental impacts and
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provide open space, trails and similar amenities for the users of the project and
the public at large.
The proposed parapet wall height increase is intended to minimize the visual and
audio impacts of the machinery. The parapet wall creates a larger mass than the
equipment, as it encloses both pieces of equipment and the approximately four (4)
feet of space between the two (2) pieces of equipment. This larger mass is visible
from neighbors living in Pitkin County in the Pitkin Green subdivision across the
Roaring Fork River.
The parapet wall will decrease the noise impact associated with the equipment, as it
will direct the noise up rather than allowing it to disperse. This will minimize the
audio impacts on the neighbors.
Staff will make a finding on this criterion following the review by the Historic
Preservation Commission on October 11, 2006. The staff finding will be included in
the staff memo at second reading.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
The requested variance would increase the parapet wall height by two (2) feet six (6)
inches, The relevant AACP sections for this variance request include Parks, Open
Space, & the Environment, and Design Quality, [Note: the original SPA Agreement
established the overall development's compliance with the AACP]
The proposed height increase will help reduce the noise pollution associated with the
mechanical equipment. The mechanical equipment is larger than original anticipated
in the original SPA Agreement because the building is attempting to attain LEED
certification. The equipment itself meets the AACP goals in terms of achieving
environmentally friendly development and design and by reducing the energy costs
associated with the approved development. The height increase meets the AACP
goals by reducing the adverse noise impacts on the surrounding environment.
The proposed height increase meets the AACP's goal of achieving good design
quality. The proposed materials are the same as were approved in the original SPA
Agreement, and will compliment the original building design by ensuring a consistent
architectural program, HPC evaluated the design originally proposed for the building
and approved it, as it was consistent and appropriate with the Aspen Institute area.
The increase in the parapet wall is consistent with this initial HPC finding.
Staff finds this criterion to be met.
6. Whether the proposed development will require the expenditure of excessive
public funds to provide public facilities for the parcel, or the surrounding
neighborhood.
The requested variance is to increase the parapet wall height on an approved building
that is currently under construction. Staff finds this criterion to not be applicable,
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7. Whether proposed development on slopes in excess of twenty (20) percent meet
the slope reduction and density requirements of Section 26.445.040(B)(2).
The requested variance is to increase the parapet wall height on an approved building
that is currently under construction. Staff finds this criterion to not be applicable,
8. Whether there are sufficient GMQS allotments for the proposed development.
The requested variance is to increase the parapet wall height on an approved building
that is currently under construction. Staff finds this criterion to not be applicable,
,......,
'10..,/
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THE CITY OF ASPEN
Land Use Application
Determination Of Completeness
Date: September 6, 2006
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number,
name, and property identification number assigned to this property are 0051.2006.ASLU, 870
Meadows Drive and 2735-121-29-008, respectively. I will be handling this case.
o Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
I.
2.
3.
4.
5.
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
1&1 Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2780 if you have any
questions.
~
C:IDocuments and Settings~essicaglMy DocumentslCaseslAspen InstituteICompletenessLetter_Aspenlnstitute.doc
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18.04.0 I 0
Declaration of policy.
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 to its visitors. Noise
has an adverse effect on the psychological and physiological well being of persons, thus
constituting a present danger to the economic and aesthetic well being of the community.
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.
efinitions and standards.
(A) All terminology used in this chapter and not defined below shall be in
conformance with applicable publications of the American National Standards
Institute (ANSI) or its successor body. For the purposes of this chapter, certain
words and phrases used herein are defined as follows:
(I) Commercial district. An area zoned primarily for commercial use as defined
in Title 26 of the Aspen Municipal Code, including, but not limited to, areas
designated CC, C-l, S/C/1, NC, 0, P (when surrounded by these
designations), SKI, and as such designations may be amended.
(2) Construction activities. Any and all activity incidental to the erection,
demolition, altering, assembling, installing or equipping of buildings,
structures, roads or appurtenances thereto, including land clearing, grading,
excavating, filling, landscaping, use of power equipment and the delivery,
loading or unloading of materials and equipment.
(3) Dynamic braking device (commonly referred to as Jake Brake). A device used
primarily on trucks for the conversion of the engine from an internal
combustion engine to an air compressor for the purpose of braking without the
use of wheel brakes.
(4) Lodge District. An area zoned primarily for lodge use as defined in Title 26
of the Aspen Municipal Code, including, but not limited to, areas designated
L/TR, CL, LP, P (when surrounded by these designations) and as such
designations may be amended.
(5) Nighttime. Shall mean the period from 9:00 p.m. to 7:00 a.m. daily.
(6) Property line. An imaginary line, at the ground surface, and its vertical
extension, which separates the real property owned or rented by one person
from that owned or rented by another person and separates real property from
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the public premise, or in multiple dwelling units from the adjoining unit, such
as the wall between two apartments.
(8) Sound level meter. An apparatus or instrument including a microphone,
amplifier, attenuator, output meter and frequency weighting networks for the
measurement of sound levels.
(9) Special event. Defined in Section 14.20.010 of the City of Aspen municipal
code.
(B) Standards used in the measurement of sound as provided for in this chapter shall
be those as specified herein:
(1) Sound level measurement shall be made with a sound level meter using the
"A" weighting scale, set on "slow" response.
(2) Measurements shall be taken at the property line of the source. The meter shall
be used according to manufacturer specifications. The meter shall not be held
in front of the person taking the reading.
(3) Background noise levels shall be taken for comparison with a given source for
accuracy of a measurement. Enforcement actions will be taken if the source
of noise is greater than the stated permissible levels and the background noise
level.
(a) Extraneous or momentary spikes in the background noise readings shall
not be used to compare with the source noise readings.
(b) If the source is constant and too loud to determine the background noise
level, then the enforcement officer must find a similar site and distance to
test for the background noise level.
(4) These noise regulations are enforceable by all City of Aspen law and code
enforcement officers.
18.04.040
Noises prohibited, nuisances.
(A) General prohibitions. It shall be unlawful, with penalties provided in the Aspen
Municipal Code, section 1.04.080, for any person to create, cause or allow the
2
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continuance of any unreasonably loud, disturbing, unusual, frightening or
unnecessary noise, which interferes with neighboring residents' reasonable use of
their properties. Such noise may include, but is not limited to, the following:
(1) Horns and signaling devices: The intentional sounding ofany horn or
signaling device of a motor vehicle on any street or public place continuously
or intermittently, except as an emergency warning device.
(2) The sounding of a security alarm for more than five (5) minutes.
(3) The repair, rebuilding or testing of any motor vehicle during nighttime.
(4) Operating or permitting the operation of any motor vehicle or motorcycle not
equipped with a muffler or other device in good working order so as to
effectively prevent loud or explosive noises there from; operating any such
vehicle in a manner as to constitute unreasonable, disturbing noise that
constitutes a nuisance.
(5) Dynamic braking devices (commonly referred to as a Jake Brake). Operating
any motor vehicle with a dynamic braking device engaged except for the
aversion of imminent danger.
(6) Noisy parties: Congregating because of, or participating in any part or
gathering of people, during nighttime in such a manner as to disturb the peace.
(7) The playing of any radio, phonograph, musical instrument, outdoor speakers,
television, or any such device in such a manner as to disturb the peace of
nearby persons, particularly during nighttime.
(8) The yelling, shouting, whistling or singing on the public streets or private
property at nighttime in such a manner as to disturb the peace.
(9) The use of leaf blowers other than electric-powered leaf blowers.
(10) Construction between the hours of7:00 p.m. and 7:00 a.m. Monday through
Saturday in any Zone District.
(11) Construction on Sundays in any Zone District.
(12) The use or firing of explosives, firearms or similar devices, which create loud
sound.
18-04.050
Allowed Noises based on time of day and other restrictions.
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(A) The following noises are allowed to exceed the Zone District noise levels during
specified times of day unless deemed a disturbance of the peace by an
enforcement officer.
(I) Sound emanating from outdoor athletic events between 7:00 a.m. and 9:00
p.m.
(2) Construction activities between 7;00 a.m. and 7;00 p.m., Monday thru
Saturday, with the following conditions:
(a) Noise levels do not exceed 80 decibels at the property line; and
(b) Equipment is operated in accordance with manufacturer's specifications
and with all standard manufacturers' mufflers and noise-reducing
equipment in use and in properly operating condition; and
(c) Notices shall be posted to inform workers, including sub-contractors, about
the basic noise requirements, as well as specific noise restrictions, to the
project; and
(d) Jack hammering, drilling, large compressors, and other types of equipment
that exceed 80 decibels must be used in conjunction with an approved
noise suppression plan outlined in 18.04.070 of this chapter.
(3) Special Events or other events to which the public is invited with the
following conditions:
(a) The maximum decibel level at the perimeter of the event does not exceed
100 decibels; and
(b) Amplified noise shall be created only between the hours of 9:00 a.m. and
9:00 p.m.; and
(c) Neighbors within two hundred fifty (250) feet of the site of the proposed
sound source are notified. Such notification must be in writing and be
done seven (7) days prior to the starting time of the event; and
(d) The arrangement of loud speakers or the sound instruments must be such
that it minimizes the disturbance to others resulting from the position or
orientation of the speakers or from atmospherically or geographically
caused dispersal of sound beyond the property lines; and
(e) All reasonable measures are taken to baffle or reduce noise impacts on the
neighbors; and
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(f) Event organizers agree to cooperate with the Police Department in
addressing noise complaints from neighbors, which may include the
termination of the event. .
(g) Organizers of special events governed by the City of Aspen Special Event
code (14.20.030(t)) may request a variance from noise restrictions to the
City of Aspen Special Event Committee.
(1) The variance request shall include reasons why the variance should be
granted, how the public good will outweigh impacts on neighbors and
other factors supporting the request.
(2) If approved, the variance shall contain all conditions upon which said
variance has been granted, including, but not limited to, the effective
date(s), time(s) of day, location, sound pressure level, or equipment
limitation. The Special Event Committee may prescribe any
reasonable conditions or requirements deemed necessary to minimize
adverse effects upon the community or the surrounding neighborhood.
(3) Decisions on variances by the Special Event Committee may be
appealed to the city council. An appeal shall be made by filing with the
city clerk a signed statement that the appellant desires to appeal to the
city council, along with a copy of the application and the written
denial or the permit objected to. Each appeal shall be filed within two
(2) days, exclusive of Saturdays, Sundays and legal holidays, of the
decision appealed from. The right to appeal to city council shall be
contingent upon city council's regular meeting schedule.
(4) Private events to which the public is not invited and that are located at a park,
business or nonprofit facility with the following conditions:
(a) Private events must comply with the requirements of parts (c) thru (f) of
section (3) governing public events; and
(b) Amplified noise shall be created only between the hours of 9:00 a.m. and
8:00 p.m.; and
(c) The maximum decibel level at the perimeter of the event does not exceed
80 decibels; and
(d) Maximum of two per week at any property; and
(e) If complaints are received from neighbors about noise from a private
event, the event organizer must meet with the Environmental Health
Department and implement additional control measures for future events
to prevent disturbance of neighbors.
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(f) An administrative fee as set in the City Fee Ordinance is required for
review of the additional control measures:
(5) Fanners' Markets. Sound from the Farmers' Market during times and dates
specified in its current vending agreement with the City of Aspen.
Daytime 7:00 a.m. to 9;00
.m.
55 dBA
(B) No person shall drive, operate, move, cause or knowingly permit to be driven or
moved a motor vehicle or combination of vehicles at any time in such a manner as
to exceed the noise limits for the category of motor vehicle shown in Table 2.
(C) Noise shall be measured at a distance of at least twenty-five (25) feet from the
vehicle with the sound level meter at least four (4) feet above the immediate
surrounding surface:
Table 2: Maximum Vehicle Noise levels
Type of Vehicle Noise level dBA for Noise lever dBA for Speed
Speed of 35 mph or less over 35 mph
Motor vehicles with a 86 90
manufacturer's gross vehicle
weight rating (GVWR) or
gross combination weight
rating (GCWR) of 10,000
pounds or more, or by any
combination of vehicles
towed by such motor
vehicle
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Any other motor vehicle 82 86
(less than 10,000 pounds) or
any combination of vehicles
towed by any motor vehicle
18.04.060
Exemptions.
(A) The following uses and activities shall be exempt from noise level regulations:
(I) Emergency construction work that is necessary to restore property to a safe
condition following a fire, accident or natural disaster, or to restore public
utilities, or to protect persons or property from an imminent danger. Such
work must comply with the requirements of this ordinance for a noise
suppression plan.
(2) Noises of safety signals, warning devices, and emergency pressure relief
valves.
(3) Noises resulting from any authorized emergency vehicle when responding to
any emergency call or acting in time of emergency.
(4) Noise from snow plowing, street cleaning or trash collection.
(5) Lawful fireworks.
(6) Electric leaf blowers.
18.04.070 Noise Suppression plans for construction activities where decibel limits
will be exceeded.
(A) Noise suppression plans shall be submitted for approval to the Aspen
Environmental Health Department or Police Department.
(B) Noise suppression plans shall include:
(I) contact information,
(2) dates of the activity,
(3) hours of activity,
(4) location of activity,
(5) any equipment constraints that prevent common noise reduction
measures,
(6) description of how sound blocking or reducing measures will be used,
(7) layout map of the locations of baffles and other sound blocking or
reducing measures with relation to source of noise.
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(C) Submittal must be timely for adequate review.
(D) Approval may be granted upon good and sufficient showing:
(I) That the activity, operation or noise source will be of temporary duration and
cannot be done in a manner that would comply with this chapter; and
(2) That no reasonable alternative is available to the applicant.
(E) An administrative fee as set in the City Fee Ordinance is required for review any
noise suppression plan.
(F) The City of Aspen may prescribe any reasonable conditions or requirements
deemed necessary to minimize adverse effects upon the community or the
surrounding neighborhood.
18.04.080
Enforcement.
(A) Enforcement officers may issue a warning notice or summons and complaint to
any person in violation of this chapter.
(B) An Enforcement Officer shall have the right to inspect property concerning any
noise complaint.
18.04.090
Penalty assessment.
(A) Any person violating any provision of this chapter may be punished by a fine,
imprisonment, or both a fine and imprisonment, as set forth in section 1.04.080 of
this Code. Each day any violation of this chapter shall continue shall constitute a
separate offense.
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MEMORANDUM
VIII a,
TO:
Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director ~M
FROM: Jessica Garrow, Planner d{V'(Q
RE: Doerr-Hosier Building (Aspen Institute Conference Center) Height Increase-
SPA Amendment - First Readinl!: of Ordinance ?'f. Series 2006
MEETING DATE: September 25, 2006
Second Reading scheduled for October 23, 2006
LOCATION:
Lot I-A Aspen Meadows Subdivision
commonly known as 870 Meadows Road
ApPLICANT IOWNER:
Aspen Institute
REPRESENTATIVE:
Jim Curtis, Curtis & Associates
CURRENT ZONING & USE
Academic with an SPA overlay
Photo of the smaller, and shorter ofthe two pieces of
mechanical equipment, with the proposed parapet wall height.
STAFF RECOMMENDATION:
Deferred to Second reading, following
referral comments from the Historic
Preservation Commission. Staff
recommends adoption upon first reading.
PROPOSED LAND USE:
Academic with an SPA overlay
Photo of the larger. and taller of the two pieces of mechanical
equipment, with the proposed parapet wall height.
SUMMARY:
The Applicant requests an Amendment to
their SPA agreement to increase the
height of the Doerr-Hosier Building
(Aspen Institute Conference Center) by
two (2) feet six (6) inches to hide
mechanical equipment.
Photo of the parapet wall height: the lower portion is the
height that was originally approved, and the higher portion is
the ro osed hei ht with the two (2) foot six (6) inch variance.
Doerr-Hosier SPA Amendment Staff Report, page I
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LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval for site;
. SPA Amendment to increase the height of the parapet wall by two (2) feet six (6) inches
on the Doerr-Hosier building pursuant to Land Use Code Section 26.440 (Citv Council is
the final review authoritv who may approve, approve with conditions, or deny the
proposal).
PROJECT BACKGROUND AND SUMMARY:
In 1991, City Council approved Ordinance No. 14, approving the original Aspen meadows SPA
Agreement. This SPA agreement established dimensional requirements for the SPA area. The
SPA Agreement, dated January 24,1992, outlines review procedures for all SPA Variances and
Amendments.
Ordinance 45, Series 2004 amended the Aspen Meadows SPA to allow for the construction of a
conference and meeting hall in place of a lodge building that was approved in the original SPA
Agreement. This Ordinance allowed for the construction of the Doerr-Hosier Conference
facility,
In November 2005, the Aspen Institute decided to make the Doerr-Hosier building into a "green"
building and to pursue LEED (Leadership in Energy and Environmental Design) certification. In
order to achieve LEED certification, a number of changes were made to the building, including
the use of different mechanical equipment that meets LEED requirements. This equipment is
compatible with the geothermal energy used in the building and is less noisy than other non-
LEED equipment. In order to achieve a lower decibel level and LEED compatibility, the
equipment is slightly larger than the equipment originally intended for the building.
There are two pieces of mechanical equipment that work to heat and cool the building, both
placed on the top of the building in accordance with the original SPA approval and Ordinance
45, Series 2004. One is smaller in size and is lower in height than the originally approved
parapet wall height. The second is approximately two feet taller, and sits higher than the
originally approved parapet wall height. When the Aspen Institute decided to use this equipment
in order to achieve LEED certification, the Institute also decided to increase the parapet wall
height to hide the equipment and to maintain architectural consistency with the building. This
decision resulted in a building height that exceeded the SPA height limits by two (2) feet six (6)
inches.
In July, 2006, the Aspen Community Development Department received a zoning complaint
from a resident in the Pitkin Green subdivision regarding the height of the Doerr-Hosier
building. Community Development staff inspected the Doerr-Hosier building and determined
that the parapet wall exceeded the allowable height by two (2) feet six (6) inches. The Aspen
Institute then initiated an SPA Amendment request for a height increase.
STAFF COMMENTS:
SPA AMENDMENT:
The Applicant is requesting an Amendment from the SPA Agreement to increase the height on
the Doerr-Hoser building by two (2) feet six (6) inches. The review criteria are outlined in Land
Doerr-Hosier SPA Amendment Staff Report, page 2
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Use Code section 26.440.050, and the review procedures are outlined in the original SPA
Agreement, dated January 24, 1992 (attached as Exhibit C).
Staff supports the Institute's decision to achieve LEED certification and is in general support of
increasing the permitted height in order 10 minimize the noise impacts on the surrounding
neighbors and environment. The increase in the parapet wall height will project the noise up
towards the sky, rather than out the sides of the building. Staffis waitingfor referral comments
from the Historic Preservation Commission before ajinal stafJjinding is made
REFERRAL AGENCY COMMENTS:
The City Engineer, Fire Marshal, Aspen Sanitation District, and the Parks Department have all
reviewed the proposed application and their requirements have been included as conditions of
approval when appropriate. The Historic Preservation Commission will review the proposed
height increase at their October 11 th, 2006 meeting. Those referral comments will be included in
the Staff memo and findings at second reading.
RECOMMENDATION:
Staff recommends that the City Council approve the attached ordinance on first reading,
approving an Amendment to the original Aspen Meadows SPA Agreement to increase the height
of the Doerr-Hosier building by two feet six inches.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No.18., Series of 2006, upon first reading,"
CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHIBIT A - Review Criteria and Staff Findings
EXHIBIT B - Amended SPA Development Plan including Doerr-Hosier Center architectural
drawings
EXHIBIT C - SPA Amendment Procedures, from original SPA Agreement dated January 24, 1992
EXHIBIT 0 - Application
Doerr-Hosier SPA Amendment Staff Report, page 3
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ORDINANCE NO. :?l!
(SERIES OF 2006)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING, AN
AMENDMENT TO THE ASPEN INSTITUTE'S SPA AGREEMENT FOR THE
DOERR-HOSIER CENTER AT 870 MEADOWS ROAD, CITY AND TOWNSITE
OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2735-121-29008
WHEREAS, the Community Development Department received an application
from the Aspen Institute, represented by Jim Curtis, requesting an amendment to the
Aspen Institute's SPA Agreement to increase the parapet wall height by two (2) feet six
(6) inches on the Doerr-Hosier building at 870 Meadows Road; and,
WHEREAS, the subject property is zoned as a Specially Planned Area; and,
WHEREAS, the original SPA agreement allows the applicant to request an
amendment to the original SPA agreement of City Council ; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval of the variance request;
and,
WHEREAS, during a duly noticed public hearing on October 23'd, 2006, the Aspen
City Council approved Ordinance No. _, Series 2006, by a _ to _ L---.J vote,
approving the Aspen Institute's SPA Amendment request for the Doerr-Hosier building at
870 Meadows Road; 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 Community Development Director,
and has taken and considered public comment at a public hearing; 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 RESOLVED BY THE CITY COUNCIL OF 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, and the Aspen Institute SPA Agreement dated January 24, 1992, the
Aspen City Council hereby approves an amendment to the SPA Agreement to increase
the parapet wall height ofthe Doerr-Hosier Building by two (2) feet six (6) inches.
Ordinance No.
Series 2006
Page 1
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Section 2: Vested Ri2hts
The development approvals granted herin shall be vested for a period of three (3) years
from the date of issuance of the development order.
No later than fourteen (14) days following the 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:
Notice is hereby given to the general public of the approval 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:
870 Meadows Road, City and Townsite of Aspen, CO, by Ordinance No. _,
Series of 2006, of the Aspen City Council.
Section 3:
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 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 4:
This resolution 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 conducted and concluded under such
prior ordinances.
Section 5:
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.
Section 6:
A public hearing on the ordinance shall be held on the 23'd day of October, 2006, 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.
Ordinance No.
Series 2006
Page 2
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the _ day of November, 2006.
Helen Kalin K1anderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of October, 2006.
Helen Kalin K1anderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
C:\Documents and Settings~essicaglMy DocumentslCaseslAspen InstitutelAspenlnstitute ORDINANCE 9-25-06.doc
Ordinance No.
Series 2006
Page 3
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Exhibit A - Staff Findings
26.440.050 Review standards for development in a Specially Planned Area (SPA).
In the review of a development application for a conceptual development plan and a final
development plan, the Planning and Zoning Commission and City Council shall consider
the following:
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use,
density, height, bulk, architecture, landscaping and open space.
The requested Amendment would increase the parapet wall height by two (2) feet six
(6) inches. This height increase is proposed in order to reduce the visual impact of
the machinery on the roof of the Doerr-Hosier building. The machinery is larger than
originally anticipated because the building will undergo LEED certification and the
larger equipment will help the building achieve that certification.
There are two (2) pieces of mechanical equipment that are needed to ensure the
building is energy efficient. One piece is hidden by the original parapet wall height.
The other piece of mechanical equipment is taller than the approved parapet height,
and requires an increase of two (2) feet six (6) inches in the parapet height in order to
conceal it from view. The parapet wall also functions as a noise barrier for the pieces
of equipment. The mechanical equipment is estimated to produce noise equal to 40 to
45 decibels. The higher parapet wall helps minimize the impact on the surrounding
neighbors by directing the noise towards the sky, rather than allowing it to easily
come out the sides.
The parapet wall will be made of insulation and a metal material, which was
approved as part of the original parapet wall. This ensures the higher parapet wall
matches the rest of the building material and architectural program.
Staff will make a finding on this criterion following the review by the Historic
Preservation Commission on October 11, 2006. The staff finding will be included in
the staff memo at second reading.
2. Whether sufficient public facilities and roads exist to service the proposed
development.
The requested Amendment is to increase the parapet wall height on an approved
building that is currently under construction. The height increase will not impact
public facilities or roads. Staff finds this criterion to not be applicable.
3. Whether the parcel proposed for development is generally suitable for
development, considering the slope, ground instability and the possibility of
mud flow, rock falls, avalanche dangers and flood hazards.
The requested Amendment is to increase the parapet wall height on an approved
building that is currently under construction. Staff finds this criterion to not be
applicable.
Doerr-Hosier SPA Amnendment, Exhibit A page I
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4. Whether the proposed development creatively employs land planning techniques
to preserve significant view planes, avoid adverse environmental impacts and
provide open space, trails and similar amenities for the users of the project and
the public at large.
The proposed parapet wall height increase is intended to minimize the visual and
audio impacts of the machinery. The parapet wall creates a larger mass than the
equipment, as it encloses both pieces of equipment and the approximately four (4)
feet of space between the two (2) pieces of equipment. This larger mass is visible
from neighbors living in Pitkin County in the Pitkin Green subdivision across the
Roaring Fork River.
The parapet wall will decrease the noise impact associated with the equipment, as it
will direct the noise up rather than allowing it to disperse. This will minimize the
audio impacts on the neighbors.
Staff will make a finding on this criterion following the review by the Historic
Preservation Commission on October 11, 2006. The staff finding will be included in
the staff memo at second reading.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
The requested Amendment would increase the parapet wall height by two (2) feet six
(6) inches. The relevant AACP sections for this Amendment request include Parks,
Open Space, & the Environment, and Design Quality. [Note: the original SPA
Agreement established the overall development's compliance with the AACP]
The proposed height increase will help reduce the noise pollution associated with the
mechanical equipment. The mechanical equipment is larger than original anticipated
in the original SPA Agreement because the building is attempting to attain LEED
certification. The equipment itself meets the AACP goals in terms of achieving
environmentally friendly development and design and by reducing the energy costs
associated with the approved development. The height increase meets the AACP
goals by reducing the adverse noise impacts on the surrounding environment.
The proposed height increase meets the AACP's goal of achieving good design
quality. The proposed materials are the same as were approved in the original SPA
Agreement, and will compliment the original building design by ensuring a consistent
architectural program. HPC evaluated the design originally proposed for the building
and approved it, as it was consistent and appropriate with the Aspen Institute area.
The increase in the parapet wall is consistent with this initial HPC finding.
Staff finds this criterion to be met.
Doerr-Hosier SPA Amnendment, Exhibit A page 2
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6. Whether the proposed development will require the expenditure of excessive
public funds to provide public facilities for the parcel, or the surrounding
neighborhood.
The requested Amendment is to increase the parapet wall height on an approved
building that is currently under construction. Staff finds this criterion to not be
applicable.
7. Whether proposed development on slopes in excess of twenty (20) percent meet
the slope reduction and density requirements of Section 26.445.040(B)(2).
The requested Amendment is to increase the parapet wall height on an approved
building that is currently under construction. Staff finds this criterion to not be
applicable.
8. Whether there are sufficient GMQS allotments for the proposed development.
The requested Amendment is to increase the parapet wall height on an approved
building that is currently under construction. Staff finds this criterion to not be
applicable.
Doerr-Hosier SPA Amnendment, Exhibit A page 3
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Page I of2
Jessica Garrow
From: Jim Curtis ucurtis@soprisnet]
Sent: Wednesday, September 13, 20067:50 AM
To: Jessica Garrow
Subject: Re: Parapet Wall follow up
Thanks for coming out yesterday. It always help tulook at things "on the ground." Your review standard
comments are factually correct. Additional information we discussed yesterday is outline below:
A. LEEDS Certification--We are going for silver, not gold as I mentioned yesterday.
B. Timeline
City Council Approval Dec 13,2004, Ord. 45, 2004
SPA Plat Recorded April 18, 2005
Construction Groundbreaking Sept. 5,2005
Aspen Institute Decision to Achieve Ll'EDS Certification November, 2005
Aspen Institute Orders Upgraded Mechanical Equipment November, 2005
C. Upgraded Mechanical Equipment--The upgraded mechanical equipment was selected because it met
LEEDS requirements, was geothermal compatible & lcss noisy. The equipment is slightly larger due to
the above.
D. Additional Thoughts
I. Building will be geothermal to met its hcating, cooling & domestic hot water requirements. We feel
this sets a good example & was a big part of the I I'EDS decision. There is limited mechanical
equipment on the market which is geothermal cOIClpatible.
2. Per my 4:00 meeting with Pitkin Green ncighbors yesterday, we have agreed to do additional & larger
landscaping to soften the impact oJ'the view ofthc building which impacts them the most.
3. As you pointed out in your commcnts, the large'!' parapet wall will help diffuse noise & direct noise
upward. This will benefit the Institutc & its surrounding buildings as wcll as Pitkin Green neighbors
across the rivcr.
Please email or call if you necd any additional inf(). from me.
Thanks,
Jim Curtis
On Sep 12,2006, at 5:46PM. .Jessica Garrow wrutc:
Hi Jim-
Thanks for the tour earlier today. I wanted to let you know that I'll be taking the proposal back to
staff on Thursday. At that time the staff will determine an opinion regarding the height request. I've
attached draft staff findin9s for the SPA review - there are no actual findings, just background
information that will inform the staff opinion. I wanted to make sure those comments are correct and
appropriately reflect the LEED certification, etc. If you have time before Thursday morning, could
9/13/2006
[!(
CITY OF ASPEN BUILDINGDJ::~ARTMENT
LlNE-GRADE VERIFICATION FORM
THE CITY OF Aspu,
Verification of Building Location by Building Contractor
Exemption
A City verification of building location is not needed when the project creates less the 200 square feel
of new f100r area.
.
PART A: Complete and Submit as part of the Building Permit App'lication
Proposed Building Address or Location: Dn""\-f.\":,,,,-("'C~,,,k('" @ ~speV1 T>^':l-i;:1vK
Your Name (Person Completing Part A): Sc.o~'- f\~vV1~e V\
Your Company: Sch W) t:.},e.\'Go" .'1,)
Plans must show horizontal dimensions that 'tie' the b ilding to the property boundary. Are
building ties shown? (circle one) 'Yes' @ .111\ -S,;,)cJoo'\ E.le(k0'c ~lt
An elevation benchmark needs to be established on the site by a licensed surveyor and shown on
the plans. What is the elevation of this benchmark? 89, 10
If the garage is located within 10 feet of the roadway or sidewalk, provide ~ elevation on the
on the roadway or sidewalk. Is a spot elevation shown? 'Yes' 'No' <tLY
Provide the equation comparing si~e (surveyed) el;vation tostru.:tljre~ arc~t;crural plan elevation
(l.e 100' first f100r elev = 7962.50): S'-"J~'i k, J. \ '33 0 - /(0 ,4"-,, .-G,;-:V(~ l
.
.
.
.
.
.
PART B: To be completed by a licensed surveyor or an individual prequalified by the Cit)',
prior to first Foundation Inspection:
. ~ld measured buildin~ ties to property match building ties shown on the plan (circle one).: 'i' I-
Q::V 'No' A:1\A,'\\- \,;v",k\:vV\/S-k""'w(../I~ mi\~(L., S.k\ll"", ,e\"tJI lo. o.()j ,.... /'
. Surveyor needs to confirm that one spot on the top of the foundation wall is at the same elevation S"., I
shown on the approved building plans. I
What IS the field measured elevation of top of foundatIOn wall relative to the site bench mark?
~(.15-7 -07Snl"I.,,;;{ -k!Sv.,v~tlC,v,1 \2/YJ
Accordmg to the bU1lding~ans, what was the deSign elevation for the same place on the
foundatIOn wall' ...:19,>> a,.c(" ~ '6(,7:5 5ucv'-'f!c..v \ --;. \='1",> tA"-"'-
. Was the elevation of the building adjusted in field? (circle one): 'Yes' ~
. If yes, why?
---------------------------------------------------------------------------
The undersigned q~ualifi;~~d indiVid~ual certifies that the informat~on in Part B is accurate.
Signature:
3 F{()Oh
CC~\ ~/)
Printed Name:
S;:\-.e.~l
Company:
<;;: C., \'{\
C:\Documents and Settings \denised\My Docwnents\email\attach\line grade verification fonndoc
;,,':.
,
"
Exhibt
;
Map
Doerr-:;Hosie'r Cen ter
Spot Elevations
{--x t18.55
Roof Spot E1"votions on
:JC Cng
X t18.55 X t18.55 X t1
~
.....
6
:HMUESER I GORDON I MEYER
ENG'NE<R$ I$URY<YORS
Spot €/"votions
on Finish Roor
Main L"",,/
X 8J.-IO X 8J.-IO
Not,,:
Pyramid P""k
Spot E1"votions on
Wood framing
X t16.4J
I'
11
Spot E1"votions
on Finish floor
Main L"",,/
!
I
~
~ t
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E1"votion Datum.! 83.5 surv"y = 100.0 archit"ctuol
83.5 surv"y = 7843.72 USGS 818v.
Unless otherwise noted elevations shown hereon are relative to the
survey datum.
SCHMUESER GORDON MEYER, INC.
I 18 W. 13TH STREET, SUrTE 200
GL-ENWOOC SPRINGS, COL-ORACO 81601
(970) 945-1004 FAX (970) 945-5948
ASPEN, COLORACO (970) 925-6727
CRESTEC BUTTE, CO (970) 349-5355 Job No.
96057F~
Exhibit
Map
,..
RJ.: Spot De." XI
r- x 1/8.55
Roof Spot Elevations on
:rC Cng
X 1/8.55 X 118.55 X 1/
'1".-,
~
~..
6
:HMUESER I GORDON I MEYER
EN" "." <" S I S U" y E y 0 ~ ~
r
'"
Map
Doerr-Hosier Cen ter
Spot Elevations
Exhibt
Pyramid Peak
Spot Elevations on
Wood framing
X 1/6.43
Spot Elevations
on finish Aoar
Main Level
X 83.40 X 83.40
f
'"
"
!
~ .
-.,.~
'll'~'
A-
Spot Elevations
on Fimsh Roor
Main Level
Note:
Elevation Datum: 83.5 survey ~ 100.0 orchitectuol
83.5 survey = 7843.72 USGS elev.
Unless otherwise noted elevations shown hereon are relative to the
survey datum.
SCHMUESER GORDON MEYER, INC.
I 18 W. en'! STREET. SUIT!';: 200
GLENWOOO SPRINGS. COLORADO 8 I eo I
(970) 945-1004 FAX (970) 945-5948
ASPEN, COLORADO (970) 925-6727
CRESTED BUTTE, CO (970) 349-5355 Job 110. 96057F_
Exhibit
Map
te: 7Auq05 Orrnm by: soh
111.: Spot tie" xl
/'"
",..,
,
,
From: Jim Curtis <jcurtis@sopris.nel>
Subject: Apen Institute Doerr-Hosier Center SPA Agreement & Plats
Date: August 11, 2006 8:38:06 AM MDT
To: Todd Grange <toddg@ci.aspen.co.us>
RECEiVED
AUG 1 1 2006
f\Sf'E14
BUIlDING DEPARTMENT
It was a pleasure to meet you yesterday & thanks for coming out.
Enclosed are SPA Agreement & Plat. The original 1992 SPA Agreement is about 100 pages &
doesn't provide any specific info. on the current height issue. I will be happy to provide you a copy of
the 1992 SPA Agreement if you would like, but I didn't want to just flood you with paper.
I will be happy to take the Pitkin Green/ Willoughby Way neighbor on a site visit or just give them a
call & update them. Whatever, the person may wish to do.
After you & Stephen review the situation please keep me posted. As I stated yesterday, the Institute
feels the higher parapet around the mech. equipment is the best solution both for itself & the
neighbors. Please give a call on any questions or additional follow-up you would like from me>
Thanks,
Jim Curtis
920-1395
.
----
!--x 118.55
Roof spot Elevotions on
: JnC en:
x 118.55 X 118.55 x"
;.,.'.~
'1
~ r~'
,,,~
?ot
~
~
,
\ 'bPA-
a~"
@
~
"'..
6
iCHMUESER I GORDON I MEYER
e;NCINe;E:"S ISU..VEYO"S
Exhibt
Map
JJoerr-Hosier Center
spot Elevations
G,~
~-
1/~.s ~ 8s.o Go
/1'1.0 @. 'd~.r.. c..
Pyramid Peak
. Ill...c . ~ Elevations on
Spot ElevatIons JL ood framing
(7,) on Anish Roo'l"f". 116.4J
~ Main Level ~
Xlll~ Xlll~
!
.I
I
_..f~
ou;!!l'
~Oj
Spot Elevations
on Finish Roar
Main Level
ac... ~
@
e,e..o
Note:
Elevation Datum: 83.5 'survey = IDD.D orchitectual
83.5 survey = 7843.72 USGS elev.
Unless otherwise noted elevations shown hereon are relative to the
survey datum.
SCHMUESER GORDON MEYER, INC.
, Ie w, 6TH STREET. SUITE 2.00
GLENWOOD SPRINGS, COLORADO 8 I 60 I
(970) 945- I 004 FAX (970) 945-5948
ASPE:tl. COL.ORADO (970J 925-6727
CRESTEO BUTTE, CO (070) 349-5355 Job No. 96057F
Exhibit
Map
~
7Aug06 Lhrll'/'l by: soh
RJ.: Spot E/ev xl
r-
""'"
:)
Jessica Garrow
From:
Sent:
To:
Subject:
Jim Curtis ucurtis@sopris.net]
Tuesday, September 19, 2006 8:29 AM
Jessica Garrow
Aspen Institute Doerr-Hosier Mechanical Equipment
Both pieces of equipment are air handling units. The bigger piece is 17'-1011 length x
4'-811 width x 5'_311 height & sits on an 11-011 high sound isolation platform for total
height of approx. 6'-3". The equipment is approx. 10" higher than Ilstandardll due to its
better sound insulation specs. & being geothermal compatible & the 11_011 sound isolation
platform was recommended by the acoustical engineer. Both the type of equipment & the
sound isolation platform were recommended by the geothermal system mechanical engineer &
the acoustical engineer jointly once the Institute decided to go for LEEDS Certification
in Nov., 2005.
The gray zinc metal panels come in 1'-3" widths. An increased of two horizontal bands of
panels are being proposed for 2'-6" variance. The SPA drawings were conceptually based on
4 horizontal bands of zinc panels & now 6 horizontal bands of zinc panels are being
proposed.
Please email or call on any questions. Thanks.
1
-
.. j'
From: Jim Curtis <jcurtis@sopris,net>
Subject: Doerr-Hosier Center Information
Date: September 15, 200610:08:12AM MDT
To: Jessica Garrow <jessicag@ci.aspen.co.us>
,-
.... "I
As requested, 10 additional copies. I will follow-up with other info. you requested. Need to make
couple phone calls & people have been out.
Thanks,
Jim Curtis
,.
-
\./
o
APPLICANT:
ATTACHMENT 2-LAND USE APPLICATION
Name:
Location:
(Indicate street address, lot & block number, legal descri
;
Parcel ill # (REQUIRED)
REPRESENTATIVE:
Name:
Address:
Phone #:
~1b~~
Phone#: 170-1tO; I~
TYPE OF APPLICATION: (please check all that apply):
PROJECT:
Name:
Address:
D Conditional Use
D Special Review
D Design Review Appeal
D GMQS Allotment
D GMQS Exemption
D ESA - 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
D Lot Split
D Lot Line Adjustment
lUl~
o Conceptual POO
o Final POO (& POO Amendment)
o Conceptual SPA
o Final SPA(& SPA Amendment)
o Subdivision
o Subdivision Exemption (includes
condonllLUunllzation)
o Temporary Use
o Text/Map Amendment
o Conceptual Historic Devt.
o Final Historic Development
o Minor Historic Devt.
o Historic Demolition
o Historic Designation
o Small Lodge Conversion!
Expansion
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PROPOSAL:
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Have you attached the following? FEES DUE: $
o Pre-Application Conference Su=ary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #3, Dimensional Requirements Form
o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plall.s that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application,
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ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
CM
(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 Areain the Municipal Code.)
Proposed: ~I(I~
Proposed: _~
Proposed:
Commercial net leasable;
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
Proposed % of demolition (Historic properties only);
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DIMENSIONS:
"1___ A_~~. Existing: Allowable: D_~_M~.l. jrA j?~
r J.UUl 1"'\,..u;;d. .lIUYV~I;;-u..
Principal bldg. height: Existing: Allowable: Proposed: {}'fA p~
Access. bldg. height: Existing: Allowable: p,OPO"":t:t
On-Site parking: Existing: Required: Proposed: 1JfA
% Site coverage; Existing: Required: proposed:R
% Open Space; Existing: Required: Proposed: ;:5 PA P
Front Setback: Existing: Required: proposed:~
Rear Setback: Existing: Required: proposed:~
Combined FIR: Existing: Required: PWPO"diE
Side Setback: Existing: Required: Proposed: 'A .
Side Setback: Existing: Required: Proposed: orA P
Combined Sides: Existing: Required: . Proposed: ~PA r~
Distance Between Existing Required: Proposed:1fAPkw1
Buildings
E,i,tio, O""-~"fO~' ~ ~<<"",n -~
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Variati~ns ~equested: I~ 1I-vf; Y?tr'i~ 0 ~
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
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(hereinafter, THE PROJE T).
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2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless cUlTent billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ which is for hours of Community Development staff time, and if actual
recorded 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 that 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
APPLICANT
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By:
By:
ChrIs Bendon
Community Development Director
Date:
Mailing Address:
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Prqx:rty, subject to rC'~\0cab)~ rcp:l:llillllS as Tn:!Y. fwm tirnl' 10 ttllle, b.
established by {he owners t!lcreof in ordcr to pwtcI..'llhl'ir prp[ll'r1y, ;IS \\l':] ;1', lhl..'
academic priv::\cy and serclli!)' of the carnpu~, it'i prpgra1l1'i and th~ 111..';dth ;\nd
safety of olher users and vi'iitors.
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l~l MA;\ Parkin!:?: Lot. The MAA parkmg lot shall be pIO\\.'cd ;U1J LI.! deaf qf $f'IJ\\'
during all wintertime pcrforl1l~nccs or functions at r.l:\:\ r;ll.,..ilitic~,
Ill. ~lISCI:Lf..\\'I".v_L:'
A, pERIODIC PROJECr I,EVIE\VS
To tIle cxtent practical ar...; neV;).)dIY. eVl:I) ..:.... months followinr! the dale I1Cr':l,r UIl!il
the construction of;1jJ componcnt:; of the Prc.ject is compl~te, tlw Consortium ..,11:,11, if
requested thereby. meet with the City Planning. Oflicc for the 'purpmc of illfl)nlll.l~~ the
Plannmg Office as to the prog.n:s.... in developing the Prnje.:t jJur$~:;ult to the terms hereof.
it" thc Planning Office deems it necessary. th!: rli;mning Office will report 10 tile- A-\j1CI1
PI:lnning q,nd Zoning Commission on the outcome of OriC or more of these IllI.:L'tings,
The Consortium and the City rccogni7C that these meetings. when deemed ncccs~ary. arc
for purposes of providing progress reports and dcvcl0ping l1Iutually acec[1lablc sotuiions
to any problems that may be ('ncountcred during cons{r~!,tion.
in the event that the City determines that an individual member of-tile Consortiulll is not
acting in substanti~J .:ompliancc with the terms of this Agreement :lJld/Oi cnc or more or
the Constr'Jctlon Schedules submitted 10 the City Engineering Department in accord:lnce
herewith (a "i':on-Coln!,lying J\femher"), the City Council may issue and serve upon the
Non-Complying Member a written order :;pc~;fj<,lg the alleged non-compliance and
icq'Jiring the Non-Complying J\f(:mh~r to remedy the SriJT!e within sllch reasonable time
as the City Council may determine. Within twent)' days of the receipt of sllch order. the
i':on-Complying Member may fill: \vith the City Council either a notice advising the City
Council {hat it is in com li2.nce or a .
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\Vhethcr the alleged non-compliance exists 0r did exist. or
\Vhcther a ':ariar.ce, extension of time or amendment to this ^gree:11cnt sllOuld
be grantee \',:ith respect to any such n0n+compliancc which is determined to exis!.
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"THE ASPEN MEADOWS"
SPECIALLY PLAt"INED AREA
DEVELOPl\lliNT & SUBDIVISION AGREEMENT
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THEODORE K GUY ASSOClATES,!j>~
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U:."Jn the receipt of sllch petition. the City Council :-.1:311 pmrnptly schedule a hearing to
i;oJ1sidcr th~ matters set forth in the ccase and desist orde;" and in th~ petition. The
hC3ring $h;,1I be convened and conducled pursuant to the pro,:~durcs normally c~tabli....hcd
by the Cit)" Council for o:hcr hearings or pursuant to such other procedures, formal or
intormal. upon which the City and tile ~on-Cor.lplying ~.fcmbC'r shall agree. [fthe City
Counci! ,Jctcrmincs by the evidence that a non-compliance exists whi::ll has not been
remedied. it may issue slIch orders as may be appropriate: pr~\'..'idcd. ho\\'c\'cr. no 0rLicr
l::rmina!.ing any approval granted berein shall be issued Wti!:~', ; ;, !:i1ding of the City
Counei', that c1.':dcnec wa'mmts sueh action and affording the Non.Complying ~fcmbcr
:t n:asc,nablc timc. not less than thirty days. to remcdy such non-compliance. A final
determination of nr'lT1-compliance which has not been remedied or f(\T whi<:h no \'ariancc;
has b(:t.:n grante(! may. at the option of the City Council. and ;,\-1011 '.nitten notle!.: 1(\ ti~c
;\:on-Complying ~fc'r~!.H..'r. Icrrnin~.lc any of the approvais contained herein which an:
n::lsC1nably related lo the r("quircl11e.1u~;) wil!l \..:!lich there h~;s b.:cn such cSlablish~\i nOll-
compliance: ;lOwcvcr. under no circunt"t.1nces will a failure to comply on thc part of !:lC
;-":on-Complying fo.lcmbcr i:-: respect 0; aey oblig~tions th:u :\!.tc!ld that component of t.he
I'ro,:,!.:C! f(lT \vhicl1 it is responsible as outlined abo\'c. af~ I " 1f Ihe
r.:maining. components of n~;.~ Prl"cC!
In addition to the foregoing, the Consortium or its ~llcccssors or as:;:~n:i. or ~ny member
t"cicof mJ.Y. on its or their own initiative, .
if the affected mer.:!Jcr or th~ Consortium
d~mOnSlr.11eS that llle rC3sons for (he dcla:/(s) which necessitate such extcnsion(s) arc
b~YOl1d tile cOfi:rol of Stich member. despite good faith efforts on its part to paform in
a timdy manner. NO!withstanding anything in this Se':tion R to the contrary. the
'.Jrcgoing concerning non-co,11pllaJiCC Jnd requests for amendments or extensions shall
lH1( :lpply in conncction with any m3t!:::- \\'ith respect to which the Aspcn Ci~y Cl1arter
O( ':he !\funieip~l Code has invested original jurisdiction in other boards. such as the
Board of I\ppeals ar.(] Examiners. With respect to such rnz:tters the rules of practice and
procedure established for and/or by snch boards shall. in the !irst instance. apply.
;":on..:ompJiance with one or more of the Construction Schedules set forth above clue to
diflicultics with fund raising or other occurrences outside of the control of the non-profit
nlcm;'ers of the Cons0llium shall be examined in <:.ny non-compliance hearing before the
City Council and can be a basis for granting a \'ariance from an extension of any of stich
sLhedu:cs.
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111111111111111111 1111111111111111111111111111111111111 ~~;1~~;! ~0. 05
SILVHl DAVIS PITKIN COUNTY CO R 31.00 00.00
ORDINANCE NO. 45
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING AN AMENDMENT TO THE ASPEN MEADOWS SPECIALLY
PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN INSTITUTE'S
. GMQS EXEMPTION FORAN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR
A PREVIOUSLY APPROVED LODGE BUILDING TO BE CONSTRUCTED AS A
CONFERENCE AND MEETING HALL, 845 MEADOWS ROAD, LOT 1A OF THE
ASPEN MEADOWS SUBDIVISION/SPA, CITY OF ASPEN, PITKIN COUNTY,
COLORADO
Parcel No. 2735-121-29-008
WHEREAS, the Community Development Department received an application
from The Aspen Institute ("Applicant") requesting an amendment to the Aspen Meadows
SpecialIy Planned Area (SPA) and an amendment to the Aspen Institute's GMQS
exemption for an Essential Public Facility to alIow for the construction of a Conference
and Meeting Hall on Lot lA, of the Aspen Meadows Subdivision/SPA; and,
WHEREAS, the Aspen Institute has provided written consent to apply for a SPA
Amendment from the Music Associates of Aspen and the Aspen Center for Physics per
the requirements for an amendment to the Aspen Meadows SPA; and,
WHEREAS, City Council Ordinance No.14, Series of 1991, zoned the subject
property to Academic with a SPA Overlay and approved the final SPA development plan
subj ect to this amendment; and,
WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council
may approve an amendment to a Specially Planned Area during a duly noticed public
hearing after considering a recommendation from the Planning and Zoning Commission
made at a duly noticed public hearing, and after considering comments from the general
public, .a recommendation from the Community Development Director, and
recommendations from relevant refelTal agencies; and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Streets Department, and the Community
Development Department reviewed the proposal and recommended approval; and,
WHEREAS, during a duly noticed public hearing on November 16, 2004, the
Planning and Zoning COmmission recommended, by a five to zero (5-0) vote, that City
Council approve an SPA amendment to the Aspen Meadows Specially Planned Area
(SPA) and an amendment to the Aspen Institute's GMQS exemption for an essential
public facility to allow for the construction of a Conference and Meeting Hall in the place
of the unbuiJt lodge structure on Lot I A, of the Aspen Meadows Subdivision/SPA; and,
WHEREAS, the Aspen City Council [mds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal is consistent with the goals and elements of the Aspen Area Community Plan; and,
111111111111111111 11I11 I111 11111111111111111111 11111111 ~~;~~:;! ~ 0. 16'
SILVIA Dj:WIS PITKIN COUNTY CO R 46.00 D 0.00
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11I111111I111I111I11111111111111I1111I11111I11111~ /11/ ~~;~ ~~:~ 70.05
SILVHI DAVIS PITKIN COUNT\" CO R 31.00 0 0.00
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 as follows:
Section 1
That City Council hereby approves an SPA amendment for the Aspen Meadows
Specially Planned Area (SPA) and an amendment to the Aspen Institute's GMQS
Exemption for an essential public facility to allow for the construction of a Conference
and Meeting Hall on Lot lA of the Aspen Meadows Subdivision/SPA, with the following
conditions:
I.
A amended SPA agreement representing the changes to the Aspen
Meadows Subdivision/SPA discussed herein shall be recorded at the
Pitkin County Clerk and Recorder's Office within 180 days of the [mal
approval by City Council,
2.
An amended SPA Plan shall be recorded in the Pitkin County Clerk and
Recorder's Office within 180 days of the final approval by City Council
shall include the following:
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a. A [mal plat meeting the requirements of the City Engineer and
showing: easements, encroachment agreements and licenses (with the
reception numbers) for physical improvements, and location of utility
pedestals.
b. An illustrative site plan of
improvements, landscaping,
requirements as approved,
the proj ect showing the proposed
parking, and the dimensional
c. A drawing representing the project's architectural character.
3. The dimensional requirements approved for the Conference and meeting
Hall are as follows:
Per Final SPA Plans
Per Final SPA Plans
11,917 SF
Per the Meadows SPA approved
pursuant to Ordinance No. 14, Series
ofl99l
1111111111111111111111111111111111111111111111111111111 ~:~~~~~~~ ~0 .16'
SILVIA DI=lV15 PITKIN COUNTY CO R 46.00 0 0.00
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111111111111111111111111111111111111111111 filII 11111111 ~~;~~~~!; 0; 05
SILVIA DAVIS PITKIN COUNTY CO R 31.00 00,00
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution, as well
as the Final HPC Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. Building permit plans shall include a detailed plan submitted for
stream margin protection. The detailed plan shall identify; Location of
silt fencing and erosion control along the hillside. The City can
provide specifications if needed: minimum requirements include a silt
fence and straw bales placed in a manner preventing erosion and
protect the river from residual run-off.
e. Building permit plans shall include a detailed plan submitted for
Construction staging. This plan shall detail how the construction will
take place with staging, storage of materials and locations of vehicles
so that trees remaining On site will not be impacted and remain
protected.
f. Building permit plans shall include a detailed plan submitted for Tree
Protection. Tree protection fences must be in place and inspected by
the city forester or hislher designee (920-5]20) before any
construction activities are to commence. No excavation, storage of
materials, storage of construction backfill, storage of equipment, foot
or vehicle traffic allowed.within the drip line of any tree on site. There
should be a location and standard for this fencing denoted on the plan.
g, Proposed art wall will need to be identified on site plans and
constructed in a manner that impacts the least amount of existing
vegetation. Construction plan for wall shall include tree removals and
protection.
h. AI! new plantings will need to be irrigated and landscape plan
reviewed by Parks Department
i. A restoration plan should be developed for the disturbed areas around
the terrace and patio.
J. 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
3
11111111111111111111111 1111111111 111111 "'1111111111111 ~~~~~~! i0; 16.
SILVIA DAVIS PITKIN COUNTY CO R 46.00 0 0.00
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SILVIR DAVIS PITKIN COUNTY CO R 31.00 0 0.00
system is required, a soil percolation report will be required to
correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements.
k. A construction management plan pursuant to the requirements
specified in Condition No, 9 included herein.
I. A fugitive dust control plan to be reviewed and approved by the
Environmental Health Department, as detailed in Condition No. 4
included herein.
5. Throughout the structure, the Applicant shall install a fire alarm system
meeting the requirements of the Fire Marshal. The Applicant shall also install
a fire sprinkler system that meets the requirements of the Fire Marshal.
6. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community
Development Director stating that all conditions of approval have been
read and understood.
b. An tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks
Impact fee is finalized, those fees shall be payable according to the
agreement.
ili
7. The Applicant shall submit to the Environmental Health Department a fugitive
dust control plan which includes, but is not limited to fencing, watering of
disturbed areas, continual cleaning of adjacent paved roads to remove mud
that has been carried out, or other measures necessary to prevent windblown
dust from crossing the property line or causing a nuisance. This shall be
required with the submittal for building permits.
8. The Applicant shall comply with the City of Aspen Water System Standards,
with Title 25, and with 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.
9. The Applicant shall comply with the Aspen Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains)
to sanitary sewer lines shall be allowed, All improvements below grade shall
require the use of a pumping station.
10. The Applicant shall abide by all noise ordinances. Construction activity is
limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday.
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SILVI~ DAVIS PITKIN COUNTY CO R 31,00 00.00
11. There will be no construction material or dumpsters stored on the public
rights-of-way unless a temporary encroachment license is granted by the City
Engineer. In addition, the Applicant shall submit a full set of construction
management plans that are consistent wiih the City Construction Management
Plan Guidelines at the time of building permit submittal.
12. The Applicant shall submit a food service plan for review by the
Environmental Health Department and obtain a food service license if
required, prior to serving food from the catering kitchen. If determined to be
necessary by the Aspen Consolidated Sanitation District, the Applicant shall
install an oil and grease interceptor in the catering kitchen.
13, All exterior lighting shall meet the City of Aspen Lighting Code pursuant to
Land Use Code Section 26.575.150, Outdoor Lighting, as may be amended
from time to time.
14. The applicant has agreed to meet with representatives of the Pitkin Green
Homeowner's Association to discuss screening measures for the new building.
Section 2:
That the 1,500 undeveloped square feet remaining from the Conference and Meeting Hall
(given it's slightly smaUer dimensions than the previously approved lodge structure) be
reserved for future expansion of the Health Club located on the same campus, subject to a
Substantial SPA Amendment.
Section 3:
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 4:
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 conducted and concluded under such
prior ordinances,
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
111111111111111111111111111111111111111111111111111 111I ::~~~~;t ~0. 16.
SILVIA DAVIS PITKIN COUNTY CO R 46.00
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SILVIR DAVIS PITKIN COUNTY CO R 31.00 D 0.00
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Section 6:
A public hearing on the Ordinance shall be held on the 13th day of December, 2004, at
5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15)
days prior to which hearing a public notice of the same was 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 ofthe City of Aspen on the 22nd day of November, 2004.
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Helen K. KJanderud, Mayor
Approved as to form:
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SILVIA DR~IS PITKIN COUNTY C~ERK , RECORDER
REC
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ORDINANCE NO. 14
(Series 1991)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING FINAL APPROVAL OF THE ASPEN MEADOWS SPECIALLY PLANNED
AREA (SPA) FINAL DEVELOPMENT PLAN, SUBDIVISION APPROVAL, REZONING
AND ZONING MAP AMENDMENTS, RESIDENTIAL GROWTH MANAGEMENT ALLOT-
MENT, EXCESS GROWTH MANAGEMENT ALLOTMENT, GROWTH MANAGEMENT
EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, CONDOMINIUMIZATION,
AND VESTING OF DEVELOPMENT RIGHTS.
WHEREAS, that real property commonly known and referred to
as the "Aspen Meadows" has previously been designated a specially
planned area (SPA) on the City of Aspen Official Zone District
Map; and
WHEREAS, a master plan for the Aspen Meadows was adopted as
a component of the Aspen Area Comprehensive Plan in September,
1990; and
WHEREAS, the City has received a comprehensive development
plan for the Aspen Meauows known as the Aspen Meadows Final
Specially Planned Area (SPA) Development plan SUbmission
(hereinafter the "Plan"); and
WHEREAS, on December 20, 1990, after review and approval and
upon recorr~endation of the Planning Department and the Aepen
Planning and Zoning commission, the Plan received conceptual
approval, subject to conditions, by the City Council pursuant to
the procedure set forth at Section 24-6-205(A) (8) (b) of the
!lUnicipal Code; and
WHEREAS, Savanah Limited partnership, in conjunction with
the Aspen Institute for Humanistic studies (the "Institute"), the
Music Associates of Aspen ("MAA"), and the Aspen Center for
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8-762 P-812 09/30/9~ 10,\9A PG ~
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Physics ("Physics"), hereinafter jointly known as the
"Developer", submitted an application tor a residential Growth
Managsment Quota System allotment ae a component of the Plan on
February 15, 1991; and
WHEREAS, on March 4, 1991, the Developer submitted to the
Planning Department a proposed final SPA development plan for the
Aepen Meadows incorporating requests for subdivision approval,
text amendments to the municipal land use code, requests for
rezoning and zoning map amendments, growth management exemption
for essential public,facilities, conditional use approvals for
attached af!ordable housing units, and special review approval
for parking in an academic (A) zone district; and
WHEREAS, the Developer's proposed final SPA development plan
has been subjected to review and comments by the Engineering,
Water, Parks, and Environmental Health Dspartments for the city
of Aspen, as well as review and comments by the Fire Marshal,
Sanitation District and Aspen/Pitkin County Housing Authority;
and
WHEREAS, the Aspen Planning and Zoning Commission has
reviewed the Developer's development plan in accordance with
those procedures Bet forth at Section 24-6-205(A) (8) (c) of the
Municipal Code and did conduct public hearings thereon on April
., 9 and 16, 1991: and
WHEREAS, upon review and consideration of the Plan, agency
and pUblic comment thereon, the review undertaken and comments of
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B-7&2 P-813 09/30/94 10:19A PG 3
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the Plan as provided by the Historio Preservation Committee
relevant to design, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division e of
Article 7 (specially Planned Area), Division 10 of Article 7
(SUbdivision), Divisions 2,3 and 4 of Article 7 (Permitted,
Conditional and Special Review uses, respeotively), Division 11
of Article 7 (Text Amendments and Zoning Map Amendments), and
Article B (Growth Management Qucta System), the Planning and
Zoning commission has recommended final approval of the Plan,
subject to conditions, to the city Council; and
WHEREAS, pursuant to the Growth Management Quota System the
Planning and Zcning commission evaluated and scored the residen-
tial component of the Plan, consisting of fourteen (14) units, at
33.85 points, thus, meeting minimum development approval
threshold and, additionally, awarded the Plan 1.93 bonus points
as allowed under Section 24-B-I06(E) (6) of the Munioipal Code,
thus, giving the Plan a total GMQS score of 35.7B points; and
WHEREAS, ths Planning and zoning commission further granted
conditional use approvals for four affordable housing units
associated with the residsntial component of the Plan and special
review approval for parking in an academic (A) zone district; and
WHEREAS, on April 16, 1991, the Planning and Zoning Commis-
sion, after public hearing, incorporated its approvals, condi-
tional approvals, and recommendations into Resolution No. 91-10
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B-762 P-814 09/30/94 10:19A PG 4
OF 28
and forwarded same to city Council in accordance with Section 24-
6-205 (A) (8) (c) of the Municipal Code t and
WHEREAS, the city Council finds that the public interest
would not be served by affording phased GMQS development allot-
ments under the Plan and that an excess GMQS development allot-
ment as permitted by Section 24-8-103(B) of the Municipal Code is
desirable and warranted; and
WHEREAS, the City Council has reviewed and considered the
Plan under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those recommenda-
tions and approvals as granted by the Planning and Zoning Com-
mission and the Historic Preservation Committee, and has taken
and oonsidered publio comment at publio hearing; and
WHEREAS, the City Council finds that the Plan meets or
exoeeds all applicable development standards and that approval of
the Plan, with oonditions, is consistent with the goals and
elements of the Aspen Area Comprshensive Plan and the Aspen
Meadows Master Plant and
WHEREAS, the City Counoil finds that this Ordinanoe furthers
and is neoessary for publio health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
seotion 1
Pursuant to Section 24-7-8048 of the Municipal COde, and
subject to those oonditions of approval as specified hereinafter,
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8-7&2 P-815 09/3~/94 10.19A PG 5
OF 28
the city council finds as follows in regard to the Plan's spe-
cially planned area development component:
1. The Developer'S final plan submission is complete and
sufficient to afford review and evaluation for approv-
al.
.. The Plan is compatible and enhances the mix of devel-
opment in the immediate vicinity of the Aspen Meadows
and the proposed land uses as approved hereinbelow are
deemed to be appropriate and allowable in their under-
lying zone districts as authorized by an SPA overlay.
J. The plan incorporates and provides sufficient public
facilities and roads for the requested development, and
provides significant open space, trails and public
amenities for the residents and users of the develop-
ment.
The Aspen Meadows is generally suitable for the
requested development in terms of topography and the
Plan creatively employs land planning techniques to
preserve view planes and avoid adverse environmental
impacts.
5. The Plan will not require the expenditure of excessive
public funds in order to provide public facilities for
the development or its surrounding neighborhoods.
4 .
6. The Plan is' consistent with the Aspen Area Comprehen-
sive Plan and the Aspen Meadows Maeter Plan.
7. The Plan demonetrates good and sufficient cause to
remove the SPA designation for that portion of the
Aspen Meadows property that is to be conveyed to the
city and to adjust the current SPA boundary accord-
ingly.
Section .
Pursuant to the findings as set forth in Section 1 above,
the city council grants final SPA development plan approval for
the Plan eubject to the following conditions:
1.
A detailed construction timeline incorporating a
specific construction schedule for the installation of
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OF 28
the new Meadows Road shall be submitted to and approved
by the Planning and Public Works Departments prior to
staff approval of the final plat. Upon completion of
the new Meadows Road, all construction traffic associ-
ated with the development shall use and be rerouted to
the new Meadows Road.
The applicant shall provide 97 parking spaces at the
West Meadows facilities pending construction of the
West Meadows parking structure.
The Developer shall conduct a review and provide a
written report of the development's traffic mitigation
plan to the Planning Director on the anniversary date
of the final passage of this Ordinance in years 1992,
1994, 1996, 1998 and 2000, and shall continue to con-
duct and provide such reviews and reports every two (2)
years thereafter unless deemed unnecessary by the city
Council. Such report shall inClUde, but not be limited
to, traffic counts on Seventh Street, number of van
trips pursuant to the development's traffic mitigation
plan, charter vehicle use, passsnger counts and desti-
natione arising from the use of the Aspen Meadows
facilities. The review and report shall also incorpo-
rate data and information from the Roaring Fork Transit
Authority (RFTA) illustrating its service to the Aspen
Msadows facilitiss. The city will review the report
and may require modifioation to the development's
traffio mitigation program, including the addition of
reasonable new mitigation measures. All modifications
of the traffic mitigation plan shall be approved by the
Planning and Zoning Commiesion at a public hearing.
4. The shuttle van system as inoorporated into the devel-
opment's traffic mitigation plan shall be operated by
that company or entity operating the lodge facility.
2.
3.
5. Delivery vehioles and delivery routes serving the
reetaurant facilities shall be limited to those hours
of delivery and routes as delineated in the develop-
ment's traffic mitigation plan, except when severe
weather or circumstances beyond the control of the
lodgs/restaurant operator requirs a deviation there-
from. The restaurant/lodge operator shall insure and
enforce the delivery hours and routes by contractual
obligation with its goods and services providers.
The thirteen foot (13') servioe access/emergency loop
drive serving the chalets shall be constructed with an
6.
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B-762 P-817 09/30/94 10'19A PG 7
OF 28
all weather surtace adequate to support fire-tighting
apparatus. Such access/emergency loop drive(s) shall
be plowed, cleared and maintained to 13' widths at all
times ot the year and particularly during the winter
months.
All buildings to be served and accessed from the 13'
access/emergency loop drive shall have interior sprin-
kling tire protection/suppression systems as approved
by the Fire Marshal and such system(s) must be approved
prior to the issuance of a building permit.
8. Specific fire hydrant locations for the development
shall be established and approved in cooperation with
the Fire Marshal prior to the issuance of a building
permit.
7.
A detailed tree removal and replacement plan shall be
submitted to and approved by the city Parks Department
prior to etaff approval of the final plat. Such plan
shall indicate all trees to be moved or removed, their
size, location, species, and time of planting, trans-
planting, or removal. All tree replacement shall be on
a one-to-one caliper inch basis with minimum size at 1
1/2" caliper.
10. The final plat shall depict all trails dedicated or
conveyed to public use and all easements linking off-
site trails to the development's trail system. The
final plat shall particularly note (1) an easement for
a trail link from the racetrack, and (2) the trail
between the tennis townhouses and restaurant as'depict-
ed on the Master Plan. Exact trail locations must be
approved by the Planning Director giving priority to
those alignments which minimize damage or disruption to
existing vegetation and landscape and which subordinate
grade considerations and, thus, minimize switchbacks,
to the preservation of existing topography. As-built
easements shall be executed and conveyed after trail
construction.
9.
11, There shall be no interconnection of non-treated water
systems to potable water systems.
12. Pursuant to Section 23-53(g) of the Municipal Code, the
Developer shall convey all rights, titles, easements
and interests to the si Johnson DitCh and water right,
water wells and appurtenant water rights on the Aspen
Meadows property to the city. The city shall, in
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8-762 P-B1B 09/30/94 10.19A PG 8
OF 28
exchange, lease back to Developer, or its successor(s)
in interest, raw water from those sources for irriga-
tion use within the development in an amount equal to
that amount of water reasonably necessary for the
efficient irrigation of the lands historically irrigat-
ed, not to exceed the amount of water conveyed to the
City by the Developer. Developer shall pay to the City
its pro rata share of operation, maintenance and repair
costs, plus One Hundred Dollars ($100.00) per year.
Ths lease as noted above shall not eubordinate the use
of the water right to the emergency needs of the city
for minimum stream flows, hydroelectric power, or
municipal purposes.
13. The Developer shall install at its own cost a water
distribution system for the development meeting no less
than the minimum design, engineering, materials and
construction standards of the City for domestic munici-
pal and fire protection purposes and shall convey same
to the city upon completion, inspection and acceptance
by the City. Developer shall also convey to the City a
perpetual twenty foot (20') as-built easement extending
ten feet (10') from each side of the centerline of all
newly constructed water lines, and a construction
easement extending an additional five feet (5') on each
side of the centerline, along with a similar twenty
foot (20') easement and construction easement for the
future installation of a connector main to the existing
city water main in Black Birch Drive.
14. Drainage design for the development shall not inten-
tionally direct run-off into irrigation ditches or
ponds.
15.
All residential units shall comply with fireplace
regulations as contained in the Municipal Code and
enforced by the Environmental Health Department. No
building permtts shall be issued for residential units
absent compliance with fireplace regulations. All
disputes concerning the application or interpretation
of fireplace regulations to the development shall be
subject to review and determination by the Clean Air
Board. .
16.
Prior to the iesuance of a building permit for each
component of the project, a drainage mitigation plan
for that component for run-off during construction
activity shall be submitted and approvsd by the City
Engineer so ae to insure against or minimize run-off
into Castle Creek and the Roaring Fork River.
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8-762 P-81~ 09/30/94 10~19A PG 9
OF 28
17, Prior to the issuance of a building permit for each
component of the project, a fugitive dust control plan
for that component must be submitted to and approved by
the Environmental Health Department and such state
agencies as having jurisdiction over same.
18. A fugitive dUst plan must be submitted and approved by
the Environmental Health Department for the MAA parking
lot prior to issuance of a building permit for the MAA
rehearsal facility.
19. All energy conservation and efficiency measures as
represented by the Developer in its GMQS application
regarding insulation, glazing, Bolar orientation, HVAC,
and plumbing fixtures shall be incorporated into all
residential units and the design(s) for same must be
approved by the city prior to issuance of any building
permit for residential construction. These measures
shall be further incorporated into deed restrictions
and/or covenants for all single family homes and condo-
minium declarations.
20. Non-residential construction and facilities shall
utilize state-of-the-art energy conservation and effi-
ciency measures ae represented by the Developer.
Accordingly, detailed plans submitted for building
permits for the lodge structures and the MAA rehearsal
hall must be accompanied by the energy information
provided to staff in the Appropriate TeChnologies
Associates' letter of May 3, 1991, and the MAA/Rehears-
al Hall Energy conservation Description document eub-
mitted to Planning staff on May 20/ 1991. The engi-
neered thermal envelope calculation will be verified by
the Building Department according to the Model Energy
Code.
The Developer shall pay to the city an affordable
housing mitigation impact fee for 16.69 low income
employees associated with ten new residential unite,
eeven on Lot 6 and three on Lot 5, in an amount to be
calculated pursuant to those fee guidelines in effect
at the time the fes is to be paid. The fee shall be
paid prior to the issuance of a building permit for any
residential construction and shall be paid in amounts
reflecting and corresponding to the number of residen-
tial units sought to be permitted at any given time
(1.66 per unit).
21.
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8-762 P-820 09/30/94 10:19A PG 10 OF 28
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22. Developer shall construct replacement and/or additional
fox dens in a manner and at locations to be selected in
the field by the City, in consultation with the Direc-
tor of the Aspen Center tor Environmental studies,
prior to the issuance of any building permits for
dsvelopment under the Plan, or any other demolition or
construotion within the dsvelopment area, to wit, ths
Aspen Meadows.
23. Revegetation of all areas developed pursuant to the
Plan shall be implemented in accordance with those
guidelines as set forth by Design Workshop in its
letter of 3/21/91, which letter is incorporated herein
as if tully set forth. All revegetation shall be
inspected and monitored by the City to ensure that
revegetation efforts and the protection of same are
successful.
24. New manicured lawn areas shall be minimized to the
maximum extent possible, except in those areas adjacent
to the Music Tent, and such areas must be depicted and
approved on the final plat.
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26.
25. Prior to excavation, temporary construction barricades
and or fencing shall be erected within five feet of the
building envelopes of the tennis townhomes and trustee
townhomes to prevent damage trom falling debris to the
slope bordering same unless unstable soils dictate
alternative locations mutually agreed upon by the
owner, the Building Department and the Planning Office.
Prior to issuance of building permits for individual
buildings, the locations of all fencing and barricades
shall be submitted to and approved by the Building
Department and the Planning Office. All fencing and
barricades shall remain in place throughout the con-
struction process.
Financial assurances in amounts and in forms acceptable
to Developer and City shall be provided by Developer to
ensure the satisfactory installation and completion of
the new Meadows Road, all utility infrastructure,
including water lines, the trail along old Meadows
Road, and the. parking facility. That portion of the
above-referenced financial assurances reasonably found
by the Public Works Director to be related to the work
for which a permit is sought must be in place prior to
issuance of that building permit.
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8-7&2 P-821 09/30/94 10,I9A PG 11 OF 28
27. The fOllowing language shall be included in the
SPA/Sul:>divis!on Agreement: "Any SPA or Master Plan
amendment or future development applications submitted
by any non-profit user of the Meadows property (Lots 1,
2, and 3) shall be applied for jointly by all non-
profit property owners. This shall supersede prior
requirements requiring SPA sul:>mittal approval by all
property owners. Similarly any SPA ADendment proposed
to be sul:>mitted by any residential owner or association
thereof shall require, in addition to the consent of
ths association of owners of the residential component
involved, the approval of the resident non-profits of
the SPA."
28. Public pedestrian accees, exclUding access to build-
ings, will continue to bs allowsd at reasonable hours
throughout the entire academic (A), open space (OS),
and wildlife preservation (WP) zone district areas of
the Aspen Meadows development, subject to reasonable
regulations as established by the owners thereof in
order to protect their property, as well as the academ-
ic privacy and serenity of the campus, its programs and
the health and safety of other users and visitors.
29, The MAA parking lot shall be plowed and kept clear of
snow during all wintertime performances or functions at
MAA facilities.
30.
Pursuant to Section 24-7-804(0) (4) of the Municipal
code, the final plat, which shall, at a minimum, con-
sist of final drawings depicting the site plan, land-
scape plan, utility plan and building elevations, and a
specially planned area (SPA) agreement, shall be re-
corded in the office of the pitkin county Clerk and
Recorder and shall be binding upon the property owners
SUbject to the development plan, their successors and
assigns, and shall constitute the development regula-
tions for the property. Development of the property
shall be limited to the uses, density, configuration,
and all other elements and conditions set forth on the
final development plan, and in this ordinance and the
SPA agreement. Failure on the part of the Developer to
record the final development plan, plat, and SPA agree-
ment within a period of 180 days following the adoption
date of this Ordinance shall render the development
plan and plat in valid. If the 180 days lapse, recon-
sideration of the final development plan, plat and SPA
agreement by the Planning and zoning commission and
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B-762 P-S22 09!30/9~ 10:19~ PG 12 OF 2S
City Council will be required before its acceptance and
recording.
Section 3
Pursuant to and by reason of the findings and conditions of
approval as set forth above in Sections 1 and 2, specially
planned area (SPA) designation for the portion of the Aspen
l1eadows property to be conveyed to the City is hereby removed and
the city's Official Zone District Map shall be amended to reflect
such removal.
Section 4
Pursuant to section 24-7-1004C of the Municipal Code, and
sUbject to those conditions of approval as specified hereinafter,
~ the City council finds as follows in regard to the Plan's subdi-
vision development component:
e
1.
The proposed subdivision is consistent with both
the Aspen Area Comprehensive Plan and Aspen Mead-
ows Master Plan and is, furthermore, consistent
with the character of existing land uses in the
adjoining areas.
The proposed subdivision will not adversely affect
the future development of surrounding areas and
will be in substantial compliance with all re-
quirements of Chapter 24 of the Municipal Code.
The proposed subdivision is compatible and suit-
abls with ths topography of the area and will not
present or create a threat to the health, safety
or welfare of the residents or neighbors of ths
subdivision.
2.
3.
4.
The proposed subdivision does not create spatial
patterns that cause inefficiencies, duplication or
premature extension of public facilitiss or unnec-
essary public costs.
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8-7&2 P-823 09/30/94 10e19A PG 13 OF 28
5. The proposed new Meadows Road has the primary function
of providing access to abutting property and will not
carry through traffic, thus, warranting its designation
as "local street".
Section 5
Pursuant to the findings as set forth in Section 4 above,
the city council grants final subdivision approval for the Plan
SUbject to the following conditions:
1. The new MeadOWS Road shall be dedicated as a pub-
lic street from its intersection with Seventh
Street and North Street to the south boundary of
Lot 6. Right-of-way width, grades and intersection
design shall be subject to inspection and approval
by the city Engineer prior to staff approval of
the final plat.
Irrevocable legal access to the new Meadows Road
must be provided where necessary to all existing
and future properties abutting that portion of the
old Meadows Road that may be vacated and all ease-
ments for such access shall be depicted on the
final plat.
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2.
3.
All property exchanges between the Savanah Limited
Partnership, the Institute, the MAA, and Physics
shall be effectuated simultaneously with the re-
cording of the final plat.
All sanitary sewer improvements as installed in
the development area shall bs inspected and ap-
proved to the satisfaction of the Aspen Sanitation
District.
4.
5.
Complete and detailed utility plans, i.e., elec-
tric, gas, cable T.V., and telephone, shall be
provided to and approved by the Planning Director
and City Engineer at or prior to submission for
recording of the final plat. Additionally, all
utilities shall approve utility design and loca-
tion prior to staff approval of the subdivision
agreement and final plat.
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6.
The final plat shall aoourately reflect all under-
ground utility installations, particularly those
along roadways, trailways and ou1tivated 1andsoap-
ed areas.
7. utility facility installations shall be rsstricted
to roadway, trailway and cultivated landscaped
corridors wherever possible. If utility facility
installations must occur outside of these areas,
such alternate utility corridors shall be fenced
or barricaded to the narrowest width possible so
as to minimize vegetation disturbance or destruc-
tion from construction activities and machinery.
All utility location corridors shall be inspected
and approved by the city Engineer and Planning
Director prior to the issuance of any excavation
per:mit.
B. Vegetation replacement necsssitated by utility
installation shall utilize the sams plant species
as the species of vegetation disturbed or damaged.
All ditches, swales, intermediary ponds and detention
areas shall be subject to appropriate easements for
access and maintenance purposes and be depicted on the
final plat.
10. The Developer shall provide a digitized copy of the
Subdivision plat prior to recordation of the mylar
copies.
9.
11.
Trench box construction methods shall be utilized
for utility installations whenever possible so as
to minimize site disturbance.
12.
The Castle Creek sanitary trunkline shall be lined
unless deemed otherwise by the Aspen Sanitation
District. If sections of the trunRline must be
replaced, such replacement locations shall be
identified to the city Engineer and Planning De-
partment and the least disruptive methods shall be
identified and employed.
Detailed design drawings for the new Meadows Road and
Seventh Street and Eighth street intersections shall be
provided to and approved by the City Engineer prior to
staff approval of the final plat. All design drawings
13.
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shall be prepared by a protessional enginser registered
in the state of Colorado.
14. The speed limit for the new Meadows Road shall be
reduced to a speed below thirty (30) milss per hour as
determined by the city Engineer.
15. The existing old Meadows Road shall be converted to a
psdestrian trial/bikeway with ownership thereto to
remain in the City.
16. Pursuant to section 24-7-1005E of the Municipal Code,
the final subdivision plat and subdivision agreement
shall be reoorded in the offioe of the pitkin county
clerk and Reoorder within 180 days following the adop-
tion date of this ordinanoe. Failure to reoord the
final plat and subdivision agreement within the 180 day
time period shall render the subdivision approvals
grantsd herein invalid. If the 180 days lapse, recon-
sideration of ths subdivision and subdivision agreement
by the planning and Zoning co~ission and city council
will be required before acceptance and recording.
section 6
Pursuant to seotion 24-8-106 of the Municipal Code, the City
council finds as follows in regard to the Plan's residential
G.owth Management Quota System allotment component:
1.
The Planning and Zoning commission has forwarded
to city Council a residential development total
score of 35.78 for the residential oomponent of
the Plan, such score exceeding ths minimum scoring
threshold.
2.
The residential development component of the Plan
was the only development project submitted to the
Planning and zoning Co~ission for 1990 residen-
tial GMQS allotments.
The GMQS residential scoring considered and reflected
the waiver of the six-month minimum lease requirement
as set forth in the applicable condominiumization
regulations.
3.
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e
4. A mUlti-year or phased development allotment would not
serve the best interests of the Plan or the general
pUblic.
5. Section 24-8-l03B of the Municipal Code permits
the awarding of development allotments in excess
of the maximum allotment level in any given year.
6. The Plan as presented by the Developer warrants an
excess development allotment and the Planning
Office has indicated excess development allotments
are available.
7. No challenges to the Planning and Zoning Commis-
sion's scoring or ranking of the Plan's residen-
tial development component have been submitted as
permitted by Section 24-8-l06I of the Municipal
Code.
Section 7
Pursuant to the findings as set forth in section 6 above and
~ in accordance with Section 24-a-106J of the Municipal Code, the
city Council awards and grants the Developer six (6) residential
development allotments from the GMQS allot~ent pool for 1990, and
eight (8) excess residential development allotments to be Off-set
in future years in accordance with Section 24-a-103B of the
Municipal Code.
In accordance with Section 24-a-10a(A) (1) of the MuniCipal
Code, Developer, or its successor in interest, shall be eligible
for exemption from the expiration of the GMQS allotments for
residential Lots 7, 8, 9 and 10 herein awarded upon proper
demonstration that those conditions of final approval and the
public improvements associated with Lots 7, a, 9 and 10 have been
satisfactorily completed.
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8-762 P-827 09/30/94 10.19A PG 17 OF 28
section 8
Pursuant to Section 24-8-104(C) (1) (b), as amended per
ordinance No. 13, (Series of 1991), of the Municipal Code, the
City Council finds as follows in regard to the Developer's
request for Growth Management Quota System development exemption
for essential public facilities:
1. The Institute's proposed development of new lodge
units, expansion of the existing health club,
expansion of the restaurant, and expansion of the
tennis shOp, including rest rooms, is essential
for the revitalization of the Aspen Meadows prop-
erty.
The MAA's proposed expansion of the Music Tent,
the addition of a year-round rehearsal/performance
hall, and expansion of the Music Tent gift shop,
is essential for the revitalization of the Aspen
Meadows property.
2.
3,
The programs and activitieS sponsored and or host-
ed by the Institute and the MAA at the Aspen
Meadows facilities have historically provided
intellectual and cultural enrichment to the citi-
zens of the city of Aspen without Which the City
would not have attained its present character and
standing in the national and international commu-
nity. Furthermore, the Aspen Meadows facilities,
and those of the Institute and MAA in particular,
have served and continue to serve important commu-
nity needs and proposed expansions of same will
only enhance their value and accessibility to the
citizens of the City of Aspen and the general
public.
4. The Institute's and MAA's proposed development
involves essential public facilities, will enhance
existing essential public facilities, and is not-
for-prOfit in nature.
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~
Seotion 9
Pursuant to section 24-8-104(C) (1) (b), as amended per
Ordinance No. 13 (series of 1991), of the Municipal Code, and the
findings as set forth in Section 8 aPove, the City Council awards
and grants Growth Management Quota System development exemptions
from competition and affordable houeing impact mitigation for the
following Plan development on the basis that such development is
for essential public faoilities:
1. Fifty (50) new lodge units of 42,410 square feet,
(Aspen Institute).
2.
e 3.
4.
5.
6.
Health club expansion of 1,800 square feet, (Aspen
Institute) .
Restaurant expansion of 2,000 square feet, (Aspen
Institute) .
Tennis shop expansion, including rest rooms, of
geo square feet, (Aspen Institute).
Music Tent backstage expansion of 1,500 square
feet, (MAA).
The new rehearsal/performance hall of 11,000
square feet, (MAA).
7. Music Tent gift shop expansion of 100 square feet,
(MAA) .
Section 10
Pursuant to Section 24-7-1102 of the Municipal Code, the
City Council finds as follows in regard to the zoning map amend-
ments component of the Plan:
-
1.
The proposed zoning amendments as set forth in the
Plan are not in conflict with the provisicns of
Chapter 24 of the Municipal COde, the Aspen Area
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8-762 P-829 09/30/94 10:19R PG 19 OF 28
Comprehensive plan or the Aspen Meadows Master
Plan.
2. The proposed zoning amendments are compatible with
surrounding zone districts and land uses.
3. The proposed zoning amendments will not adversely
impact traffic generation or road safety when
taken into consideration with the other aspects of
the Plan.
4. The proposed zoning amendments will not adversely
impact demand for public facilities or services
nor adversely affect the environment.
5. The proposed zoning amendments will promote the
public interest and character of the City of As-
pen.
Section 11
Pursuant to Sections 24-7-1102 and 24-7-1103, and Division 2
of ArtiCle 5 of Chapter 24, as amended per Ordinance No. 13
(Series of 1991), of the Municipal code, and the findings eet
forth in section 10 above, the City Council does grant the
fOllowing amendments to the Official Zone District Map and does
designate the following zone districts for the development
subject to the conditions as specified below:
1.
R-MF (Residential MUlti-Family) shall be applied
to Lots 5 and 6 (townhomes).
R-15 (Moderate-Density Residential) shall be ap-
plied to Lots 7, 8, 9 and 10 (single family lots).
WI' (Wildlife Preservation) shall be applied to the
25 acres, more or less, of land conveyed to the
City of Aspen (Lot 4)and to the racetrack area of
the Aspen Meadows property as depicted in the
final SPA development plan submittal.
2.
3.
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B-762 P-830 09/30/94 10:19A PG 20 OF 28
OS (Open Space) shall bs applied to Anderson Park,
the Marble Garden, and the Tent Msadow as depicted
in the final SPA development plan submittal.
5. A (Academic) shall be applied to Lots 1, 2 and 3
within the Aspen MeadOWS owned by the Institute,
MAA, and Physics, except where other zone dis-
tricts have been designated as hereinabove provid-
ed.
4.
6. The zoning designations as specified in paragraphs
1 through 5 above are contingent upon the Develop-
er providing precise survey boundaries of the zone
districts prior to etaff approval of ths final
plat.
7. Pending such time ae the boundaries for the zone
districts as described above are finalized and
accepted, or no longer than six (6) months, which-
ever period is shorter, no building permit shall
be issued by ths Chief Building Official for any
dsvelopment in the Aspen Meadows whioh would be
prohibited by the zoning districts herein desig-
nated and authorized.
Section 12
Pursuant to sections 24-7-804B and D(2) of the Municipal
Code, the City Council finds as tollows in regard to the
Developer's requests for variations from subdivision and SUbdivi-
sion improvement requirements, easement and utility requirements,
design standards for streets and related improvements, and zone
district dimensional and minimum lease requirements:
1.
Ths proposed variations are compatible with exist-
ing development and land uses in the area and
surrounding neighborhoods and are not in oonflict
with the provisions or goals ct the Aspen Meadows
Master Plan.
2.
The proposed variations will not adversely impact
public facilities or public safety.
20
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Section 13
Pursuant to the findings as set forth in Section 12 above
and in accordance with Section 24-7-804D(2), as amended per
Ordinance No. 13 (Seriee of 1991), of the Municipal Code, the
City Council grants the following variations from subdivision
development standards and zone district dimensional and minimum
lease requirements as set forth in the Plan:
1. curbs, gutters and sidewalks need not be provided
within the development.
2. Alleys, paved or unpaved, do not need to be pro-
vided.
Traffic control signs shall be installed at the
intersection of the new Meadows Road and Seventh
and Eighth streets, but no traffic signals need be
provided. Speed zones shall be signed as deter-
mined by the City Engineer.
4. If determined to be necessary by the City Engi-
neer, street lights need only be providsd at the
intersections of the new Meadows Road and Seventh
and Eighth streets. Ornamental street lights are
desirable.
3.
5. No street bridges need be provided. Culverts to
aocommodate irrigation ditches and drainage shall
be installed.
6. Street right-Of-way regarding new Meadows Road
shall only be dedioated at lengths and widths as
determined to be neoessary by the City Engineer.
7. The minimum centerline ourve radius for new
Meadows Road may be reduced to 65 feet at and or
near the intersection of Eighth street, and right-
Of-way widths may be reduced to 40 feet. Maximum
grade may be increased not to exceed 8t. All di-
mensions shall be specified and confirmed on the
final plat.
e.
No street-end dedications need be provided.
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B-762 P-832 '1l!<:l/31l!/<:l" 11l!: 1<:lA PG 22 OF 28
Cul-de-sac dimensions tor Meadows Road may bs
increased to a maximum length of 2,000 feet with a
turnaround diameter at the administration building
of approximately so feet.
10, The new road alignment tor Meadows Road shall
remain "Meadows Road" in name.
9.
11. street trees lining new Meadows Road shall
consist of cottonwoods ot 2 inch caliper
spaced every 30 feet along the east boundary
beginning at the intersection ot Eighth
Strsst and extending north to the tennis
courts.
12. Fire lane and emergency vehicle accese ease-
ments may be reduced in width upon approval
ot the Fire Marshal.
13. utility easement dimensional and location
requirements on lots other than those associ-
ates with the single family lots may be re-
duced or modified upon the approval of the
City Engineer and easements need not be pro-
vided in the absence of actual utility in-
stallations. All proposed utility easements
should be reflected on the final plat.
14. Fire hydrants shall and need only be situated
within 350 feet of all structures.
15. The six (6) month minimum lease requirement
for condominium units as contained at Section
24-7-1007 (A) (1) (b) (1) of the Municipal Code
is waived as to the condominium units as
depicted in the Plan.
16. A dimensional height variation for the center
portion of the Tennis Townhoroes is allowed
for up to 3 feet.
17,
A dimensional height variation for the north-
ernmost Trustse House is allowed for up to a
feet.
18.
Minimum R-15 zone district lot size per
dwelling is reduced to 12,000 square feet for
Lots 7, 8, 9 and 10.
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8-7&2 P-833 09/30/94 10:19A PG 23 OF 28
19. Minimum R-15 zons district sids yard setback
requirements are reduced to zero (0) feet for
the west side of Lot 7 and the east side of
Lot 10.
20. Minimum RMF zone district front yard setback require-
ments for accessory buildings may be reduced to zero
(0) feet for Lote 5 and 6.
21. Minimum RMF zone district open space requirements are
waived for Lote 5 and 6 in consideration of the open
space otherwise provided in the SPA development plan.
Section l4
Pursuant to Seotion 24-7-1007 B of the Municipal Code, the
city Council finds as follows in regard to the Plan's condo-
mi~iurnization component:
1.
The e existing and 3 proposed Trustee Houses
(Lot 5) and 7 proposed townhomes (Lot 6) to
be condominiumized are not presently leased
on a long term basis.
2, A variation in the six (6) month minimum
lease requirement is warranted and has been
authorized pursuant to Section 13 above.
3. The proposed condominiumization will not
adversely impact the availability of afford-
able housing.
Section 15
Pursuant to the findings set forth in Section 14 above, and
in accordance with section 24-7-1007 of the Municipal Code, the
City Council grants and awards condominiumization approval for
the Plan as follows, subject to the conditions as specified
herein:
1.
For eight (8) existing and three (3) proposed
Trustees Houses (Lot 5).
23
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8-762 P-83~ ~9/30/94 10,19A PG 24 DF 28
2 .
For seven (7) proposed townhomes (Lot 6).
3. condominiumization as awarded in this Seotion
is contingent upon the payment of an afford-
able housing impact fee of $64,240.00, which
fee shall be paid to the City Finance Direc-
tor prior to recordation of as-built condo-
minium plats and deClarations.
Section 16
All material representations and commitments made by the
Developer pursuant to the Plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and Zoning Commission, Historic preservation committee
and or City Council, are hereby incorporated in such plan
development approvale and the same shall be complied with as if
fully set forth herein, unless amendsd by other specifiC condi-
tions.
Section 17
The Official Zone District Map for the city of Aspen,
colorado, shall be and is hereby amended to reflect those zoning
and rezonings aotions as set forth in seotion 11 above and such
amendments shall be promptly entered on the Official Map in
accordance with section 24-5-1036 of the Municipal Code.
Section IS
Any development or proposed development in the Aspen Meadows
not vested in accordance with law prior to the effective date of
this Ordinance ehall comply with the terms and provisions of the
24
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8-7&2 P-835 09/30/94 10i19A PG 25 OF 28
zone distriots and oonditione or development adopted pursuant to
this Ordinanoe.
section 19
Pursuant to seotion 24-6-207 or the Municipal Code, City
Counoil does hereby grant Developer vested rights in the Plan as
follows:
1.
The righte granted in the site speoifio de-
velopment plan approved by this ordinanoe
shall remain vested for three (3) years from
the date of final adoption speoified below.
However, any failure to abide by the terms
and oonditions attendant to this approval
shall result in forfeiture of said vested
rights. Failure to timelY and properly re-
cord all plats and agreements as specified
herein and or in the Municipal Code shall
also result in the forfeiture of vested
rights.
2.
The approvals as granted herein are subject
to all rights of referendum and judicial
review.
3. Nothing in the approvale provided in this
Ordinance shall exempt the site specific
development plan from subsequent reviews and
or approvals required by this ordinance or
the general rules, regulatione or ordinances
of the City provided that such reviews or ap-
provals are not inconsistent with the approv-
als granted and vested herein.
The establishment herein of a vested property
right shall not preclude the application of
ordinances or regulations Which are general
in nature and' are applicable to all property
subject to land use regulation by the City of
Aspen including, but not limited to, build-
ing, fire, plumbing, electrical and mechani-
cal codes. In this regard, as a condition of
this site development approval, the Developer
shall abide by any and all such building,
fire, plUmbing, electrical and mechanical
4.
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&-7&2 P-83& 09/30/94 10:19A PG 2&
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codes, unless an exemption therefrom ie
granted in writing.
section 20
The city Clerk shall cause notice of this Ordinance to be
publiehed in a newspaper of general circulation within the city
of Aspen no later than fourteen (14) days following final adop-
tion hereof. Such notice shall be given in the following form:
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 Title
24, Article 68, Colorado Revised statutes, pertaining
to the following-described property:
The property shall be described in ths notice and appended to
said notice shall be the ordinance
granting such approval.
Section 21
The city Clerk is ,further directed to record a copy of this
ordinance in a timely manner aftsr its final adoption with the
pitkin County Clerk and Recorder.
Section 22
This Ordinance shall not effect any existing litigation and
shall not operate ae 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.
26
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B-7'2 P-837 09/30/94 le.19A PG 27 OF 26
Section 23
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 24
~
Public hearing(s) on the ordinance shall be held on the /~
day of ;?/7~ ' 1991, in the city council Cham-
bers, Aspen City Hall, Aspen, Colorado.
INTRODUCED,
the city council
~
READ AND ORDERED PUBLISHED as provided by law by
of the City of Aspen on the 01'1 day of
~/~
william L. stirling, Mayor
, 1991.
,~':M~~ '
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K~~t~h' City clerk
COt Ii ~Lril ADOPTED, passed and approved this ln~y of
\\"
, '~I, I , II
, 1991.
~,~~
William L. stirling, Mayor
27
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Ka~hryn . Koch, City Clerk
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374793
B-7~2 P-838 09/30/g4 10,19~ PG 28 OF 28
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WHEREAS, the Historic Preservation Commission reviewed and considered the
Development Proposal at its regular meetings of October 13 and October 27, 2004, and as
a referral agency recommended approval of the Development Proposal; and
WHEREAS, the Aspen Planning and Zoning Commission conducted a public
hearing on the Development Proposal on November 16, 2004, in accordance with
Sections 26.440.080 and 26.470.120 of the Code, and reviewed and considered the
Development Proposal in accordance with all applicable procedures and review criteria
of the Code, and recommended approval of the Development Proposal; and
WHEREAS, the Aspen City Council conducted a public hearing on the
Development Proposal on December 13, 2004, in accordance with Sections 26.440.080
and 26.470.120 of the Code, and reviewed and considered the Development Proposal in
accordance with all applicable procedures and review criteria of the Code, and approved
Ordinance No. 45 (Series of2004) approving the Development ProposaL
NOW, THEREFORE, be it resolved that the SPA Agreement is hereby amended
to provide as follows:
I. Applicant shall abide by the provisions of Aspen City Council Ordinance No.
45 (Series of 2004), incorporated herein and attached hereto.
2. Applicant shall record an Amended SPA Plat in accordance with Aspen City
Council Ordinance No, 45 (Series of2004). Said plat is recorded in Plat Book
~ at Page '-L- as Reception No. jtYtd '7t in the Office of the
Clerk and Recorder of Pitkin County, Colorado.
3. All other provisions of the SPA Agreement shall remain unchanged.
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day
and date first above writtcn.
ATTEST:
CITY OF ASPEN, COLORADO
a munic' on
Kathryn S.
MUSIC ASSOCIATES OF ASPEN dfb/a ASPEN CENTER FOR PHYSICS
/:m~oo\;
SPAAmendmenl:!~~
e- President
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Pr0;:>crty, subject to rCJ"'0cab]~ rC1;ulalilms as 111:IY. from lime to lit1lL', h.
established by the owners 111t:fcofin order to protCL"1 their I'f(lpcny. a.s \\t'il ;]', lhe
academic pri\'Jcy <lnd scrcni!y of lh(' campus. il'i pwgr;\rn\ al1d Ill:.: hl\dth ;l1ld
s.1fcly of other users and \-i<;ilors.
l..l.l :-.fA:\ Parkin!! L0L The M,\A parkmg lot sh:1I1 be plow..:d ;:nJ k::j'll,;lI.;;\r.,f Sr'IJ\\'
during all wintertime pcrjorm~mccs or functions at ~.f:\A f;l\,:ilitic:-.
1II. ~lISCr!.L\:-;Fl.l.L~
A. pERIODIC PROJrTT REVt:;\VS
To tl:c extent practical ar:J nct'';:'l.~<lIY. CVf.:I) ~:.v months followin!! lb.: dale I1cn.'l,r until
the construction Of;li1 compClncnt:i of the Pr<.jcct is compl.:lc. tlil' Cnnsort:,:m ...hall. if
requested ihereby. meet with the City Planning Office for the purpose of il1fornll,l~~ lh~
Plannmg Office as to the progress in developing thc Prnje,:t ;1LJrS~I:l:1! to the terms hercof.
if the Planning Officc decms it necess:!.ry. the jli.mning Office will repnr( to the A.~i1cn
Pl:!nning and Zoning Commission on HIe outcome of one or more of IhL'sc l11ct:tings,
The Consortium and tile City recognizc tll:1t these meetings. whl~n deemed lleCeS\~\r:.. are
for purposes of providing progress reports and de\'e10ping nlulu:!.lly accc[1t:\blc Soluiions
to any problems that may he rncountcrcd during constr.!uion.
B.
i'o:ON-r:c)~IPU)\NCE AND REOUEST FOR A~IEN[)W,NTS OI~ F\:TENSIONS
in the event that the City iJetcnnincs that an individual member of tile Consortiulll is not
acting in suhstanti~! .:ompliancc with the terms of this Agreement ;\J1d/oi cne or more or
thc Constr"Jclio!1 Schedules submitted to the City Engineering Department in acconbnce
herewith (a "Non-Complying I\.fcmherlt). the City Council may issue and serve upon the
Non-Complying Member a written order ~;pe~;f;<,lg the alleged non.coll1pliancc and
icq!.liring the Non-Complying I\1cmhcr to remcdy the s;).me within sllch Tcasonabl~ time
as thc City Council may detcrminc. Within lwenty days of the receipt of such order, the
Non-Complying Member may fil~ with the City Council either a notice advising the City
Council that it is in compli::nce or a wrillen petition requesting a hearing to determine
any onc or both of the follow,ng matters;
(J) \Vhether the alleged non~colllpli.ance exists or did c;;v.ist. or
(b) \Vhcther a ':ariance. extension of time or amendmcnt to t!lis Agreement should
be grantee \',;ith respect to any such n('ln.compliancc \vhich is determincd to exist.
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L!;,'Jn the receipt or such petition. ihe Ci;y Cotlncd :-.!:all pmmptly scl1cdulc a hearing to
c(Illsider th,~ m~mcrs set forth in the CCJSC and desist ordcc and in th~ petillon. The
hC;'1ring sh;JI be convened and conducted pursuant to the pro,:~durcs normally cst:Ibli~hcd
by the Cily Council for other hearings or pursuant to such other procedures, fOrlnal or
informal. upon which the City and the ~on-Cor.lplying ~.fcmbcr shall a~rc('. 11 the City
Cotlncil .Jctcrmincs by the evidence that a non-compliance exists whidJ has not been
rCPlcdiciJ. it may issue such orders as may be appropriatc~ pr~lt.'dcd. howc'o'cr. no 0rdcr
l;:rminJ'.ing any approval granted ilcn.:in shall be issued \\'il!:l" ; :~ !:i1ding of the City
Counci', that cv:dence Wai"rants such action and affording the Non-Complying Member
J rcasr,nablc time. not less than thirty days, to remedy such non-compliance. :\ final
dClCnnination of nnfl-compliance which has not been remedied or (N \\')~;c:h no \"Jriimcc:
has b('cn grJntc<! mny. at the option of tile City Council. and "1)011 ',i:ritten noticc to ti~e
0.'(lIl-I.~ol:'r1ying r-.fc'dlL'r. termin(,ll: any of the approvais conlai:lcd herein which :m.:
n:aspnably rcl~ll,~d :0 the r('quirCn1e,1\f';) with which there Iws b~cn sudl cst:lblislh.'li 110n-
Clllllpliancc; :1O\'.'e\'cr. Wider no cirCUIl1<;t.lnccs will a failure 10 comply 011 the part of t:1C
~on-(\lmplying. r-.tembcr i:-: rcspec! oj" ar.y oblig~tions that :rrend lhat compon>::nt of 1,llc
f'ro,:,cct fM which it is responsible as outlillcd 3bo\'e. affcC'! tile app;o\'als for any of the
r.:maining. components of tl!;.; Prl'.iect. The City Council may frant su::l1 \'ari;lOccs,
c-xtC'nsions of time or ;!lr::lld;:1enrs 10 this Agreement as it may deem appropriate under
tl;c cireurnstarces as an alternative di~::,csilioi1 of any finding of nOf\.compliance.
In addition to the foregoing. the Consortium or its ~t1CCCssors or a'\:;:~I1S, or ~Il1Y member
llll:,"'cof may. on its or their own init:ativc, pctitiOll lne City Council for a v:!riancc, an
:unc!1drnent to thi$ Agreement. or an. C~!cn:;ion of Olll: i)r Jn0rc Dr I};~~ tim(' r~riods
I'l'quir('d for pl" formance hcreunder. Ol otherwise. The City Council !1i;-:~' grallt $llch
\,;lri:mces. amendments to this Agrecment, or e:-::tc:1sions of time a<; it m:!y (kern
appropriate under the circumstances; provided in ~IJ e\'ent!' Ill:!! the City Council shall
n('o[ W',rcasonably refuse 10 extend the time periods for perform:ill(,:~ indicated ill onc or
Irorc of the Construction SdlCduJcs if the affected mer.:ber of thc Consortium
dcmonstr.Hcs that the reasons for Ihe delay(s) which necessitate such cxt~nsion(s) arc
beyond tile control of stich m::mber. dcspite good f<<ith efforts on its paft to pcrf(lT!Tl in
a timely manner. Notwith.,tand:ng anything in this Se~tion R to the contrary. lht'
"JrC'going concerning non-co,11pharlcc Jnd requests fer amendments or exten~ions shall
nnt ~rply in cl1nnection with any mall:.:::- with respect to whicl1 the Aspen City CharIer
(J~" (he l\funicip21 Code has invcsted original jurisdiction in olher boards, stich ;t.s the
Board of /\ppeals and Examiners. With respect to such m~:tters the rules of prJctice and
procedure established for and/or by !'t1ch boards shall. in the first instance, apply".
;\'on.....ompJianre with one or more of the Construction Schedules set forth abo\'ecJuc 10
diffieulties \I,'ith fund raising OJ olher occurrences outside of the control of the nDn-profit
mcmiJers of the COr.SOI tillm shall be examined in z.ny non-compliance hearing before the
City Council and can be a basis for granting a variance from an extension of any of sllch
\(hcdulcs. "
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Apt/Suite
State~ Zip IS1611 iJ
Master Permit I iiliI Routing Queue laslu06
Project J iJ Status lperlding
Description NON.cOMPLIANCE PETmON & MINOR SPA VARIANCE REQUEST
Submitted IJIMCURTIS 920~1395
dock IRunning Days
Ap~;ed 109/05/2006 til
'"""ved I :J
r"ued I til
'm.ll til
ExP,e, 108/31/2007 jj
last Name IASPEN INSTITUTE INC
Phone
p Owner 15 Applicant?
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AppIialnt
Last Name IASPEN INSTITVTE INC
Phone
3 First Name I
PO BOX 222
QUEENTOWN MD 21658
i.4 Fi',t Name I
eust ;t 125646
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PO BOX 222
QUEENTOWN MD 21658
lender
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