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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
_,,A!iO
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Aiax Mountain Associates LLC, PO Box 1709. Aspen. CO 81611
Property Owner's Name, Mailing Address and telephone number
Lots N-S. Block 96. Citv and Townsite of Aspen
Legal Description and Street Address of Subject Property
Subdivision approval to add I free-market residential unit and I Category 3 affordable housing
unit to existing mixed use building
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Citv Council Ordinance No. 29, Series of2006. Approved 7/24/06
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
August 27, 2006
Effective Date of Development Order (Same as date of publication of notice of approval.)
,-
August 28, 2009
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 27th day of August, 2006, by the City of Aspen Community
Development Deputy Director. ~ ~
Chris Bendon, Community Development Director
SUBDIVISION AGREEMENT FOR THE AJAX MOUNTAIN BUILDING
THIS SUBDIVISION AGREEMENT (this "Agreement") is made this
day of G 1 , 2006, between Ajax Mountain Associates, LLC (the "Owner")
and THE CITY OF ASPEN, a municipal corporation (the "City").
RECITALS:
WHEREAS, Owner owns that certain real property (the "Property") located at
520 E. Durant Avenue (Parcel Identification Number 2737-182-22-006), described as
Lots N-S, Block 96, City&Townsite of Aspen, Pitkin County, Colorado, and,
WHEREAS, Owner applied to the City of Aspen for subdivision and associated
growth management approvals (collectively,the "Project"); and,
WHEREAS, the subject property is zoned Commercial Core (CC) and has a Lot
Area of 18,000 square feet; and,
WHEREAS, the Historic Preservation Commission (HPC) reviewed and granted
Conceptual Major Development approval for the addition pursuant to HPC Resolution
No. 47, Series of 2005; and,
WHEREAS, the HPC reviewed and granted Final Major Development approval
and an exemption from Mountain View Plane Review for the addition pursuant to HPC
Resolution No. 1, Series of 2006; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and
WHEREAS, on June 20, 2006, the City of Aspen Planning and Zoning
Commission ("P&Z") approved Resolution Number 20, Series of 2006 (the
"Resolution") recommending that City Council approve the proposed subdivision to
construct one (1) free-market residential unit and one (1) deed restricted affordable
housing unit on the roof of the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-
S, Block 96, City of Aspen, Pitkin County, Colorado; and,
WHEREAS, on July 24, 2006, the City Council of the City of Aspen granted
approval with conditions of a subdivision to construct one (1) free-market residential unit
and one (1) deed restricted affordable housing unit on the Property pursuant to Ordinance
No. 29, Series of 2006 (the "Ordinance"), including entering into a Subdivision
Agreement for the Property; and,
WHEREAS, the City has imposed conditions and requirements in connection
with its approval, which matters are necessary to protect, promote and enhance the public
health, safety and welfare, and the Owner is prepared to enter into a Subdivision
Agreement incorporating such conditions and requirements.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, and the approval, execution, and acceptance of the Agreement for recordation by
the City, it is agreed as follows:
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Subdivision Agreement 530967
Ajax Mountain Building ly
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00
1. Plat Requirements. Owner shall record this Agreement in the office of the
Pitkin County Clerk and Recorder within 180 days of the effective date of the Ordinance. As
the land in the Property is not being divided into separate interests, the requirement for
recording a Final Subdivision Plat will be replaced by a requirement for the recordation of a
Condominium Map. Such Condominium Map will be submitted to the City for review,
approval and recordation in the office of the Pitkin County Clerk and Recorder upon
substantial completion of construction and prior to issuance of a Certificate of Occupancy
for the Project. Owner shall be responsible for all recordation fees. This commitment to
record a Condominium Map shall replace and supercede the requirement for recordation of
a Final Plat for subdivision. Together, this Agreement and the subsequently recorded
Condominium Map shall comply with and satisfy Section 26.480 and all other applicable
requirements of the Aspen Land Use Code. Also see paragraph 12,below.
2. Building Permit Application. In addition to such requirements
enumerated elsewhere herein and otherwise required by the City of Aspen Building
Department, the building permit application for each of the residential units shall include
the following:
a. A copy of the final Ordinance, P&Z Resolution, and HPC Resolutions.
b. The conditions of approval printed on the cover page of the building permit set.
C. A drainage plan, prepared by a Colorado licensed Civil Engineer. A 2-year storm
frequency should be used in designing any drainage improvements.
d. A Construction Management Plan (CMP) meeting the Building Department's
requirements. The CMP shall include, among other requirements specified by the
Community Development Department, an identification of construction hauling
routes, a description of construction phasing, and a plan for construction traffic and
parking to be reviewed and approved by the City Engineer and Streets Department
Superintendent. CMP requirements can be obtained from the Community
Development Department.
e. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department
f. Accessibility and ADA requirements shall meet the building code requirements.
3. Dimensional Requirements. The Project, as approved, complies with the
dimensional requirements of the Commercial Core (CC) Zone District. Compliance with
the allowable dimensional requirements will be verified by the City of Aspen Zoning
Officer at the time of building permit submittal.
4, Affordable Housing. The affordable housing unit shall be in compliance
with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines.
2
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Owner shall record a deed restriction on the affordable housing unit at the time of
recordation of the condominium plat and prior to the issuance of a Certificate of
Occupancy for the building, classifying the unit as a Category 3 unit (or below) and
containing approximately 1,110 square feet of net livable area; this will satisfy the
affordable housing mitigation requirements attributable to development of the free-
market residence. Included in the governing documents shall be language reflecting the
potential for the unit to become an ownership unit. Also see paragraph 12,below.
If Owner chooses to deed restrict the affordable housing unit as a rental unit, Owner shall
convey a 1/10 of a one-percent (0.1%), undivided interest in the unit to the Aspen/Pitkin
County Housing Authority (APCHA) prior to the issuance of a Certificate of Occupancy
on any portion of the addition (also see paragraph 12, below). The unit may be deed-
restricted as a rental unit, but the unit shall become an ownership unit at such time as
Owner would request a change to a "for-sale" unit or at such time as the APCHA deems
the unit to be out of compliance with the rental occupancy requirements in the Affordable
Housing Guidelines for a period of more than one (1) year. If the affordable housing unit
is or becomes a "for-sale" unit, the affordable housing unit's allocable share of
homeowners' association dues shall be determined at the time the affordable housing unit
becomes a "for-sale" unit based on the relative values of the affordable housing unit and
the free-market residential unit at such time (e.g., if the affordable housing unit becomes
a "for-sale" unit at a time when the value of the free-market residential unit is
$3,000,000.00 and the value of the affordable housing unit at such time is $300,000.00,
the affordable housing unit's allocable share of the homeowners' association dues would
be 10%). The affordable housing unit's value shall be deemed to be the then-applicable
maximum sales price pursuant to the APCHA guidelines for a Category 3 unit of the size
of the affordable housing unit The free-market unit's value at the time shall be mutually
determined by the Applicant and APCHA and if they are not able to agree, the price shall
be determined by a licensed appraiser in the Aspen area selected by Applicant. The cost
of such appraisal shall be borne by Applicant.
5. Fire Mitigation. Owner shall install a fire sprinkler system and an alarm
system that meet the requirements of the Fire Marshal.
6. Water Department Requirements. Owner shall comply with the City of
Aspen Water System Standards, with Title 25, and with the applicable standards of Title
8 (Water Conservation and Plumbing .Advisory Code) of the Aspen Municipal Code, as
required by the City of Aspen Water Department. Each of the new units within the
building shall have individual water meters.
7. Sanitation District Requirements. Owner shall comply with the Aspen
Consolidated Sanitation District's (ACSD) rules and regulations. No clear water
connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed.
On-site utility plans require approval by ACSD. Below grade development may require
installation of a pumping system. Shared service line agreements will be required where
more than one unit is served by a single service line.
3
Subdivision Agreement
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8. Exterior Lighting. All exterior lighting shall meet the requirements of
the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150,
Outdoor lighting.
9. School Lands Dedication Fee. Pursuant to Land Use Code Section 26.630,
School lands dedication, Owner shall pay a fee-in-lieu of land dedication prior to
building permit issuance. The City of Aspen Community Development Department shall
calculate the amount due using the calculation methodology and fee schedule in effect at
the time of building permit submittal. Owner shall provide the market value of the land
including site improvements,but excluding the value of structures on the site.
10. Park Development Impact Fee. Pursuant to Land Use Code Section
26.610, Park Development Impact Fee, Owner shall pay a park development impact fee
in the amount of$6,359.00 prior to building permit issuance. The fee is assessed based
on the following calculation:
1 Unit multiplied by$3,634 (three bedroom or larger fee) = $3,634.00
1 Unit multiplied by$2,725 (two-bedroom fee) = $2,725.00
Park Development Impact Fee= $6,359.00
If the fee schedule is amended before Owner submits an application for a building permit,
the fee schedule in place at the time of building permit issuance shall apply.
11. Impact Fees. All applicable impact fees in effect at the time of building
permit application submittal shall be paid prior to the issuance of a building permit.
12. Colorado Common Interest Ownership Act (CCIOA). As soon as
construction of the Project allows, Owner anticipates submitting the Project to a plan for
condominiumization created pursuant to the Colorado Common Interest Ownership Act
(CCIOA) in order to facilitate the conveyance of ownership interests in the Project,
including but not limited to the potential for conveyance of an ownership interest in the
employee housing unit to the APCHA. The City agrees to process for approval and for
recordation a condominium map prepared in accordance with the Code and CCIOA. As
the Owner has provided affordable housing pursuant to the Code, the Project is exempt
from paying the Affordable Housing Impact fee. Recordation of a Condominium Map
prepared in accordance with-the Code and CCIOA -shall replace and supersede the
requirement for recordation of a Final Plat for subdivision.
13. Vested Rights. The development approvals granted in the Ordinance, the
P&Z Resolution, the HPC Resolutions, and herein shall constitute a site specific
development plan approval and be vested for a period of three (3) years from the date of
issuance of a development order.
4
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00
14. Material Representations. All material representations made by the
Owner on record, whether in public hearings or in documentation presented before City
Council or the P&Z, shall be binding upon the Owner.
15. Enforcement. In the event the City determines that the Owner is not in
substantial compliance with the terms of this Agreement, the City may serve a notice of
noncompliance and request that the deficiencies be corrected within a period of forty-five
(45) days. In the event the Owner believes that s/he is in compliance or that the
noncompliance is insubstantial, the Owner may request a hearing before the City Council
to determine whether the alleged noncompliance exists or where any amendment,
variance, or extension of time to comply should be granted. On request, the City shall
conduct a hearing according to its standard procedures and take such action as it deems
appropriate. The City shall be entitled to all remedies at equity and at law to enjoin,
correct and/or receive damages for any noncompliance with this Agreement.
16. Notices. Notices to the parties shall be sent in writing by U.S. certified
mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if
not sooner received, three (3) days after the date of the mailing of the same.
To the Owner: Ajax Mountain Associates, LLC
c/o Mr. Stephen Marcus
P.O. BOX 1709
Aspen, CO 81612
With Copy to: Haas Land Planning, LLC
201 N. Mill Street, Suite 108
Aspen, CO 81611
To the City: City Attorney
City of Aspen
130 South Galena Street
Aspen, CO 81611
17. Binding Effect. The provisions of this Agreement shall run with and
constitute a burden on the land and shall be binding upon and inure to the benefit of the
Owners, their successors and assigns, and to the City and its successors and assigns.
18. Amendment. This Agreement may be altered or amended only by
written instrument executed by all parties hereto, with the same formality as this
Agreement was executed.
19. Severability. If any provision of this Agreement is determined to be
invalid, such invalidity shall not affect the remaining provisions hereof.
5
Subdivision Agreement
Ajax Mountain Building
Page 6 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first written above.
[remainder of page intentionally left blank]
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Subdivision Agreement
Ajax Mountain Building
Page 7 of 8
OWNER:
Ajax Mountain Associates, LLC
By:
Name: Stephen Marcus
Title: Manager
STATE OF OOLOIeRD y )
) ss.
COUNTY OF IpzTK tr✓ )
The foregoing was sworn and subscribed to before me this day of
odtaA-Le , 2006, by Stephen Marcus in his capacity as Manager of Ajax
Mountain Associates, LLC
Witness my hand and official seal.
My commission expires -SIN POO V
j O�Ng Y.p&e Notary Public
�.,<�c�
ANN Q.
(P KEENEY
JI
F00 C0�0�
[remainder of page intentionally left blank]
11111 Jill Jill 530967
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00
Subdivision Agreement
Ajax Mountain Building
Page 8 of 8
APPROVED:
n
Joffii Worceste , City Attorney
THE CITY OF ASPEN, COLORADO ATTEST:
a municipal cot o
By: — By:
X c , City Clerk H n lin K nderu , Mayor *Kathryn
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
/17 _ The foregoing was sworn and subscribed to before me this day of
2006, by Helen Kalin Klanderud and Kathryn Koch, as Mayor and
-ty Clerk, respectively, of the City of Aspen, a Municipal Corporation.
Witness my hand and official eal.
My commission expires ZCc'
O�p.R y P t ry Public
� JACiUE• ��n
L07}HIAN
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OF COQ
531967
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
.,dI"""
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lots N-S, Block 96, City and Townsite of Aspen by ordinance
of the Aspen City Council numbered 29, Series of 2006, approved on July 24, 2006.
Approval was granted for the construction of one free-market residential unit and one 2-
bedroom, Category 3 affordable housing unit to be constructed on the existing Ajax
Mountain Building. For further information contact Chris Bendon, at the City of Aspen
Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/ City of Aspen
Publish in The Aspen Times on August 27, 2006
ORDINANCE NO. 29
(SERIES OF 2006)
AppvoJeJ
7-/2- Lf!u;b
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE AJAX MOUNTAIN BUILDING SUBDIVISION AND
CONDOMINIUMIZA TlON TO CONSTRUCT ONE FREE-MARKET
RESIDENTIAL UNIT AND ONE DEED-RESTRICTED AFFORDABLE HOUSING
UNIT ON THE PROPERTY LOCA TED AT 520 EAST DURANT AVENUE, LOTS
N-S, BLOCK 96, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
Parcel ID: 2737-182-22-006
WHEREAS, the Community Development Department received an application
from the Ajax Mountain Associates, represented by Jeffrey Halferty Design and Haas
Land Planning, requesting approval of subdivision, growth management review for the
development of free-market residential units in a mixed use project, growth management
review for the development of affordable housing, and condominiumization to construct
one free-market residential unit and one deed-restricted affordable housing unit on the
roof of the existing Ajax Mountain Building located at 520 E. Durant A venue; and,
WHEREAS, the subject property is zoned Commercial Core (CC) and contains
18,000 square feet oflot area; and,
WHEREAS, the Historic Preservation Commission reviewed and granted
Conceptual HPC Design approval for the addition pursuant to HPC Resolution No. 47,
Series of2005; and,
WHEREAS, the Historic Preservation Commission reviewed and granted Final
HPC Design approval and an exemption from Mountain View Plane Review for the
addition pursuant to HPC Resolution No.1, Series of 2006; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning
and Zoning Commission approved Resolution No. 20, Series of2006, by a five to zero (5-0)
vote, approving with conditions, a growth management review for the development of
free-market residential units in a mixed use project, a growth management review for the
development of affordable housing, and recommending that City Council approve with
conditions, the proposed subdivision and condominiumization to construct one free-market
residential unit and one deed-restricted affordable housing unit on the roof of the Ajax
Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and Townsite of
Aspen; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
,."-
,
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing on July 24, 2006, the Aspen
City Council approved Ordinance No. 29, Series of 2006,by a three to one (3-1) vote,
approving with conditions, the Ajax Mountain Building Subdivision to construct one free-
market residential unit and one deed-restricted affordable housing unit on the roof of the
Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and Townsite
of Aspen; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Aspen City Council hereby approves the Ajax Mountain Building Subdivision to
construct one free-market residential unit and one deed-restricted affordable housing unit
on the roof of the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96,
City and Townsite of Aspen, subject to the conditions contained herein.
Section 2: Plat and Al!reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approvaL The final
Condominium Plat may be approved and signed by the Community Development Director
upon substantial completion of construction.
Section 3: Buildinl! Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A drainage plan, prepared by a Colorado licensed Civil Engineer. A 5-year storm
frequency should be used in designing any drainage improvements.
d. A construction management plan meeting the Building Department's requirements.
The construction management plan shall include an identification of construction
hauling routes, construction phasing, a construction traffic and parking plan for
review and approval by the City Engineer and Streets Department Superintendent.
,
e. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
f. Accessibility and ADA requirements shall meet the building code requirements.
Section 4: Dimensional Requirements
The addition as presented complies with the dimensional requirements of the Commercial
Core (CC) Zone District. Compliance with the allowable dimensional requirements will
be verified by the City of Aspen Zoning Officer at the time of building permit submittal.
Section 5: Affordable Housinl!
The affordable housing unit shall be in compliance with the Aspen/Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed
restriction on the affordable housing unit at the time of recordation of the condominium
plat and prior to the issuance of a Certificate of occupancy for the building, classifying
the unit as a Category 3 unit (or below) and containing 1,110 square feet (necessary to
comprise at least 30% of the floor area in the free-market residential unit to meet AH
mitigation requirements). Included in the governing documents shall be language
reflecting the potential for the unit to become an ownership unit.
If the Applicant chooses to deed restrict the affordable housing unit as a rental unit, the
Applicant shall convey a 1/10 of a percent, undivided interest in the unit to the
Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the addition. The unit may be deed-restricted as a rental
unit, but the unit shall become an ownership unit at such time as the owner would request
a change to a "for-sale" unit or at such time as the Aspen/Pitkin County Housing
Authority deems the unit to be out of compliance with the rental occupancy requirements
in the Affordable Housing Guidelines for a period of more than year. If the affordable
housing unit is a "for-sale" unit, the unit's homeowners' association dues shall be a
percentage of the free-market residential unit's dues equal to the affordable housing
unit's market value compared to that ofthe free-market residential unit's market value in
the complex.
Section 6: Fire Mitil!ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 7: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the new units within the building shall have individual water
meters.
"
Section 8: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter, patio drains) to
ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade
development may require installation of a pumping system. Shared service line agreements
will be required where more than one unit is seryed by a single seryice line.
Section 9: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 10: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu ofland dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 11: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $6,359.00 prior to building
permit issuance. The fee is assessed based on the following calculation:
1 Unit multiplied by $3,634 (three bedroom or larger fee) = $3,634.00
1 Unit multiplied bv $2,725 (two-bedroom fee) = $2,725.00
Park Development Impact Fee= $6,359.00
If the fee schedule changes by the time the Applicant submits an application for a
building permit, the fee schedule in place at the time of building permit issuance shall
apply.
Section 12: Impact Fees
All impact fees in effect at the time of building permit, as applicable, shall be paid prior
to the issuance of a building permit.
Section 13: Vested Rililits
The development approvals granted herein shall be vested for a period of three (3) years from
the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
,."",
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: Ajax
Mountain Building, City and Townsite of Aspen, by Ordinance No. 29, Series of
2006, of the Aspen City Council.
Section 14:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 15:
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 16:
A public hearing on the ordinance shall be held on the 24th day of July, 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of June, 2006.
Helen Kalin K1anderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
-'"
....
FINALLY, adopted, passed and approved this 24th day of July, 2006.
Helen Kalin K1anderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
,~>
MEMORANDUM
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Mayor Klanderud and City Council
Chris Bendon, Community Development Director 0.MWl
TO:
THRU:
FROM: James Lindt, SeniorPlanner~L--
RE: Second Reading of Ordinance No. 29, Series of 2006- Ajax Mountain Building
(520 E. Durant Avenue) Subdivision
DATE: July 24, 2006
ApPLICANT /OWNER:
Ajax Mountain Associates, LLC.
REPRESENT A TIVE:
JeffreyBa1ferty Design
Haas Land Planning, LLC
LOCATION:
520 E. Durant Avenue
Lots N-S, Block 96, ofthe City and
Townsite.
CURRENT ZONING:
Commercial Core (CC) Zone District
EXISTING LAND USE:
Mixed Use Building.
PROPOSED LAND USE:
Addition of one free-market residential
unit and one deed restricted employee
housing unit to existing mixed use
building.
SUMMARY:
The Applicant requests subdivision and
associated land use approvals to
construct one free-market dwelling unit
and one affordable housing unit on the
existing building.
PHOTO: Existing structure.
PLANNING AND ZONING
RECOMMENDATION:
Approval with Conditions.
COMMISSION
STAFF RECOMMENDATION:
Approval with Conditions.
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LAND USE REQUESTS:
The Applicant has requested the following land use approvals to r,edevelop the site:
· Subdivision for the construction of multiple dwelling units in a mixed use building
pursuant to Land Use Code Section 26.480, Subdivision (Citv Council is final review
authority after considering a recommendation from the Planning and Zoning
Commission).
· 'A growth management review for the development of free-market residential units in a
mixed-use building pursuant to Land Use Code Section 26.470.040(C)(6), Free-Market
Residential Units within a Mixed-Use Project (Planning. and Zoning Commission
approved with conditions pursuant to Resolution No. 20, Series of 2006).
· A growth management review for the development of affordable housing pursuant to
Land Use Code Section 26.470.040(C)(7), Affordable Housing. (Planning and Zoning
Commission approved with conditions pursuant to Resolution No. 20, Series of2006).
· Condominiumization is a subdivision exemption that requires approval of the Community
Development Director pursuant to the Land Use Code Section 26.480.090,
Condominiumization. However, the proposed ordinance acknowledges !.'lis approval for
a future date (condominium plats are reviewed and approved bv the Community
Development Director upon substantial completion of construction).
· A certificate of appropriateness for major HPC development was applied for and granted
by the Historic Preservation Commission (HPC) pursuant to HPC Resolution No.1,
Series of 2006 (attached as Exhibit "C" in the first reading packet). A certificate of
appropriateness for major HPC development was necessary because the building subject
to the application is located within the Commercial Core Historic District.
. A mountain view plane exemption was applied for and granted by the HPC pursuant to
HPC Resolution No.1, Series of 2006. The HPC found that the designated view plane
that originates from Cooper Street and is oriented towards Aspen Mountain is already
blocked by the Aspen Grove Fine Arts building to the north and the North of Nell
building that is located directly south of the property subject to this application and that
the proposed addition will not further infringe upon the designated view plane.
REVIEW PROCEDURE:
A development application for subdivision shall be approved, approved with conditions, or
denied by City Council after considering a recommendation from the Plarullng and Zoning
Commission and the Community Development Director pursuant to Land Use Code Section.
26.480.040, Subdivision.
PROJECT SUMMARY:
The Applicant has requested approval to add a free-market residential dwelling unit of
approximately 3,314 square feet and a two (2) bedroom affordable housing unit of
approximately 1,110 square feet on the top of the existing Ajax Mountain Building. The
Applicant has already obtained approval of conceptual HPC review, final HPC review, and a
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mountain view plane exemption for the proposed addition from the Historic Preservation
Commission, pursuant to HPC Resolution No. 47, Series of 2005 and HPC Resolution No.1,
Series of 2006 (attached as Exhibit "C" in the first reading packet). Additionally, the
Applicant received approval of a growth management review for the development of free-
market residential units in a mixed use project and a growth management review for the
development of affordable housing from the Planning and Zoning Commission pursuant to P &
Z Resolution No. 20, Series of 2006 (attached as Exhibit "D" in the first reading packet).
The following chart compares the proposed development dimensions with the dimensional
requirements of the Commercial Core (CC) Zone District:
Minimum Lot
Size
Minimum Lot
Width
Minimum Lot
ArealDwellin
South Front Yard
Setback
East Front Yard
Setback
Minimum Side
Yard Setback
Minimum Rear
Yard Setback
Maximum Height
Floor Area Ratio
(FAR)
Minimum Off-
Street Parking
18,000 SF
100 Feet
6,000 SF
56 Feet for roof addition
64 Feet for roof addition
o Feet for roof addition
o Feet forroof addition
35 Feet
Overall Proposed FAR=1.56:1
Commercia1/0ffice= 1.22: 1
Free Market Residential=.18: 1
Affordable Housing= .06:1
o Parking Spaces proposed for
the additional residential units
No Requirement
No Requirement
No Requirement
o Feet
o Feet
o Feet
o Feet
42 Feet for all areas of the property, 46
Feet for areas setback. 15 or more feet
from lot lines adjoining a Street right-of-
way.
Overall Allowable FAR= 3:1
Cornmercia1/0ffice= 2:1
Free Market Residentia1= 1: 1
Affordable Housing= No Limit
o Parking Spaces required for the
additional residential units
STAFF COMMENTS:
SUBDIVISION:
The Applicant is requesting subdivision approval, including condominiumization, because the
development of a multi-family dwelling unit in a mixed used development requires approval of
subdivision pursuant to the definition of subdivision in the City's land use code.
In reviewing the subdivision portion of the application, Staff believes that the proposal meets the
applicable subdivision review standards established in Land Use Code Section 26.480.050,
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Review Standards. Staff feels that the proposal is consistent with the infill development goals
established in the 2000 Aspen Area Community Plan and is being developed in conformance
with the underlying Commercial Core Zone District's allowable dimensional requirements and
permitted uses. Staff further believes that the site subject to the proposal is suitable for
development and contains no known geologic hazards. Furthermore, adequate utilities exist for
the proposed development on the roof of the existing building.
FREE-MARKET RESIDENTIAL UNIT SIZE:
The proposed free-market residential unit is to be 3,314 square feet. A code amendment
enacting a maximum size of2,000 square feet on free-market residential units in the Commercial
Core Zone District was adopted pursuant to Ordinance No. 12, Series of 2006 on March 28,
2006. However, the proposed application was submitted for review in December of 2005, and is
not subject to the provisions of Ordinance No. 12, Series of2006.
GROWTH MANAGEMENT REVIEW: FREE-MARKET UNITS WITHIN A MIXED-USE PROJECT
In order to develop new free market residential floor area in a mixed use building, the Applicant
is required to mitigate by providing affordable housing equal to 30% of the free-market
residential floor area being added to the property. As was discussed above, the Applicant has
proposed 3,314 square feet of free-market residential floor area and an affordable housing unit of
1,110 square feet that equals about 33% of the amount of free-market residential floor area. The
affordable housing unit being proposed is to be deed-restricted as a Category 4 affordable
housing unit. Additionally, the application was applied for in the 2005 growth management year
and there were two (2) free-market residential allotments available at the time the application
was submitted. Therefore, Staff believes that the application satisfies the review standards for
granting a growth management review for the development of a free-market residential unit in a
mixed-use project. The Planning and Zoning Commission granted approval of the requested
Growth Management Review for Free-Market Residential Units within a Mixed-Use Project,
finding that the applicable review standards are satisfied by the application.
GROWTH MANAGEMENT REVIEW: AFFORDABLE HOUSING
The Applicant requires growth management review for the development of affordable housing to
construct the one affordable housing unit being proposed'. Staff believes that the proposal
satisfies the review standards for granting growth management approval to construct affordable
housing units. Staff finds that there continues to be a need for the development of additional
affordable units in that the overall development ceiling for affordable housing that is established
in the growth management section of the land use code has not yet been reached. The Housing
Authority has reviewed the proposal and finds that the proposed affordable housing unit meets
the Employee Housing Guideline requirements. Staff has included a condition of approval in the
proposed ordinance outlining the requirements that the Housing Board requested. The Planning
and Zoning Commission approved a Growth Management Review for Affordable Housing
finding that the applicable review standards are satisfied by the application.
OFF-STREET PARKING REQUIREMENTS:
The Applicant has not proposed any off-street parking spaces for the proposed addition. The
proposed addition is to contain residential units that are not required to have off-street parking
spaces in the Commercial Core Zone District pursuant to Land Use Code Section 26.515.030,
Required number of off-street parking spaces. .
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SCHOOL LANDS DEDICATIONS FEE:
Given that the proposed development constitutes a full subdivision review, Land Use Code
Section 26.630, School Lands Dedications, requires that the Applicant either dedicate lands for
school function or pay a cash-in-lieu fee. The Applicant has proposed to pay a cash-in-lieu fee
pursuant to the fee schedule established in Land Use Code Section 26.630. Staff has included a
condition of approval in the proposed ordinance requiring that the Applicant pay the School
Lands Dedications fee prior to issuance of a building permit for the proposed development.
PARK DEVELOPMENT IMPACT FEE:
The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added
to the site pursuant to Land Use Code Section 26.610, Park Development Impact Fee. The Park
Development Impact Fee for this project shall be assessed based on the following calculation:
1 New Unit multiplied by $3,634 (three-bedroom or larger fee) =$3,634.00
1 New Unit multiplied bv $2,725 (two-bedroom fee) = $2,725.00
Park Development Impact Fee= $6,359.00
Staff has included a condition of approval in the proposed ordinance requiring that a Park
Development Impact Fee of $6,359.00 be paid at prior to building permit issuance. If the fee
schedule changes by the time the Applicant submits an application for a building permit, the fee
schedule in place at the time of building permit is ready for issuance shall apply.
REFERRAL AGENCY COMMENTS:
The Community Development Engineer, Fire Marshall, Water Department, Aspen Consolidated
Sanitation District, Housing Department, and the Parks Department have all reviewed the
proposed application and their comments have been included as conditions of approval when
appropriate. Referral comments were attached as Exhibit "E" in the first reading packet.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission unanimously recommends that City Council approve the
proposed subdivision with the conditions contained in the attached ordinance, finding that the
proposed subdivision satisfies the applicable review standards. The Planning and Zoning
Commission's minutes are attached as Exhibit "F".
RECOMMENDATION:
Staff recommends that City Council approve the attached ordinance, approving with conditions,
the requested subdivision application.
CITY MANAGER'S COMMENTS:
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RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 29, Series of 2006, approving with conditions, the Ajax
Mountain Building Subdivision to develop a free-market residential unit and a two-bedroom
affordable housing unit on the roof of the existing Ajax Mountain Building at 520 E. Durant
A venue. "
ATTACHMENTS:
EXHIBIT A - Review Criteria and Staff Findings
EXHIBIT B - Application (in the first reading packet)
EXHIBIT C - HPC Resolutions (in the first reading packet)
EXHIBIT D - P& Z Resolution (in the first reading packet)
EXHIBIT E - Referral Comments (in the first reading packet)
EXHIBIT F - Planning and Zoning Commission Minutes
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ORDINANCE NO. 29
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE AJAX MOUNTAIN BUILDING SUBDMSION AND
CONDOMINlUMIZATION TO CONSTRUCT ONE FREE-MARKET
RESIDENTIAL UNIT AND ONE DEED-RESTRICTED AFFORDABLE HOUSING
UNIT ON THE PROPERTY LOCATED AT 520 EAST DURANT AVENUE, LOTS
N-S, BLOCK 96, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
Parcel ID: 2737-182-22-006
WHEREAS, the Community Development Department received an application
from the Ajax Mountain Associates, represented by Jeffrey Halferty Design and Haas
Land Planning, requesting approval of subdivision, growth management review for the
development of free-market residential units in a mixed use project, growth management
review for the development of affordable housing, and condominiurnization to construct
one free-market residential unit and one deed-restricted affordable housing unit on the
roof of the existing Ajax Mountain Building located at 520 E. Durant Avenue; and,
WHEREAS, the subject property is zoned Commercial Core (CC) and contains
18,000 square feet oflot area; and,
WHEREAS, the Historic Preservation Commission reviewed and granted
Conceptual HPC Design approval for the addition pursuant to HPC Resolution No. 47,
Series of2005; and,
WHEREAS, the Historic Preservation Commission reviewed and granted Final
HPC Design approval and an exemption from Mountain View Plane Review for the
addition pursuant to HPC Resolution No.1, Series of2006; and, .
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
. WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning
and Zoning Commission approved Resolution No. 20, Series of 2006, by a five to zero (5-0)
vote, approving with conditions, a growth management review for the development of
free-market residential units in a mixed use project, a growth management review for the
development of affordable housing, and recommending that City Council approve with
conditions, the proposed subdivision and condominiumization to construct one free-market
residential unit and one deed-restricted affordable housing unit on the roof of the Ajax
Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and Townsite of
Aspen; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
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Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing on July 24, 2006, the Aspen
City Council approved Ordinance No. _, Series of 2006,by a to L-->
vote, approving with conditions, the Ajax Mountain Building Subdivision to construct one
free-market residential unit and one deed-restricted affordable housing unit on the roof of
the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and
Townsite of Aspen; and,; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OFASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Aspen City Council hereby approves the Ajax Mountain .Building Subdivision to
construct one free-market residential unit and one deed-restricted affordable housing unit
on the roof of the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96,
City and Townsite of Aspen, subject to the conditions contained herein.
Section 2: Plat and Al!reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval. The final
Condominium Plat may be approved and signed by the Community Development Director
upon substantial completion of construction.
Section 3: BuiJdinl! Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A drainage plan, prepared by a Colorado licensed Civil Engineer. A 5-year storm
frequency should be used in designing any drainage improvements.
d. A construction management plan meeting the Building Department's requirements.
The construction management plan shall include an identification of construction
hauling routes, construction phasing, a construction traffic and parking plan for
review and approval by the City Engineer and Streets Department Superintendent.
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e. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
f. Accessibility and ADA requirements shall meet the building code requirements.
Section 4: Dimensional Requirements
The addition as presented complies with the dimensional requirements of the Commercial
Core (CC) Zone District. Compliance with the allowable dimensional requirements will
be verified by the City of Aspen Zoning Officer at the time of building permit submittal.
Section 5: Affordable Housing
The affordable housing unit shall be in compliance with the Aspen!Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed
restriction on the affordable housing unit at the time of recordation of the condominium
plat and prior to the issuance of a Certificate of occupancy for the building, classifying
the unit as a Category 4 unit (or below) and containing 1,110 square feet (necessary to
comprise at least 30% of the floor area in the free-market residential unit to meet AH
mitigation requirements). Included in the governing documents shall be language
reflecting the potential for the unit to become an ownership unit.
If the Applicant chooses to deed restrict the affordable housing unit as a rental unit, the
Applicant shall convey a 1/10 of a percent, undivided interest in the unit to the
AspenlPitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the addition. The unit may be deed-restricted as a rental
unit, but the unit shall become an ownership unit at such time as the owner would request
a change to a "for-sale" unit or at such time as the AspenlPitkin County Housing
Authority deems the unit to be out of compliance with the rental occupancy requirements
in the Affordable Housing Guidelines for a period of more than year. If the affordable
housing unit is a "for-sale" unit, the unit's homeowners' association dues shall be a
percentage of the free-market residential unit's dues equal to the affordable housing
unit's market value compared to that of the free-market residential unit's market value in
the complex.
Section 6: Fire Mitigation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 7: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the new units within the building shall have individual water
meters.
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Section 8: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter, patio drains) to
ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade
development may require installation of a pumping system. Shared service line agreements
will be required where more than one unit is seryed by a single service line.
Section 9: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 10: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu ofland dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 11: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $6,359.00 prior to building
permit issuance. The fee is assessed based on the following calculation:
1 Unit multiplied by $3,634 (three bedroom or larger fee) = $3,634.00
1 Unit multiplied bv $2.725 (two-bedroom fee) = $2.725.00
Park Development Impact Fee= $6,359.00
If the fee schedule changes by the time the Applicant submits an application for a
building permit, the fee schedule in place at the time of building permit issuance shall
apply.
Section 12: Impact Fees
All impact fees in effect at the time of building permit, as applicable, shall be paid prior
to the issuance of a building permit.
Section 13: Vested Rights
The development approvals granted herein shall be vested for a period of three (3) years from
the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
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Notice is hereby given to the general public of the approval of a 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: Ajax
Mountain Building, City and Townsite of Aspen, by Ordinance No. 29, Series of
2006, of the Aspen City Council.
Section 14:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 15:
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 16:
A public hearing on the ordinance shall be held on the 24th day of July, 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 circu1ati9n
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of June, 2006.
Helen Kalin K.1anderud, Mayor
. Attest:
Kathryn S. Koch, City Clerk
P234
,...,
,...,
FINALLY, adopted, passed and approved this 24th day of July, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
JohnP. Worcester, City Attorney
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Exhibit A
SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS
Section 26.480.050 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
A. General Requirements,
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan.
Staff Finding
The project is in compliance with the allowable dimensional requirements and permitted uses in
the Commercial Core Zone District in which it is proposed. Staff does not believe that this
application conflicts with the goals and objectives of the AACP. Furthermore, the Historic
Preservation Commission has already granted final HPC design approval and a mountain view
plane exemption; and the Planning and Zoning Commission has granted a growth management
review for free-market residential units in a mixed use project and a growth management review
for the development of affordable housing. Staff finds this criterion to be met.
b. The proposed subdivision shall be consistent with the character of existing land uses in
the area.
Staff Finding
Staff believes that the proposed residential uses on the roof of an existing building are a
permitted use in the Commercial Core Zone District. Additionally, the proposal for constructing
residential units on the top of commercial/office buildings in the,Commercial Core of town is
consistent with the development pattern that is prevalent in the core. Staff finds this criterion' to
be met.
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding
As the application indicates, the surrounding properties are close to fully developed. Therefore,
Staff does not believe that the proposal will adversely affect the future development of the
surrounding properties. Staff finds this criterion to be met.
d. The proposed subdivision shall be in compliance with all applicable requirements of
this Title.
Staff Finding
The proposed development is in compliance with the Commercial Core Zone District
dimensional requirements and meets all other land use regulations that were in effect at the time
of application. Staff finds this criterion to be met.
B. Suitability of land for subdivision.
a. Land suitability, The proposed subdivision shall not be located on land unsuitable for
development because of flooding, drainage, rock or soil creep, mudflow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other condition
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that will be harmful to the health, safety, or welfare of the residents in the proposed
subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
Staff finding
Staff believes that the property is suitable for subdivision. The site contains no steep topography
and no known geologic hazards that may harm the health of any of the inhabitants of the
proposed development. In addition, there is an existing commercial building on the site that is
already served by the necessary utilities, thus there shall not be a premature extension of public
facilities or utilities. Staff finds this criterion to be met.
C. Improvements. The improvements set forth at Chapter 26.580 shall be providedfor the
proposed subdivision. These standards may be varied by special review (See, Chapter 26.430)
if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the subdivision
design standards would result in incompatibility with the Aspen Area Comprehensive Plan,
the existing, neighboring development areas, and/or the goals of the community.
2, The applicant shall specifY each design standard variation requested and provide
justification for each variation request, providing design recommendations by professional
engineers as necessary. "
Staff finding
Since the proposal is for development on the roof of an existing commercial building in the
commercial core of Aspen, many of the improvements like sidewalks required by Land Use
Code Section 26.580 are already in place. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall
be required to provide affordable housing in compliance with the requirements of Chapter
26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling
units shall be required to provide affordable housing in compliance with the requirements of
Chapter 26.470, Growth Management Quota System.
Staff finding
The Applicant has proposed to provide a two-bedroom affordable housing unit consisting of
1,110 square feet, which satisfies the employee housing mitigation requirements as set forth in
the growth management section of the land use code. The Planning and Zoning Commission has
already granted a growth management review for the development of free-market residential
units in a mixed use project and a growth management review for affordable housing. Staff finds
this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards set forth
at Chapter 26.630.
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Staff Finding
The proposed subdivision is required to meet the School Land Dedication Standards pursuant to
Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-1ieu of providing
land, which will be paid prior to building permit issuance based on the fee schedule in place at
the time of building permit submittal. Staff finds this criterion to be met.
F. Growth Management ApprovaL Subdivision approval may only be granted to applications
for which all growth management development allotments have been granted or growth
management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision
approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit
Development (AH-PUD) without first obtaining growth management approvals if the newly
created parcel(s) is required to obtain such growth management approvals prior to
development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, 8
2)
Staff Finding
The Applicant has received approval from the Planning and Zoning Commission for the
necessary growth management reviews to develop the proposal. Staff finds this criterion to be
met.
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CITY OF ASPEN PLANNING & ZONING COMMISSION
Minutes - June 06, 2006
Ruth Kruger opened the regular City of Aspen Planning & Zoning meeting in
Council Chambers Meeting Room at 4:30 pm. Commissioners present were DyIan
Johns, Steve Skadron, Mary Liz Wilson, Brian Speck and Ruth Kruger. Jasmine
Tygre, John Rowland, Brandon Marion were excused. Staff in attendance were
Jennifer Phelan, James Lindt, Community Development; Jackie Lothian, Deputy
City Clerk.
COMMENTS
Ruth Kruger inquired about the ski easement on the Top of MiIL James Lindt
replied that Joyce was working on getting Jasmine an answer but community
development will follow up, Kruger asked what ever happened to the open space
in the Caribou Alley that was several years old, Lindt will research that.
MINUTES
. MOTION: Steve Skadron moved to approve the minutes from May 5th; seconded
by Dylan Johns. All in favor, APPROVED,
DECLARA nON OF CONFLICTS OF INTEREST
None stated.
PUBLIC HEARING
530 EAST DURANT, AJAX MOUNTAIN BUILDING - SUBDIVISION &
GROWTH MANAGEMENT
'Ruth Kruger opened the public hearing for the Ajax Mountain Building. James
Lindt stated that the public notice of publication, posting and mailing that meets
the jurisdictional requirements of the commission.
Lindt said that the application was submitted by Ajax Mountain Associates
requesting approvaI of subdivision, growth management review for the
development of affordable housing and growth management review for free market
residentiaI units in a mixed use building, The applicant proposed construction of
one free market residentiaI unit (3,3 I4 square feet) and one 2 bedroom affordable
housing unit category 4 for saIe (1, I IO square feet) on the Ajax Mountain
Building. P&Z was final review on the growth management requests and the
recommending body to Council on the subdivision of the application. HPC already
granted approval of conceptual and final design review as well as a view plane
exemption from the Cooper Street View Plane because the view was already
blocked by the North of Nell Building, located to the South of this parcel.
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CITY OF ASPEN PLANNING & ZONING COMMISSION
Minutes - June 06, 2006
Lindt provided the floor pIans of the units, which were located on the same floor
(there was the existing elevation and proposed addition). The overall height of the
addition was 35 feet. Staff believed that the application met all of the review
standards and the application was submitted prior to the 2000 square foot cap
placed on free market residential units. The Affordable Housing was about 33% in
square footage of the free market unit, which exceeds the 30% requirement.
P239
Lindt said that no on site parking was provided but the Commercial Core Zone
District in which the property is located has no parking requirements. Staff felt the
application met the review standards and recommends approval ofthe resolution in
the packet.
Mitch Haas said this was a straight forward application. Haas said that the growth
management required affordable housing to be at least 30% of the floor area ofthe
free market unit. Haas said that there was no parking required on site in this zone
district. Haas noted the height limit in this in this zone district was 46 feet and the
proposed addition was at 35 feet so it was below the height limit. Haas said the
allowable floor area was 3 to 1, which would be 54,000 square feet of floor area
and the proposal was 28,000 square feet Iess, Haas said that this proposaI meets
and exceeds the growth management review requirements and the subdivision
review. Haas said that there was no issue with any of the conditions of approval.
Jeffrey Halferty stated that it was a wonderful opportunity to work for a great
client and project and affordable housing unit. Halferty said that they had the
support of the neighbors. Halferty said a condition from HPC was set to conceaI
all ofthe mechanical in an obscure place,
Steve Skadron asked why it was an HPC review when the building was not
historic. Haas replied that it wasin the historic district. Mary Liz Wilson asked if
the whole Commercial Core was in the historic district. Lindt replied that was
correct. Halferty said thatHPC just started the view plane review this year. Haas
eIaborated that for HPC to review the mass, height, buIk and not the view plane
seemed incomplete; so if the appIicant was at HPC for conceptual and there was a
view plane it should be considered at the same time at HPC. Ruth Kruger
requested dialog about this change (from P&Z to HPC); she said when P&Z
reviewed the Conner Cabins View Plane the commission requested more
information. Kruger stated this was an issue regarding the process and had nothing
to do with this application.
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P240 CITY OF ASPEN PLANNING & ZONING COMMISSION
Minutes - June 06, 2006
Steve Skadron asked if the free-market and affordable units could apply for a
Street Parking pass in the Core. Lindt replied that was correct as long as they had
an address.
The 2005 growth management allotments were discussed.
No public comments.
Brain Speck stated that he would like to see parking but that was not possibIe for
this project. Speck stated this was a project that he could support. Mary Liz
Wilson said that she aIso could support this project. Ruth Kruger commended the
applicant for coming in with a project that addresses what the infill was looking
for; additional housing and respectfully placed affordable housing.
MOTION: Brain Speck moved to approve resolution #20, Series 2006, approving
with conditions, a growth management review for the development offree-market
residential units within a mixed use project and a growth management review for
the development of affordable housing; acknowledging the condominiumization of
the development is to be approved by the Community Development Director, and
recommending that the City Council approve with conditions, the Ajax Mountain
Building Subdivision to develop a free-market residential unit and a two-bedroom
affordable housing unit on the roof of the existing Ajax Mountain Building at 520
East Durant Avenue. Seconded by Dylan Johns. Roll ceill vote: Wilson, yes;
Skadron, yes; Speck. yes; Johns, yes; Kruger, yes. APPROVED 5-0.
PUBLIC HEARING
LIFT ONE GROWTH MANAGEMENT REVIEW
Ruth Kruger opened the pubIic hearing on the Lift One, James Lindt stated that
the notices were provided, Lindt stated this was a public hearing to consider an
application submitted by the Lift One Condo Association; requesting growth
management review for affordable housing and special review to establish
affordable housing parking requirements and a consolidated conceptuaI final PUD.
The applicant requested a continuance on the growth management review and
speciaI review for parking to amend their plans for the affordable housing unit.
Lindt distributed a revised resoIution for the PUD request for the applicant's to do
parapet elements as well as pitched roof eIements to the existing flat roofs on the
existing Lift One Condo, which was over the height limit (40 feet in height). The
applicant also proposed increasing the sizes and heights of the chimneys. The
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ATTACHMENT 6
PUBLIC HEARING NOTICING REQUIREMENTS
Three forms of notice are required by the Aspen Land Use Regulations: publication in the
newspaper, posting of the property, and mailing to surrounding landowners.
Following is a summary of the notice requirements, including identification of who is
responsible for completing the notice.
1. Publication - Publication of notice in a paper of general circulation in the City of
Aspen is to be done at least fifteen (15) days prior to the hearing, The legal notice will be
written by the Community Development Department and we will place the notice in the
paper within the appropriate deadline.
2. Posting - Posting of a sign in a conspicuous place on the property is to be done
fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of
the sign from the Community Development Department, to fill it in correctly and to bring
proof to the hearing that posting took place (use attached affidavit).
3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet
of the subject development parcel by the applicant. It is the applicant's responsibility to
obtain a copy of the notice from the Community Development Department, to mail it
according to the following standards, and to bring proof to the hearing that the mailing took
place (use attached affidavit).
Notice to mineral Estate Owner. An Applicant for surface Development shall notifY
affected mineral estate owners by at least thirty (30) days prior to the date scheduled for
the initial public hearing on the application for development, The applicant shall certifY
that the notice has been provided to the mineral estate owners.
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 public
hearing,
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ~7-o.ef\'Sr ~ ft'\(e
SCHEDULED PUBLIC HEARING DATE: 't-f1Ij/oJ . . \L.lLY ,7-'-l
, Aspen, CO
, 200 1..!.
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~'U'S.14 N ^-lE:.. L-6\teLL- (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:
~blication of notice: By the publication in the legal notice section ofan official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
~ng of nntice: 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 2-'0 day of
,\ UN€- , 200.h, to and including the date and time of the public
hearing. A photograph of the posted nntice (sign) is attached hereto.
~ailing of nntice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) ofthe 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 agencies so nnticed is attached hereto.
(continued on next page)
,
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.
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The foregoing "Affidavit of Notice" was acknowledged before me this llL day
of ~ v 1-'1 , 200/Q, by ~ "A'1..AI'. '" ~.
WITNESS MY HAND AND o~ SEAL
My commission ex ires: ~
ATIACHMENTS:
COPY OF THE PUBUCATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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PUBLIC NOTICE
0"......,
RE: AJAX MOUNTAIN BUILDING SUBDIVISION AND CONDOMINIUMIZATION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 24, 2006, at
a meeting to begin at 5:00 p,m. before the Aspen City Council, Council Chambers, City Hall, 130
S, Galena St., Aspen, to consider an application submitted by Ajax Mountain Associates, LLC.
requesting approval of Subdivision and Condominiumization to construct one free-market
residential unit and one affordable housing unit on the roof of the existing Ajax Mountain
Building. The property subject to this application is located at 520 E, Durant A venue and is
commonly known as the Ajax Mountain Building, The property is legally described as Lots N-S,
Block 96, City and Townsite of Aspen. The contact information for the Applicant is as follows:
Ajax Mountain Associates, PO Box 1709, Aspen, CO 81612.
For further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO 970.429.2763, (or by emai1jamesl@ci.aspen.co.us).
slllelen Kalin K1anderud. Mavor
Aspen City Council
Published in the Aspen Times on July 2, 2006
City of Aspen Account
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Use Avery@ TEMPLATE 5160@
312 HUNTER LLC 50%
C/O CAROLYN A BARABE
790 CASTLE CREEK DR
..;.SPEN, CO 81611
AGRUSA LISA ANN
425 W 23RD ST #15-E
NEW YORK, NY 10011
ANDERSON ROBERT M & LOUISE E
1021 23RD ST
CHETEK. WI 54728
ASPEN GALENA LLC
C/O BROWN MICHAEL H
400 W ONTARIO #1103
CHICAGO, IL 60610
ASPEN RETREAT LLC
6536 E GAINS BOROUGH
SCOTTSDALE, AZ 85251
BACSANYI ERNEST A TRUST 50%
PO BOX 89
HIGGINS LAKE, MI 48627-0089
BARBATA ELENA ANDERSON 1/3
C/O CHARLES SKIPSEY
PO BOX 2045
RANCHO SANTE FE, CA 92067
BASTIL DEAN D
4460 CHEROKEE DR
BROOKFIELD, WI 53045
BERSCH TRUST
9642 YOAKUM DR
BEVERLY HILLS, CA 90210
Blc JFF JOHN C
502"S"VIA GOLONDRINA
TUCSON, AZ 85716-5843
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1108 NORFLEET DR
NASHVILLE. TN 37220
AJAX MOUNTAIN ASSOCIATES LLC
520 E DURANT ST #207
ASPEN, CO 81611
AREP ASPEN SQUARE 406 LLC
PO BOX 1546
ASPEN, CO 81612
ASPEN GROVE ASSOCIATES LLP
205 S MILL ST STE 301 A
ASPEN, CO 81611-2948
ASPEN SKIING COMPANY LLC
PO BOX 1248
ASPEN, CO 81612
BAISCH BARBARA D
PO BOX 2127
LA JOLLA, CA 92038
BARBATA LAURA ANDERSON 1/3
C/O JUDY NORMAN
2040 FRANKLIN ST #507
SAN FRANSISCO, CA 94109
BATTLE GERALD LIVING TRUST
HIXON BURT LIVING TRUST
PO BOX 2847
NEWPORT BEACH, CA 92659
BICKERS EVERETT E
3320 OLD HILL RD
FLOYDS KNOBS, IN 47119
BLACK HAWK ASPEN LLC
ROECLlFFE COTTAGE JOE MOORES LN
WOODHOUSE EAVES LEICESTERSHIRE
LE128TF
ENGLAND,
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PO BOX 9066
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ALLEN ROBERTA
191 REVERKNOLLS
AVON, CT 06001
ASPEN B COMMERCIAL PROPERTIES
EMMY LOU BRANDT C/O
1440 E VALLEY RD 101
BASALT, CO 81621
ASPEN KOEPPEL LLC
211 MIDLAND AVE
BASALT, CO 81621
ASPEN SQUARE VENTURES LLP
C/O M & W PROPERTIES
205 S MILL ST STE 301A
ASPEN, CO 81611
BAKER HUGH LEE JR
555 E DURANT AVE STE 2K
ASPEN, CO 81611
BARGE RENE
408 31ST ST
NEWPORT BEACH, CA 92663
BECKER EQUITIES LLC
50 S JONES BLVD #100
LAS VEGAS, NV 89107
BIDWELL BERT INVESTMENT
CORPORATION
PO BOX 567
ASPEN, CO 81612
BONCZEK ROBERT R
POBOX 3854
CHAPEL HILL, NC 27515-3854
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C/O LEONARD WEINGLASS
534 E COOPER AVE
ASPEN, CO 81611
BOWDEN ROBERT
PO BOX 1470
ASPEN, CO 81612
BROWN GORDON H & ANN
860 SODA CREEK RD
EVERGREEN, CO 80439-9646
CARAS STACY JOAN
PO BOX 266
PALOS VERDES ESTATES, CA 90274
CASEY NANAH B
555 E DURANT AVE STE 2K
ASPEN, CO 81611
CHERAMIE CAPITAL HOLDINGS LLC
21/22
143 CHERAMIE LN
GOLDEN MEADOW, LA 70357
CLEMENT FAMILY TRUST
PO BOX 709
BIG BAR, CA 96010
COASTAL MTN PROPERTIES LLC
2639 MC CORMICK DR
CLEARWATER, FL 33759
COOBAC DEAN P TRUST #1 25%
4468 JUNIPER DR
KEWADIN, MI 49648
CO ,MES E & NANCY
32821"SURMONT
LAFAYETTE, CA 94549
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9610 SYMPHONY MEADOW LN
VIENNA, VA 22192
BRADEN PAMELA
6811 KENILWORTH AVE #400
RIVERDALE, MD 20737
BURGESS HUBERT & JO ANNE LIVING
TRUST
7138 MEADOWCREEK DR
DALLAS, TX 75254-2715
CARELLA RICHARD J & JOAN
555 E DURANT #31
ASPEN, CO 81611
CAVES KAREN WHEELER
1 BARRENGER CT
NEWPORT BEACH, CA 92660
CHISHOLM REVOCABLE TRUST
3725 N GRANDVIEW DR
FLAGSTAFF, AZ. 86004-1603
CLIFFORD MRS MARGARET JOAN
146 WILD TIGER RD
BOULDER, CO 80302
COLONY RAYMOND F TRUSTEE
COLONY ANITA MAE TRUSTEE
685 S LA POSADA CIR UNIT 2602
GREEN VALLEY, AZ. 85614-5156
COOPER NORTH OF NELL
CONDOMINIUMS LLC
903 N 4YTH ST
ROGERS, AR 72756-9615
CRAFT LESTER R JR
2026 VETERAN AVE
LOS ANGELES, CA 90025-5722
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BOURQUARD RICHARD E
2492 E TERRARIDGE DR
HIGHLANDS RANCH, CO 80126
BRADLEY MARK A
PO BOX 1938
BASALT, CO 81621
CALGI RAYMOND 0 & ANNE A
134 TEWKESBURY RD
SCARSDALE, NY 10583
CARRIAGE GROUP ASPEN LLC
124 RIGHTERS MILLRD
GLAOWYNE, PA 19035
CHATEAU ASPEN UNIT 21-A LLC
BLDG 421-G AABC
ASPEN, CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CMMM INVESTMENTS LLC
4937 HEARST ST #B
METAIRIE, LA 70001
COLORADO RESORT PROP GP
10218 ELLA LEE LN
HOUSTON, TX 77042
CORNELISSEN TOM
4753 N SHORE DR
MOUND, MN 55364-9607
DALY CAROL CENTER
155 LONE PINE RD C-ll
ASPEN, CO 81611
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DALY THOMAS J & JUDITH J
1590 HOMESTAKE DR
ASPEN. CO 81611
DIBRELL CHARLES G JR & FRANCES
24 ADLER CIR
GALVESTON, TX 77551-5828
DRUKER HENRY L
9 W 57TH ST STE 3420
NEW YORK. NY 10019-2701
ELLERON CHEMICALS CORP
720 NORTH POST RD #230
HOUSTON, TX 77024
ESSES CAROLINE & STEPHEN
8884 STABLE CREST BLVD
HOUSTON, TX 77024
FERRY JAMES Hili
BOX 167
GLENCOE, IL 60022
FRAZIER FAMILY DEC TRUST
C/O JAMES FRAZIER
624 E BLACKWELL AVE
BLACKWELL, OK 74631
GERARDOT JANE M TRUSTEE
GERARDOT J REVOCABLE TRUST
5526 HOPKINTON DR
FORTWAVNE, IN 46804
GODBOLD EDMUND 0
524 COLONY DR
HARTSDALE. NY 10530
G JWIN WILLIAM
41'll''6TH AVE STE 1200
DES MOINES, IA 50309
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C/O FRIAS PROPERTIES
730 E CURANT AVE
ASPEN, CO 81611
DONOVAN CAROL SMITH
800 N MICHIGAN AVE #3603
CHICAGO, IL 60611
DURWARD SUSAN & QUENTIN
702 E SAWGRASS TR
DAKOTA DUNES, SD 57049
ERIKSEN STEIN FAMILY PARNERSHIP
LLLP
PO BOX 2729
PARK CITY, UT 84060
EW PROPERTIES LLC
C/O B MASON TIAA-CREF
8000 FORSYTH
ST LOUIS, MO 63105
FITZGERALD FAMILY PARTNERSHIP L TD
C/O PITKIN COUNTY DRY GOODS LLC
520 E COOPER
ASPEN, CO 81611
GA RESORT CONDO ASSOC
1000 S MILL ST
ASPEN, CO 81611-3800
GILBERT GARY
1556 ROYAL BLVD
GLENDALE, CA 91207
GOFEN ETHEL CARO TRUSTEE
455 CITY FRONT PLAZA
CHICAGO,IL 60611
GRAND ASPEN LODGING LLC
PO BOX S
ASPEN, CO 81612-7420
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DAVIS ROSEMARIE
2240 ENCINITAS BLVD #401
ENCINITAS, CA 92024
DRAKE NANCY W
C/O GLAUBERMAN
9 E 40TH ST - 7TH FLOOR
NEW YORK, NY 10016-0402
ECCHYMOSIS LLC
4802 E SECOND ST
LONG BEACH, CA 90803
ESPOSITO VINCENT A & JANET M
TRUSTEES
6276 VIA CANADA
RANCHO PALOS VERDES, CA 90275
FEHR EDITH B REVOCABLE TRUST
C/O DAVID FEHR
717 PROMONTORY LN
BASALT, CO 81621
FLY MARIE N
7447 PEBBLE POINTE
W BLOOMFIELD, MI 48322
GABERMAN RICHARD M & PAVA
JEREMY TRUSTEE
380 UNION ST STE 300
WEST SPRINGFIELD, MA 01089
GLUCK CAROLE E
176 E 71ST ST
NEW YORK. NV 10021
GONE WEST LLC
C/O MILLAR MIKE
401 W CENTER
SEARCY, AK 72145-1406
GREENWAY COMPANY INC
666 TRAVIS ST STE 100
SHREVEPORT, LA 71101
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GREGG LELAND JOHN
979 QUEEN ST
ASPEN, CO 81611
GUIDO SWISS INN LTO PARTNERS
23655 TWO RIVERS RD
BASALT, CO 81621
HAROLD GRINSPOON CHILDRENS
FAMILY TRST
380 UNION ST
WEST SPRINGFIELD, MA 01089
HENRICKS JOHN AND BONNIE 50%
WILKIE MICHAEL 50%
254 N LAUREL AVE
DES PLAINES, IL 60016
HUNKE CARLTON J LVG TRST
4410 TIMBERLINE DR SW
FARGO, ND 58103
HYAfT GRAND ASPEN
C/O VIC GIANNELLI
415 E DEAN ST
ASPEN, CO 81611
JALILI MAHIR
PO BOX 4150
ASPEN, CO 81612
JOYCE EDWARD
11 S LA SALLE ST #1600
CHICAGO, IL 60603-1211
KIRSCHENBAUM DAVID TRSTE
NORTH OF NELL CONDOS
555 E DURANT AVE
ASPEN, CO 81611
KO!>" "OBERT LEIGH FAMILY TRUST
50'!>....
34425 HWY 82
ASPEN, CO 81611
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GRENKO PROPERTIES L TO
PO BOX 1120
CARBONDALE, CO 81623
GUILBEAU CAPITAL HOLDINGS LLC
151 CHERAMIE LN
GOLDEN MEADOW, LA 70357
HEMP SUZANNE L1V TRUST
15470 POMONA RD
BROOKFIELD, WI 53005
HOPPES DIANA
5400 VERNON AVE #106
EDINA, MN 55436
HUNTER PLAZA ASSOCIATES LLP
C/O M & W PROPERTIES
205 S MILL ST STE 301A
ASPEN, CO 81611
HYMAN BARBARA TRUST
150 BRADLEY PL #405
PALM BEACH. FL 33480
JENNE LLP
C/O PERRY & CO PC
PO BOX 1790
BELLAIRE, TX 77402-1790
K L 77 CO INVESTMENTS LP
8807 W SAM HOUSTON PKWY N #200
HOUSTON, TX 77040
KLEIMAN SCOTT G
1216 TIMBERLAND DR
MARIETTA, GA 30067
KOVAL BARBARA TRSTE
C/O NORTH OF NELL
555 E DURANT
ASPEN, CO 81611
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TRUST
100 EAST BLEEKER
ASPEN, CO 81611
GUSSELJOHNTHOMAS
PO BOX 600
WISCONSIN DELLS, WI 53965
HENDRICKS SIDNEY J
HENDRICKS YOLANDE EVERHARD
6614 LAKEVILLE RD
PETALUMA, CA 94954-9256
HUGHES CONSTANCE L
5580 LAJOLLA BLVD #511
LAJOLLA, CA 92037
HURWIN DUFFY & RON REV TRUST
558 TONAYA DR
TIBURON, CA 94920
INDEPENDENCE PARTNERS
C/O M & W PROPERTIES
205 S MILL ST #301A
ASPEN, CO 81611
JFG LIMITED PARTNERSHIP
A COLORADO LIMITED PARTNERSHIP
44125 E HWY 82
ASPEN, CO 81611
KEENAN MICHAEL & NOLA
265 S FEDERAL HWY #332
DEERFIELD BEACH, FL 33441
KNIGHT CHARLES T & ANNE G
PO BOX 50047
MONTECITO, CA 93150-0047
KRAJIAN RON
617 E COOPER AVE #114
ASPEN, CO 81611
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KUNKEL LEWIS S
68 JANE ST #7E
NEW YORK. NY 10014
LANDL KARL G & EDEL TRAUD I
6 W RIDGE AVE
PROSPECT HEIGHTS, IL 60070
LEFFERS JEFFREY J TRUSTEE
GERARDOT J REVOCABLE TRUST
5526 HOPKINTON DR
FORT WAYNE, IN 46804
MAUN MATTHEW D & S ELIZABETH
GIBSON BARRY & PATRICIA DOCHERTY
0225 CHEROKEE LN
CARBONDALE, CO 81623
MCPHETRES RICHARD M
7 YOUNG ST
BARTON ACT
2600 AUSTRALIA,
MIAO SANDRA
9610 SYMPHONY MEADOW LN
VIENNA, VA 22182
MOEN DONNE P & ELIZABETH A
8 CABALLEROS RD
ROLLING HILLS, CA 90274
N S N ASSOCIATES INC
11051 W ADDISON ST
FRANKLIN PARK, IL 60131
NEUMANN MICHAEL
7381 MOHASNIC DR
BLOOMFIELD HILLS, MI 48301
Nc' \NJOSH
43:n-r.AZA REAL STE 275
BOCA RATON, FL 33432-3999
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KUTINSKY BRIAN
7381 MOHANSIC DR
BLOOMFIELD HILLS, MI 48301
KUYFAR & CO
604 LIBERTY ST #311
PELLA,IA 50219-1777
LARSON KARL G & M MADELEINE
PO BOX 8207
ASPEN, CO 81612
LCT LP
TENNESSEE LIMITED PARTNERSHIP
PO BOX 101444
NASHVILLE. TN 37224-1444
MAIERSPERGER RENELL
2 CHADDWYCK LN
CHAODSFORD, PA 19317-9432
MARCUS DURANT GALENA LLC
C/O STEPHEN J MARCUS
PO BOX 1709
ASPEN, CO 81612
MAVROVIC ERNA
530 E 72ND ST APT 15-C
NEW YORK, NY 10021
MCGARRY ALEJANDRA ANDERSON 1/3
C/O MARY DIANE ANOERSON
PO BOX 1959
ASPEN, CO 81612
MCQUOWN ENTERPRISES LP
19330 CARRIGER RD
SONOMA, CA 95476
MEYER BUSINESS BUILDING LLC
23655 TWO RIVERS RD
BASALT, CO 81621
MILLER MARK EDWARD & LISA
WEATHERBY
3595 TUXEDO CT
ATLANTA, GA 30305
MJM AMENDED & RESTATED TRUST
1776 SLANE
NORTHBROOK, IL 60062
MOODY BRETT
6363WOODWAY#110
HOUSTON, TX 77057
MORRIS ROBERT P
600 E HOPKINS AVE STE 304
ASPEN, CO 81611
NATTERER HELEN
57 BURN BANK ST
NEPEAN
ONTARIO K2GOH2 CANADA,
NAYLOR IRVIN S
100 BOXWOOD LN
YORK, PA 17402
NIELSON COL STEVE & CAROL D
501 S FAIRFAX
ALEXANDRIA, VA 22314
NN LLC
C/O THOMAS GARRITANO
PO BOX41-1144
CHICAGO,IL 60641
NORTH OF NELL CONDO ASSOC
555 E DURANT AVE
ASPEN, CO 81611
OLlTSKY TAMAR G & STEPHEN L
2127 HAINES WY
LANSDALE, PA 19446
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OSHAUGHNESSY JANE A
2492 E TERRARIDGE DR
HIGHLANDS RANCH, CO 80126
PEARCE VIRGINIA
1195 E COOPER AVE #A
ASPEN, CO 81611
PH 006 LLC
555 E DURANT ST #3J
ASPEN, CO 81611
PORTE BROOKE
3520 PADDOCK RD
WESTON, FL 33331-3521
R & R INVESTMENTS
A CALIFORNIA PARTNERSHIP
15238 OAK VALLEY RD
RAMONA, CA 92065
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REICH DANIEL S TRUST 20%
6 RINCON ST
IRVINE, CA 92702
RESNICK EDITH L TRUSTEE
2245 CAMEO LAKE CT
BLOOMFIELD HILLS, MI 48302-1605
ROCKY MOUNTAIN VENTURES LLC
4510 NE DE LA MAR PL
LEES SUMMIT, MO 64064
ROSS BARBARA REVOCABLE TRUST
PO BOX 594
HANALEI, HI 96714
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R : ROGER A REVOCABLE TRUST
P Mox 770487
STEAMBOAT SPRINGS. CO 80477
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OWEN LYNNE H FAMILY TRUST
11200 LUXMANOR RD
ROCKVILLE, MD 20852
PEARSON REBECCA J
1610 JOHNSON DR
STILLWATER, MN 55082
PHILLIPS STEPHANIE
985 FIFTH AVE
NEW YORK, NY 10021
PRADA USA CORP
C/O GIORGION RIGHETTI, CFO
610 WEST 52 ST
NEW YORK, NY 10019
RAHLEK L TD AT BANK OF AMERICA
HARDING & CARBONE INC
3903 BELLAIRE BLVD
HOUSTON, TX 77025
REICH MELVIN L TRUST 80%
4609 SEASHORE DR
NEWPORT BEACH, CA 92663
RIEDEL JOYCE L TRUST
PO BOX 3006
EDWARDS. CO 81632-3006
ROGENESS GRAHAM A & RUTH ANN
3046 COLONY DR
SAN ANTONIO, TX 78230
ROSS JOHN F
7600 CLAYTON RD
ST LOUIS, MO 63117
ROYCE CHARLENE
43 W 64TH ST #4A
NEW YORK, NY 10023
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OWEN RICHARD W FAMILY TRUST
PO BOX 7699
HORSESHOE BAY. TX 78657-7699
PETERSON CHRISTY
867 HAVEN CREST CT NO
GRAND JUNCTION, CO 81506
POINDEXTER WILLIAM M & JANI
JENNIFER
1040 AVONOAK AVE
GLENDALE, CA 91206
PUCHY SHIRLEY
C/O NORTH OF NELL
555 E DURANT
ASPEN. CO 81611
RED FLOWER PROP CO PTNSHP
545 MADISON AVE STE 700
NEW YORK. NY 10022
RESIDENCES AT LITTLE NELL DEV LLC
C/O TYNANGROUP INC
2927 DE LA VINA ST
SANTA BARBARA, CA 93105
ROBERTS EILEEN
281 YORK ST
YORK VILLAGE. ME 03909
RONCHETTO LYNN A
320 E 42ND ST #101
NEW YORK. NY 10017
ROSS LUCIANNA G
33 PORTLAND PL
ST LOUIS, MO 63108
RUBENSTEIN ALAN B & CAROL S
57 OLDFIELD DR
SHERBORN, MA 01770
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RUBY RICHARD L TRUST
3000 TOWN CENTER #1730
SOUTHFIELD, MI 48075
S & S REALTY PARTNERS LLC
1040 FIFTH AVE #2C
NEW VORK, NY 10028
SALTON MARY
221 VALLEY RD
ITHACA, NY 14850
SCHMIDT RALPH N
536 N 7TH ST
GRAND JUNCTION, CO 81501
SEGUIN JEFF W & MADALYN B
PO BOX 8852
ASPEN, CO 81612
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SHAPIRO EUGENE B & MARLENE R
6301 E NAUMANN DR
PARADISE VALLEY, AZ 85253
SILVER DIP EQUITY VENTURE LLC
C/O GARFIELD & HECHT
601 E HYMAN AVE
ASPEN, CO 81611
STERLING TRUST COMPANY TRUSTEE
PO BOX 1491
HANALEI, HI 96714
SWENERG JAMES & SANDRA L
2660 ROCK REST RD
PITTSBORO, NC 27312
T llNELLO DENNIS J & KERRY L
6se-RIDGEWAY
WHITE PLAINS, NY 10605-4323
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RUTHERFORD GROUP
5514 CALUMET AVE
LA JOLLA, CA 92037
SACO INC
DAYWILLlAMAJR
10226 FIELDCREST DR
OMAHA, NE 68114
SANDIFER C WESTON JR & DICKSIE LEE
240 LINDEN DR
BOULDER, CO 80304-0471
SCHNITZER KENNETH JR
2100 MC KINNEY ST 1760
DALLAS, TX 75201
SEGUIN MARY E TRUST
4944 CASS ST #1002
SAN DIEGO, CA 92109-2041
SHERWIN GREG
2907 SHADOW CREEK DRIVE #104
BOULDER, CO 80303
SODERLlNG RONALD E TRUSTEE
C/O RESCO
901 DOVE ST STE 270
NEWPORT BEACH, CA 92660-3038
STUDENT ISAAC & NECHAMA UND 1/2
INT
PO BOX 457
ASPEN, CO 81612
TENNESSEE THREE
PO BOX 101444
NASHVILLE, TN 37224-1444
TOMKINS DOUGLAS S
CO ASPEN ART SUPPLY
520 E COOPER AVE
ASPEN, CO 81611
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RUTLEDGE REYNIE
51 COUNTRY CLUB CIR
SEARCY, AR 72143
SADEGHI NASSER
POBOX 1411
ASPEN, CO 81612
SCHEUERMAN JOANNE E
200 LOCUST ST #23A
PHILADELPHIA, PA 19106
SCHNITZER KENNETH L & LISA L
4023 OAK LAWN AVE
DALLAS, TX 75219
SEGUIN MICHAEL
PO BOX 1914
ASPEN, CO 81612
SHUMATE MARK
22116TH ST NW #2
ATLANTA, GA 30363
SOPRIS VENTURES LLC
PO BOX 572
PAUMA VALLEY, CA 92061
SWEARINGEN WILLIAM F
163 PONCE DE LEON AVE
ATLANTA, GA 30308
TENNESSEE THREE RENTALS
C/O MRS A E MILLER
222 HEATHER VIEW DR
JONESBOROUGH, TN 37659
TOMKINS KERN AND COMPANY
KERN ELIZABETH C/O
3131 LAKESIDE WAY
GRAND JUNCTION, CO 81506
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TREUER CHRISTIN L
981 E BRIARWOOD CIR N
LITTLETON, CO 80122
VARADY LOTHAR M & CHERYL G
5036 MAUNALANI crR
HONOLULU, HI 96816
WALLEN-OSTERAA REV LIVING TRUST
36 OCEAN VISTA
NEWPORT BEACH, CA 92660
WAVO PROPERTIES LP
443 SW SIXTH ST
DES MOINES, IA 50309
WELLS KATHERINE G
33 PORTLAND PL
ST LOUIS, MO 63108
W~ DWIGHT & KELLENE FOWLER
5509 UPPER CATTLE CRK RD
CARBONDALE, CO 81623
WILSHIRE COMPANY
PO BOX 828
ORINDA, CA 94563
WOLF LAWRENCE G TRUSTEE
22750 WOODWARD AVE #204
FERNDALE, MI 48220
~EFF DANIEL A
10 EDGEHILL RD
mLL VALLEY, CA 94941
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UNCAPHER BILL
PO BOX 2127
LA JOLLA, CA 92038
V M W TRUST OF 1991
301 N LAKE AVE STE 900
PASADENA, CA 91101
VOLK PLAZA LLC
C/O FLEISHER COMPY
0326 HWY 133 ST 220
CARBONDALE, CO 81623
VOLK RICHARD W TRUSTEE
C/O RICHARD W VOLK MANAGER
2327 MIMOSA DR
HOUSTON, TX 77019
WALLING REBECCA
350 BLANCA AVE
TAMPA, FL 33606
WARNKEN MARK G
1610 JOHNSON DR
STILLWATER, MN 55082
WEIGAND FAMILY TRUST 23/100
150 N MARKET
WICHITA, KS 67202
WEINGLASS LEONARD
PO BOX 11509
ASPEN, CO 81612
WELLS RICHARD A & SUSAN T
PO BOX 4867
ASPEN, CO 81612
WELSCH SUSAN FLEET TRUST
10 UTE PLACE
ASPEN, CO 81611
WEST ULLA CHRISTINA
3042 TOLKIEN LN
LAKE OSWEGO, OR 97034
WHITMAN WAYNE & FRAN UND 1121NT
PO BOX 457
CLEARWATER, FL 33757-0457
WINE RICHARD A
65 E INDIA ROW #29D
BOSTON, MA 02110
WOLF FAMILY TRUST 12123/1986
1221 MYRTLE AVE
SAN DIEGO, CA 92103
YERAMIAN CHARLES
PO BOX 12347
ASPEN, CO 81612
ZEFF DANIEL
CIO NORTH OF NELL
555 E DURANT 4K
ASPEN, CO 81611
ZEFF ELEANOR E & ROBERT H
555 E DURANT AVE
ASPEN, CO 81611
ZENSEN ROGER
313 FRANCES THACKER
WILLIAMSBURG, VA 23185
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If
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ,4J~y ;L1/~ fd 1/1, 'Jd/09Aspen, CO
SCHEDULED PUBLIC HEARING DATE: ~/ LLf;bb ,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
1,<\ q IA/l V2 <: L I ~ JI (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that 1 have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
4== Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suita~e,
waterproof materials, which was not less than twenty-two (22) inc]:es wide
and twenty-six (26) inches high, and which was composed ofletters not
"fess 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.
~~'YJ.ailing of notice. By the mailing of a notice obtained from the Community
'~velopment Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred POO) feet of the
property subject to the development application. The names and~ddresses of
property owners shall be those on the current tax records of Pitkin f?ounty as they
appeared no more than sixty (60) days prior to the date of the publiC hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the 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.
?h/d~(?/l ~ Ydj-
~atufe
The foregoing "Affidavit of Notice" was acknowledged before me this I!lrlt day
of , 200-'-, by ,jAM~ y,..J.r:rr
WITNESS MY HAND AND OFFICIAL SEAL
PUBLIC ~~;~~NG SUBDIVISiON
RE: AJAX MOUNTAIN J
AND CONDOMINIUMlZA.TIONGtv ' that a public
NOTICE 15 HERE~~nd 'July 24. 2006, at
hearing will be held on 5-00 .~. before the Ar.-
il meeting to begin at . U Chamber&, Clty Hall,
pen City Council, Counc to consider an applica-
130 5. Galena St., ~~~Oul\\ain Associates, UC
tionsubmlttedby I f Subdivision and Condo-
requestlng approval 0 lonelree-marketresl-
miniumizationtoCOns~';uablehooslngoniton
dential um! and one A' Mountain Buddlng.
the rool 01 the e~st~~~ t~~ application 15 \ocal-
The property subjec Avenue and is commonly
ed at 520 E.. Durant \"n Building. The prop--
kIlown as the Ajax Mo~ ~s Lots 1'1-5. Block 96,
erty is legally descnb As en. The contact mt~r-
City and TownSite otlic~t is as lollows: Ajax
mation tor the ,AP? PO BoX 1709, Aspen, CO
Mountain AsSOCiates,
1\1612_ 'tact James Lindt at
For lurther lnlonnatlOll, cO~tv Development De.-
the City ot Aspen co~::~~" 51.. Aspen. CO
partmenL 130 S. mail jamcs!@cI.Uspcn
9?0.4:l9.2763 (or by e
co_us') (H lenK K1anderud,Muyor
s e Aspen City Council
I mesWeckly on July 9,
published In the Aspen
:lOOb(3867)
My commis~ion expires: 6Ar/I1-J U)/l r
1'v.J.~ 'yJ.L-~) .
Notary 1ic or~./
..?:~ P U
~~ ....... !)(/.
~..,...." ........,.0
~: JAC\<.\S \
\ L01rlIAN i 0
/0
ATTACHMENTS: >1';;,,'r'-_-d:,<<-"C'I
tOF~
COPY OF THE PUBLICATION
IPH OF THE POSTED NOTICE (SIGN)
D GOVERNMENTAL AGENCIES NOTICED
BY MAIL
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26,304.060 (El, ASPEN LAND USE CODE
ADDRESS OF PROPERTY: . t:;;2D ~~~ ^,ILAspen,co
SCHEDULEDPUBLICHEARlNGDATE:O)'\~ ~4 ' ,206
STATE OF COLORADO )
) ...
Connty of Pitkin )
I, v---...... (name, please print)
being or represen' 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:
J Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the pubIlf
hearing. A photograph of the posted notice (sign) is attached hereto. 'I
\\
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to 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 agencies so noticed is atta~d hereto.
""
(continued on next page)
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.
~~L
Signature. .
. ~
The foregoing "Affidavit of Noticr: was aCknow1edrl beforetevthis ~J!if!.
of dlAJvll ,200Jf(by ""- Y/f1t an.
t
WITNESS MY HAND AND OFFICIAL SEAL
~ission expires:
J ~ L---_
Notary Public /.
,'..;.....:.
'l .
PUBLIC NOTICE (
RE: AJAX MOUNTAIN BUILDING SUBDMSIO
AND CONDO~IUMIZATlON
NOTICE lS~_ EBY GIVEN that a public hearin
will ~ held _ Monday, July 24, 2006, at a meet
" log 10 begiq1at 5:00 p.m. before lbe Aspen City
CollDdl, C II Chambenl, Oty Hall, ]30 S. Ga-
lenaSI.,Aspen,toconSideranappJicationsub-1
mitted by Ajax Mountain Associates, LLC. re-I
questingapprovaJofSubdivisionandCoodornini_
umization to construct one free-market resideo-
tial unit and oneaffordabJe houslngunil on the
roof of the existing Ajax Mountain Building. The r'RAPH OF THE POSTED NOTICE (SIGN)
property subject to thisappUcation is Jocated at
520 E. Durant Avenue and is commonly known as
I the Ajax Mountain Building. The property is le-
gally described as Lots NoS, Block 9{i, City and
Townsite of Aspen. The contact information for
the Applicant is as follows: Ajax MountainAsso-
clates. PO Box 1709,Aspen, CO B161Z.
For further information. contact James LIndt at
the City of Aspen Community Development De-
partment. 130 5, Galena 51., Aspen, CO
~7~~~.z763, (or by e,~ai~esl@d.aSpen
S/Hel~Kianderud,Mayo
Aspen City Council
A TT ACHMENTS:
Ii. ,
v r, 0
\, ", "L\V"'()
'-(>'C;;~:~O~O<(.~-
~'..'J.F
My COm"',OSiJn (;PIres 09/25/2OC:;
COPY OF THE PUBLICATION
AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
Published in the Aspen Times Weekly on Ju!yZ.
2006.(3853)
TO: Mayor K1anderud and City Council
MEMORANDUM
\/\\d
01V\1
THRU: Chris Bendon, Community Development Director
FROM: James Lindt, Senior Planner 0L---
RE: First Reading of Ordinance No.~ Series of 2006- Ajax Mountain Building (520
E. Durant Avenue) Subdivision, Public Hearinl! will be held on Julv 24th
DATE: June 26,2006
ApPLICANT IOWNER:
Ajax Mountain Associates, LLC.
REPRESENTATIVE:
Jeffrey Halferty
LOCATION:
520 E. Durant Avenue
Lots N-S, Block 96, of the City and
Townsite.
CURRENT ZONING:
Commercial Core (CC) Zone District
EXISTING LAND USE:
Mixed Use Building.
PROPOSED LAND USE:
Addition of one free-market residential
unit and one deed restricted employee
housing unit to existing mixed use
building.
SUMMARY:
The Applicant requests subdivision and
associated land use approvals to
construct one free-market dwelling unit
and one affordable housing unit on the
existing building.
PHOTO: Existing structure.
PLANNING AND ZONING
RECOMMENDATION:
Approval with Conditions.
COMMISSION
STAFF RECOMMENDATION:
Approval with Conditions.
LAND USE REOUESTS:
The Applicant has requested the following land use approvals to redevelop the site:
. Subdivision for the construction of multiple dwelling units in a mixed use building
pursuant to Land Use Code Section 26.480, Subdivision (City Council is final review
authoritv after considering a recommendation from the Planning and Zoning
Commission).
. A growth management review for the development of free-market residential units in a
mixed-use building pursuant to Land Use Code Section 26.470.040(C)(6), Free~Market
Residential Units within a Mixed-Use Project (Planning and Zoning Commission
approved with conditions pursuant to Resolution No. 20. Series of2006).
. A growth management review for the development of affordable housing pursuant to
Land Use Code Section 26.470.040(C)(7), Affordable Housing. (Planning and Zoning
Commission approved with conditions pursuant to Resolution No. 20. Series of2006).
. Condominiumization is a subdivision exemption that requires approval of the Community
Development Director pursuant to the Land Use Code Section 26.480.090,
Condominiumization. However, the proposed ordinance acknowledges this approval for
a future date (condominium plats are reviewed and approved bv the Communitv
Development Director upon substantial completion of construction).
. A certificate of appropriateness for major HPC development was applied for and granted
by the Historic Preservation Commission (HPC) pursuant to HPC Resolution No.1,
Series of 2006 (attached as Exhibit "C"). A certificate of appropriateness for major HPC
development was necessary because the building subject to the application is located
within the Commercial Core Historic District.
. A mountain view plane exemption was applied for and granted by the HPC pursuant to
HPC Resolution No.1, Series of 2006. The HPC found that the designated view plane
that originates from Cooper Street and is oriented towards Aspen Mountain is already
blocked by the Aspen Grove Fine Arts building to the north and the North of Nell
building that is located directly south of the property subject to this application and that
the proposed addition will not further infringe upon the designated view plane.
REVIEW PROCEDURE:
A development application for subdivision shall be approved, approved with conditions, or
denied by City Council after considering a recommendation from the Planning and Zoning
Commission and the Community Development Director pursuant to Land Use Code Section
26.480.040, Subdivision.
PROJECT SUMMARY:
The Applicant has requested approval to add a free-market residential dwelling unit of
approximately 3,314 square feet and a two (2) bedroom affordable housing unit of
approximately 1,110 square feet on the top of the existing Ajax Mountain Building, The
Applicant has already obtained approval of conceptual HPC review, final HPC review, and a
2
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mountain view plane exemption for the proposed addition from the Historic Preservation
Commission, pursuant to HPC Resolution No. 47, Series of 2005 and HPC Resolution No.1,
Series of 2006 (attached as Exhibit "C"). Additionally, the Applicant received approval of a
growth management review for the development of free-market residential units in a mixed use
project and a growth management review for the development of affordable housing from the
Planning and Zoning Commission pursuant to P & Z Resolution No. 20, Series of 2006
(attached as Exhibit "D").
The following chart compares the proposed development dimensions with the dimensional
requirements of the Commercial Core (CC) Zone District:
Minimum Lot
Size
Minimum Lot
Width
Minimum Lot
ArealDwellin
South Front Yard
Setback
East Front Yard
Setback
Minimum Side
Yard Setback
Minimum Rear
Yard Setback
Maximum Height
Floor Area Ratio
(FAR)
Minimum Off-
Street Parkin
18,000 SF
100 Feet
6,000 SF
56 Feet forroof addition
64 Feet for roof addition
o Feet for roof addition
o Feet for roof addition
35 Feet
Overall Proposed FAR=1.56:1
Commercial/Office= 1.22: 1
Free Market Residential= .18: 1
Affordable Housing= .06:1
o Parking Spaces proposed for
the additional residential units
No Requirement
No Requirement
No Requirement
o Feet
o Feet
o Feet
o Feet
42 Feet for all areas of the property, 46
Feet for areas setback 15 or more feet
from lot lines adjoining a Street right-of-
way.
Overall Allowable FAR= 3:1
Commercial/Office= 2:1
Free Market Residential= 1: 1
Affordable Housing= No Limit
o Parking Spaces required for the
additional residential units
STAFF COMMENTS:
SUBDIVISION:
The Applicant is requesting subdivision approval, including condominiumization, because the
development of a multi-family dweJling unit in a mixed used development requires approval of
subdivision pursuant to the definition of subdivision in the City's land use code.
In reviewing the subdivision portion of the application, Staff believes that the proposal meets the
applicable subdivision review standards established in Land Use Code Section 26.480.050,
3
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Review Standards. Staff feels that the proposal is consistent with the infill development goals
established in the 2000 Aspen Area Community Plan and is being developed in conformance
with the underlying Commercial Core Zone District's allowable dimensional requirements and
permitted uses. Staff further believes that the site subject to the proposal is suitable for
development and contains no known geologic hazards. Furthermore, adequate utilities exist for
the proposed development on the roof of the existing building.
FREE-MARKET RESIDENTIAL UNIT SIZE:
The proposed free-market residential unit is to be 3,314 square feet. A code amendment
enacting a maximum size of 2,000 square feet on free-market residential units in the Commercial
Core Zone District was adopted pursuant to Ordinance No. 12, Series of 2006 on March 28,
2006. However, the proposed application was submitted for review in December of 2005, and is
not subject to the provisions of Ordinance No. 12, Series of2006.
GROWTH MANAGEMENT REVIEW: FREE-MARKET UNITS WITHIN A MIXED-USE PROJECT
In order to develop new free market residential floor area in a mixed use building, the Applicant
is required to mitigate by providing affordable housing equal to 30% of the free-market
residential floor area being added to the property. As was discussed above, the Applicant has
proposed 3,314 square feet of free-market residential floor area and an affordable housing unit of
1,110 square feet that equals about 33% of the amount of free-market residential floor area. The
affordable housing unit being proposed is to be deed-restricted as a Category 4 affordable
housing unit. Additionally, the application was applied for in the 2005 growth management year
and there were two (2) free-market residential allotments available at the time the application
was submitted. Therefore, Staff believes that the application satisfies the review standards for
granting a growth management review for the development of a free-market residential unit in a
mixed-use project. The Planning and Zoning Commission granted approval of the requested
Growth Management Review for Free-Market Residential Units within a Mixed-Use Project,
finding that the applicable review standards are satisfied by the application.
GROWTH MANAGEMENT REVIEW: AFFORDABLE HOUSING
The Applicant requires growth management review for the development of affordable housing to
construct the one affordable housing unit being proposed. Staff believes that the proposal
satisfies the review standards for granting growth management approval to construct affordable
housing units. Staff finds that there continues to be a need for the development of additional
affordable units in that the overall development ceiling for affordable housing that is established
in the growth management section of the land use code has not yet been reached. The Housing
Authority has reviewed the proposal and finds that the proposed affordable housing units meet
the Affordable Housing Guideline requirements. Staff has included a condition of approval in the
proposed ordinance outlining the conditions that the Housing Board requested. The Planning
and Zoning Commission approved a Growth Management Review for Affordable Housing
finding that the applicable review standards are satisfied by the application.
OFF-STREET PARKING REQUIREMENTS:
The Applicant has not proposed any off-street parking spaces for the proposed addition. The
proposed addition is to contain residential units that are not required to have off-street parking
spaces in the Commercial Core Zone District pursuant to Land Use Code Section 26.515.030,
Required number of off-street parking spaces.
4
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SCHOOL LANDS DEDICATIONS FEE:
Given that the proposed development constitutes a full subdivision review, Land Use Code
Section 26.630, School Lands Dedications, requires that the Applicant either dedicate lands for
school function or pay a cash-in-1ieu fee. The Applicant has proposed to pay a cash-in-lieu fee
pursuant to the fee schedule established in Land Use Code Section 26.630. Staffhas included a
condition of approval in the proposed ordinance requiring that the Applicant pay the School
Lands Dedications fee prior to issuance of a building permit for the proposed development.
PARK DEVELOPMENT IMPACT FEE:
The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added
to the site pursuant to Land Use Code Section 26.610, Park Development Impact Fee. The Park
Development Impact Fee for this project shall be assessed based on the following calculation:
I New Unit multiplied by $3,634 (three-bedroom or larger fee) =$3,634.00
1 New Unit multiplied bv $2,725 (two-bedroom fee) = $2,725.00
Park Development Impact Fee= $6,359.00
Staff has included a condition of approval in the proposed ordinance requiring that a Park
Development Impact Fee of $6,359.00 be paid at prior to building permit issuance. If the fee
schedule changes by the time the Applicant submits an application for a building permit, the fee
schedule in place at the time of building permit is ready for issuance shall apply.
REFERRAL AGENCY COMMENTS:
The Community Development Engineer, Fire Marshall, Water Department, Aspen Consolidated
Sanitation District, Housing Department, and the Parks Department have all reviewed the
proposed application and their comments have been included as conditions of approval when
appropriate. Referral comments are attached as Exhibit "E".
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission unanimously recommends that City Council approve the
proposed subdivision with the conditions contained in the attached ordinance, finding that the
proposed subdivision satisfies the applicable review standards.
RECOMMENDATION:
Staff recommends that City Council approve the attached ordinance, approving with conditions,
the requested subdivision application.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve upon first reading, Ordinance No.~, Series of 2006, approving with
conditions, the Ajax Mountain Building Subdivision to develop a free-market residential unit
and a two-bedroom affordable housing unit on the roof of the existing Ajax Mountain Building
at 520 E. Durant Avenue."
5
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ATTACHMENTS:
EXHIBIT A - Review Criteria and Staff Findings
EXHIBIT B - Application
EXHIBIT C - HPC Resolutions
EXHIBIT D - P & Z Resolution
EXHIBIT E - Referral Comments
6
-,
ORDINANCE NO;2.'t
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS, THE AJAX MOUNTAIN BUILDING SUBDMSION AND
CONDOMINIUMIZATION TO CONSTRUCT ONE FREE-MARKET
RESIDENTIAL UNIT AND ONE DEED-RESTRICTED AFFORDABLE HOUSING
UNIT ON THE PROPERTY LOCATED AT 520 EAST DURANT AVENUE, LOTS
N-S, BLOCK 96, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
ParcelID: 2737-182-22-006
WHEREAS, the Community Development Department received an application
from the Ajax Mountain Associates, represented by Jeffrey Halferty Design and Haas
Land Planning, requesting approval of subdivision, growth management review for the
development of free-market residential units in a mixed use project, growth management
review for the development of affordable housing, and condominiumization to construct
one free-market residential unit and one deed-restricted affordable housing unit on the
roof of the existing Ajax Mountain Building located at 520 E. Durant Avenue; and,
WHEREAS, the subject property is zoned Commercial Core (CC) and contains
18,000 square feet oflot area; and,
WHEREAS, the Historic Preservation Commission reviewed and granted
Conceptual HPC Design approval for the addition pursuant to HPC Resolution No. 47,
Series of 2005; and,
WHEREAS, the Historic Preservation Commission reviewed and granted Final
HPC Design approval and an exemption from Mountain View Plane Review for the
addition pursuant to HPC Resolution No.1, Series of2006; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning
and Zoning Commission approved Resolution No. 20, Series of2006, by a five to zero (5-0)
vote, approving with conditions, a growth management review for the development of
free-market residential units in a mixed use project, a growth management review for the
development of affordable housing, and recommending that City Council approve with
conditions, the proposed subdivision and condominiumization to construct one free-market
residential unit and one deed-restricted affordable housing unit on the roof of the Ajax
Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and Townsite of
Aspen; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing on July 24, 2006, the Aspen
City Council approved Ordinance No. _' Series of 2006,by a to L-~
vote, approving with conditions, the Ajax Mountain Building Subdivision to construct one
free-market residential unit and one deed-restricted affordable housing unit on the roof of
the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and
Townsite of Aspen; and,; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Aspen City Council hereby approves the Ajax Mountain Building Subdivision to
construct one free-market residential unit and one deed-restricted affordable housing unit
on the roof of the Ajax Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96,
City and Townsite of Aspen, subject to the conditions contained herein.
Section 2: Plat and Aueement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval. The final
Condominium Plat may be approved and signed by the Community Development Director
upon substantial completion of construction.
Section 3: Buildinl! Permit Application
The building permit application shall include the following:
a. A copy ofthe final Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page ofthe building permit set.
c. A drainage plan, prepared by a Colorado licensed Civil Engineer. A 5-year storm
frequency should be used in designing any drainage improvements.
d. A construction management plan meeting the Building Department's requirements.
The construction management plan shall include an identification of construction
hauling routes, construction phasing, a construction traffic and parking plan for
review and approval by the City Engineer and Streets Department Superintendent.
e. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
f. Accessibility and ADA requirements shall meet the building code requirements.
Section 4: Dimensional Requirements
The addition as presented complies with the dimensional requirements of the Commercial
Core (CC) Zone District. Compliance with the allowable dimensional requirements will
be verified by the City of Aspen Zoning Officer at the time of building permit submittal.
Section 5: Affordable Housinl!.
The affordable housing unit shall be in compliance with the Aspen/Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed
restriction on the affordable housing unit at the time of recordation of the condominium
plat and prior to the issuance of a Certificate of occupancy for the building, classifying
the unit as a Category 4 unit (or below) and containing 1,110 square feet (necessary to
comprise at least 30% of the floor area in the free-market residential unit to meet AH
mitigation requirements). Included in the governing documents shall be language
reflecting the potential for the unit to become an ownership unit.
If the Applicant chooses to deed restrict the affordable housing unit as a rental unit, the
Applicant shall convey a 1/10 of a percent, undivided interest in the unit to the
Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the addition. The unit may be deed-restricted as a rental
unit, but the unit shall become an ownership unit at such time as the owner would request
a change to a "for-sale" unit or at such time as the Aspen/Pitkin County Housing
Authority deems the unit to be out of compliance with the rental occupancy requirements
in the Affordable Housing Guidelines for a period of more than year. If the affordable
housing unit is a "for-sale" unit, the unit's homeowners' association dues shall be a
percentage of the free-market residential unit's dues equal to the affordable housing
unit's market value compared to that of the free-market residential unit's market value in
the complex.
Section 6: Fire Mitil!.ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 7: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the new units within the building shall have individual water
meters.
/
Section 8: Sanitation District Reauirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter, patio drains) to
ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade
development may require installation of a pumping system. Shared service line agreements
will be required where more than one unit is served by a single service line.
Section 9: Exterior Lil!htinl!
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 10: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-1ieu ofland dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 11: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $6,359.00 prior to building
permit issuance. The fee is assessed based on the following calculation:
1 Unit multiplied by $3,634 (three bedroom or larger fee) = $3,634.00
1 Unit multiplied bv $2,725 (two-bedroom fee) = $2,725.00
Park Development Impact Fee= $6,359.00
If the fee schedule changes by the time the Applicant submits an application for a
building permit, the fee schedule in place at the time of building permit is ready for
issuance shall apply.
Section 12: Impact Fees
All impact fees in effect at the time of building permit, as applicable, shall be paid prior
to the issuance of a building permit.
Section 13: Vested Ril!hts
The development approvals granted herein shall be vested for a period of three (3) years from
the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
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: Ajax
Mountain Building, City and Townsite of Aspen, by Ordinance No. _' Series of
2006, of the Aspen City Council.
Section 14:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 15:
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 16:
A public hearing on the ordinance shall be held on the 24th day of July, 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of June, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 24th day of July, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Exhibit A
SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS
Section 26.480.050 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
A. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan.
Staff Finding
The project is in compliance with the allowable dimensional requirements and permitted uses in
the Commercial Core Zone District in which it is proposed. Staff does not believe that this
application conflicts with the goals and objectives of the AACP. Furthermore, the Historic
Preservation Commission has already granted final HPC design approval and a mountain view
plane exemption; and the Planning and Zoning Commission has granted a growth management
review for free-market residential units in a mixed use project and a growth management review
for the development of affordable housing. Staff finds this criterion to be met.
b. The proposed subdivision shall be consistent with the character of existing land uses in
the area.
Staff Finding
Staff believes that the proposed residential uses on the roof of an existing building are a
permitted use in the Commercial Core Zone District. Additionally, the proposal for constructing
residential units on the top of commercial/office buildings in the Commercial Core of town is
consistent with the development pattern that is prevalent in the core. Staff finds this criterion to
be met.
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding
As the application indicates, the surrounding properties are close to fully developed. Therefore,
Staff does not believe that the proposal will adversely affect the future development of the
surrounding properties. Staff finds this criterion to be met.
d. The proposed subdivision shall be in compliance with all applicable requirements of
this Title.
Staff Finding
The proposed development is in compliance with the Commercial Core Zone District
dimensional requirements and meets all other land use regulations that were in effect at the time
of application. Staff finds this criterion to be met.
B. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land unsuitable for
development because offlooding, drainage, rock or soil creep, mud flow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other condition
7
that will be harmful to the health, safety, or welfare of the residents in the proposed
subdivision.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
Staff Finding
Staff believes that the property is suitable for subdivision. The site contains no steep topography
and no known geologic hazards that may harm the health of any of the inhabitants of the
proposed development. In addition, there is an existing commercial building on the site that is
already served by the necessary utilities, thus there shall not be a premature extension of public
facilities or utilities. Staff finds this criterion to be met.
C. Improvements. The improvements setforth at Chapter 26.580 shall be provided for the
proposed subdivision. These standards may be varied by special review (See, Chapter 26.430)
if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the subdivision
design standards would result in incompatibility with the Aspen Area Comprehensive Plan,
the existing, neighboring development areas, and/or the goals of the community.
2. The applicant shall specifY each design standard variation requested and provide
justification for each variation request, providing design recommendations by professional
engineers as necessary.
"
Staff Finding
Since the proposal is for development on the roof of an existing commercial building in the
commercial core of Aspen, many of the improvements like sidewalks required by Land Use
Code Section 26.580 are already in place. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall
be required to provide affordable housing in compliance with the requirements of Chapter
26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling
units shall be required to provide affordable housing in compliance with the requirements of
Chapter 26.470, Growth Management Quota System.
Staff Finding
The Applicant has proposed to provide a two-bedroom affordable housing unit consisting of
1,110 square feet, which satisfies the employee housing mitigation requirements as set forth in
the growth management section of the land use code. The Planning and Zoning Commission has
already granted a growth management review for the development of free-market residential
units in a mixed use project and a growth management review for affordable housing. Staff finds
this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards set forth
at Chapter 26.630.
8
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Staff Finding
The proposed subdivision is required to meet the School Land Dedication Standards pursuant to
Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing
land, which will be paid prior to building permit issuance based on the fee schedule in place at
the time of building permit submittal. Staff finds this criterion to be met.
F. Growth Management ApprovaL Subdivision approval may only be granted to applications
for which all growth management development allotments have been granted or growth
management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision
approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit
Development (AH-PUD) without first obtaining growth management approvals if the newly
created parcel(s) is required to obtain such growth management approvals prior to
development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, ~
2)
Staff Finding
The Applicant has received approval from the Planning and Zoning Commission for the
necessary growth management reviews to develop the proposal. Staff finds this criterion to be
met.
9
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PUBLIC NOTICE I-v S;!t;H()/fN~
AJAX MOUNTAIN BUILDING SUBDIVISION, CONDOMINIUMIZA~~N (2~0
RE:
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 24, 2006, at
a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by Ajax Mountain Associates,
LLC. requesting approval of Subdivision and Condominiumization to construct one free-market
residential unit and one affordable housing unit on the roof of the existing Ajax Mountain
Building. The property subject to this application is located at 520 E. Durant Avenue and is
commonly known as the Ajax Mountain Building. The property is legally described as Lots N-S,
Block 96, City and Townsite of Aspen. The contact information for the Applicant is as follows:
Ajax Mountain Associates, PO Box 1709, Aspen, CO 81612.
For further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO 970.429.2763, (or by ernailjames1@ci.aspen.co.us).
s/Helen Kalin K1anderud, Mavor
Aspen City Council
Published in the Aspen Times on July 2, 2006
City of Aspen Account
;+FfJ{OV~C; (/tlJ
RESOLUTION NO. 20
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING WITH CONDITIONS, GROWTH MANAGEMENT
REVIEW FOR FREE-MARKET RESIDENTIAL UNITS IN A MIXED USE
PROJECT AND THE DEVELOPMENT OF AFFORDABLE HOUSING, AND
RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS,
THE AJAX MOUNTAIN BUILDING SUBDMSION AND
CONDOMINIUMIZA TION TO CONSTRUCT ONE FREE-MARKET
RESIDENTIAL UNIT AND ONE DEED-RESTRICTED AFFORDABLE HOUSING
UNIT ON THE PROPERTY LOCATED AT 520 EAST DURANT AVENUE, LOTS
N-S, BLOCK 96, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelID: 2737-182-22-006
WHEREAS, the Community Development Department received an application
from the Ajax Mountain Associates, represented by Jeffrey Halferty Design and Haas
Land Planning, requesting approval of subdivision, growth management review for the
development of free-market residential units in a mixed use project, growth management
review for the development of affordable housing, and condominiumization to construct
one free-market residential unit and one deed-restricted affordable housing unit on the
roof of the existing Ajax Mountain Building located at 520 E. Durant Avenue; and,
WHEREAS, the subject property is zoned Commercial Core (CC) and contains
18,000 square feet oflot area; and,
WHEREAS, the Historic Preservation Commission reviewed and granted
Conceptual HPC Design approval for the addition pursuant to HPC Resolution No. 47,
Series of 2005; and,
WHEREAS, the Historic Preservation Commission reviewed and granted Final
HPC Design approval and an exemption from Mountain View Plane Review for the
addition pursuant to HPC Resolution No.1, Series of2006; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning and
Zoning Commission approved Resolution No. 20, Series of 2006, by a five to zero (5-0)
vote, approving with conditions, a growth management review for the development of
free-market residential units in a mixed use project, a growth management review for the
development of affordable housing, and recommending that City Council approve with
conditions, the proposed subdivision and condominiumization to construct one free-market
residential unit and one deed-restricted affordable housing unit on the roof of the Ajax
Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and Townsite of
Aspen; and,
Page 1 of5
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the City of Aspen Planning and Zoning Commission hereby approves a
growth management review for the development of free-market residential units in a
mixed use project, a growth management review for the development of affordable
housing, and recommend that City Council approve the proposed subdivision and
condominiumization to construct one free-market residential unit and one deed-restricted
affordable housing unit on the roof of the Ajax Mountain Building, 520 E. Durant
Avenue, Lots N-S, Block 96, City and Townsite of Aspen, subject to the conditions of
approval contained herein.
Section 2: Plat and Aueement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval. The final
Condominium Plat may be approved and signed by the Community Development Director
upon substantial completion of construction.
Section 3: Buildin!! Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A drainage plan, prepared by a Colorado licensed Civil Engineer. A 5-year storm
frequency should be used in designing any drainage improvements.
d. A construction management plan meeting the Building Department's requirements.
The construction management plan shall include an identification of construction
hauling routes, construction phasing, and a construction traffic and parking plan for
review and approval by the City Engineer and Streets Department Superintendent.
Page 2 of 5
e. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
f. Accessibility and ADA requirements shall meet the building code requirements.
Section 4: Dimensional Requirements
The addition as presented complies with the dimensional requirements of the Commercial
Core (CC) Zone District. Compliance with the allowable dimensional requirements will
be verified by the City of Aspen Zoning Officer at the time of building permit submittal.
Section 5: Affordable Housinl!:
The affordable housing unit shall be in compliance with the Aspen/Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed
restriction on the affordable housing unit at the time of recordation of the condominium
plat and prior to the issuance of a Certificate of occupancy for the building, classifying
the unit as a Category 4 unit (or below) and containing 1,110 square feet (necessary to
comprise at least 30% of the floor area in the free-market residential unit to meet AH
mitigation requirements). Included in the governing documents shall be language
reflecting the potential for the unit to become an ownership unit.
If the Applicant chooses to deed restrict the affordable housing unit as a rental unit, the
Applicant shall convey a 1/10 of a percent, undivided interest in the unit to the
Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the addition. The unit may be deed-restricted as a rental
unit, but the unit shall become an ownership unit at such time as the owner would request
a change to a "for-sale" unit or at such time as the Aspen/Pitkin County Housing
Authority deems the unit to be out of compliance with the rental occupancy requirements
in the Affordable Housing Guidelines for a period of more than year. If the affordable
housing unit is a "for-sale" unit, the unit's homeowners' association dues shall be a
percentage of the free-market residential unit's dues equal to the affordable housing
unit's market value compared to that of the free-market residential unit's market value in
the complex.
Section 6: Fire Mitil!:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 7: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the new units within the building shall have individual water
meters.
Section 8: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter, patio drains) to
Page 3 of5
ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade
development may require installation of a pumping system. Shared service line agreements
will be required where more than one unit is seryed by a single seryice line.
Section 9: Exterior Lil!:htinl!:
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 10: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-1ieu ofland dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 11: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $6,359.00 prior to building
permit issuance. The fee is assessed based on the following calculation:
1 Unit multiplied by $3,634 (three bedroom or larger fee) = $3,634.00
1 Unit multiplied by $2,725 (two-bedroom fee) = $2,725.00
Park Development Impact Fee= $6,359.00
Section 12:
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 13;
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 14:
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.
Page 4 of 5
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th
day of June, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
Page 5 of5
K1t,
MEMORANDUM
TO: Aspen Planning and Zoning Commission
..jA;k
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: James Lindt, Senior Planner
RE: Ajax Mountain Building (520 E. Durant Avenue) Subdivision, Growth
Management Review for Free-Market Residential Units in a Mixed Use
Development, Growth Management Review for Development of Affordable
Housing, and Condominiumization - Public Hearinl!:
DATE: June 6, 2006
ApPLICANT /OWNER:
Ajax Mountain Associates, LLC.
REPRESENTATIVE:
Jeffrey Halferty
LOCATION:
520 E. Durant Avenue
Lots N-S, Block 96, of the City and
Townsite.
CURRENT ZONING:
Commercial Core (CC) Zone District
EXISTING LAND USE:
Mixed Use Building.
PROPOSED LAND USE:
Addition of one free-market residential
unit and one deed restricted employee
housing unit to existing mixed use
building.
PHOTO: Existing structure.
SUMMARY:
The Applicant requests subdivision and
associated land use approvals to construct one
free-market dwelling unit and one affordable
housing unit on the existing building.
STAFF RECOMMENDATION:
Approval with Conditions.
LAND USE REQUESTS:
The Applicant is requesting the following land use approvals to redevelop the site:
. Subdivision for the construction of multiple dwelling units in a mixed use building
pursuant to Land Use Code Section 26.480, Subdivision (Citv Council is final review
authority after considering a recommendation from the Planning and Zoning
Commission).
.
. A growth management review for the development of free-market residential units in a
mixed-use building pursuant to Land Use Code Section 26.470.040(C)(6), Free-Market
Residential Units within a Mixed-Use Project (Planning and Zoning Commission is the
final review authoritv).
. A growth management review for the development of affordable housing pursuant to
Land Use Code Section 26.470.040(C)(7), Affordable Housing. (Planning and Zoning
Commission is the final review authoritv).
. Condominiumization is a subdivision exemption that requires approval of the Community
Development Director pursuant to the Land Use Code Section 26.480.090,
Condominiumization. However, the attached resolution acknowledges this approval for a
future date (condominium plats are reviewed and approved bv the Community
Development Director upon substantial completion of construction).
. A certificate of appropriateness for major HPC development was applied for and granted
by the Historic Preservation Commission (HPC) pursuant to HPC Resolution No.1,
Series of 2006 (attached as Exhibit "C"). A certificate of appropriateness for major HPC
development was necessary because the building subject to the application is located
within the Commercial Core Historic District.
. A mountain view plane exemption was applied for and granted by the HPC pursuant to
HPC Resolution No.1, Series of 2006. The HPC found that the designated view plane
that originates from Cooper Street and is oriented towards Aspen Mountain is already
blocked by the North of Nell building that is located directly south ofthe property subject
to this application and that the proposed addition will not further infringe upon the
designated view plane.
REVIEW PROCEDURE:
A development application for subdivision shall be approved, approved with conditions, or
denied by City Council after considering a recommendation from the Planning and Zoning
Commission and the Community Development Director pursuant to Land Use Code Section
26.480.040, Subdivision.
A development application for the development of a free-market residential unit in a mixed use
building shall be approved, approved with conditions, or denied by the Planning and Zoning
Commission pursuant to Land Use Code Section 26.470.040(C)(7), Growth Management
Review: Free-Market Residential Units within a Mixed Use Development.
A development application for the development of affordable housing shall be approved,
approved with conditions, or denied after review and consideration by the Planning and Zoning
Commission pursuant to Land Use Code Section 26.470.040(C)(7), Growth Management
Review: Affordable Housing.
Once the project is substantially completed, the project will be condominiumized.
2
PROJECT SUMMARY:
The Applicant has requested approval to add a free-market residential dwelling unit of
approximately 3,314 square feet and a two (2) bedroom affordable housing unit of
approximately 1,110 square feet on the top of the existing Ajax Mountain Building. The
Applicant has already obtained approval of conceptual HPC review, final HPC review, and a
mountain view plane exemption for the proposed addition from the Historic Preservation
Commission, pursuant to HPC Resolution No. 47, Series of 2005 and HPC Resolution No.1,
Series of 2006 (attached as Exhibit "CO).
The following chart compares the proposed development dimensions with the dimensional
requirements of the Commercial Core (CC) Zone District:
DiJnensillllill Propllsed .. DiJnensional Underlying Commereial Cllre ZIIne
Reqtd..eill.e.tf Requirements District Requirements
Minimum Lot 18,000 SF No Requirement
Size
Minimum Lot 100 Feet No Requirement
Width
Minimum Lot 6,000 SF No Requirement
Area/Dwelling
South Front Yard 56 Feet for roof addition o Feet
Setback
East Front Yard 64 Feet for roof addition o Feet
Setback
Minimum Side o Feet for roof addition o Feet
Yard Setback
Minimum Rear o Feet for roof addition o Feet
Yard Setback
Maximum Height 35 Feet 42 Feet for all areas of the property, 46
Feet for areas setback 15 or more feet
from lot lines adjoining a Street right-of-
wav.
Floor Area Ratio Overall Proposed FAR=1.56:1 Overall Allowable FAR= 3:1
(FAR) Commercial/Office= 1.22: 1 Commercial/Office= 2:1
Free Market Residential= .18: 1 Free Market Residential= 1: 1
Affordable Housing= .06:1 Affordable Housing= No Limit
Minimum Off- o Parking Spaces proposed for 0 Parking Spaces required for the
Street Parking the additional residential units additional residential units
STAFF COMMENTS:
SUBDIVISION:
The Applicant is requesting subdivision approval, including condominiumization, because the
development of a multi-family dwelling unit in a mixed used development requires approval of
subdivision pursuant to the definition of subdivision in the City's land use code.
3
In reviewing the subdivision portion of the application, Staff believes that the proposal meets the
applicable subdivision review standards established in Land Use Code Section 26.480.050,
Review Standards. Staff feels that the proposal is consistent with the infiJl development goals
established in the 2000 Aspen Area Community Plan and is being developed in conformance
with the underlying Commercial Core Zone District's allowable dimensional requirements and
permitted uses. Staff further believes that the site subject to the proposal is suitable for
development and contains no known geologic hazards. Furthermore, adequate utilities exist for
the proposed development on the roof ofthe existing building.
FREE-MARKET RESIDENTIAL UNIT SIZE:
The proposed free-market residential unit is to be 3,314 square feet. A code amendment
enacting a maximum size of 2,000 square feet on free-market residential units in the Commercial
Core Zone District was adopted pursuant to Ordinance No. 12, Series of 2006 on March 28,
2006. However, the proposed application was submitted for review in December of2005, and is
not subject to the provisions of Ordinance No. 12, Series of 2006.
GROWTH MANAGEMENT REVIEW: FREE-MARKET UNITS WITHIN A MIXED-USE PROJECT
In order to develop new free market residential floor area in a mixed use building, the Applicant
is required to mitigate by providing affordable housing equal to 30% of the free-market
residential floor area being added to the property. As was discussed above, the Applicant has
proposed 3,314 square feet of free-market residential floor area and an affordable housing unit of
1,110 square feet that equals about 33% of the amount of free-market residential floor area. The
affordable housing unit being proposed is to be deed-restricted as a Category 4 affordable
housing unit. Additionally, the application was applied for in the 2005 growth management year
and there were two (2) free-market residential allotments available at the time the application
was submitted. Therefore, Staff believes that the application satisfies the review standards for
granting a growth management review for the development of a free-market residential unit in a
mixed-use project.
GROWTH MANAGEMENT REVIEW: AFFORDABLE HOUSING
The Applicant requires growth management review for the development of affordable housing to
construct the one affordable housing unit being proposed. Staff .believes that the proposal
satisfies the review standards for granting growth management approval to construct affordable
housing units. Staff finds that there continues to be a need for the development of additional
affordable units in that the overall development ceiling for affordable housing that is established
in the growth management section of the land use code has not yet been reached. The Housing
Authority has reviewed the proposal and finds that the proposed affordable housing units meet
the Affordable Housing Guideline requirements. Staff has included a condition of approval in the
proposed resolution outlining the conditions that the Housing Board requested.
OFF-STREET PARKING REQUIREMENTS:
The Applicant has not proposed any off-street parking spaces for the proposed addition. The
proposed addition is to contain residential units that are not required to have off-street parking
spaces in the Commercial Core Zone District pursuant to Land Use Code Section 26.515.030,
Required number of off-street parking spaces.
4
SCHOOL LANDS DEDICATIONS FEE:
Given that the proposed development constitutes a full subdivision review, Land Use Code
Section 26.630, School Lands Dedications, requires that the Applicant either dedicate lands for
school function or pay a cash-in-lieu fee. The Applicant has proposed to pay a cash-in-lieu fee
pursuant to the fee schedule established in Land Use Code Section 26.630. Staff has included a
condition of approval in the proposed resolution requiring that the Applicant pay the School
Lands Dedications fee prior to issuance of a building permit for the proposed development.
PARK DEVELOPMENT IMPACT FEE:
The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added
to the site pursuant to Land Use Code Section 26.610, Park Development Impact Fee. The Park
Development Impact Fee for this project shall be assessed based on the following calculation:
1 New Unit multiplied by $3,634 (three-bedroom or larger fee) =$3,634.00
1 New Unit multiplied bv $2,725 (two-bedroom fee) = $2.725.00
Park Development Impact Fee= $6,359.00
Staff has included a condition of approval in the proposed resolution requiring that a Park
Development Impact Fee of$6,359.00 be paid at prior to building permit issuance.
REFERRAL AGENCY COMMENTS:
The Community Development Engineer, Fire Marshall, Water Department, Aspen Consolidated
Sanitation District, Housing Department, and the Parks Department have all reviewed the
proposed application and their comments have been included as conditions of approval when
appropriate. Referral comments are attached as Exhibit "D".
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve the attached resolution,
approving with conditions, the requested growth management reviews, and recommending that
City Council approve the requested subdivision and condominiumization requests.
RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"I move to approve Resolution No.~; Series of 2006, approving with conditions, a growth
management review for the development of free-market residential units within a mixed use
project and a growth management review for the development of affordable housing;
acknowledging the condominiumization of the development is to be approved by the Community
Development Director, and recommending that the City Council approve with conditions, the
Ajax Mountain Building Subdivision to develop a free-market residential unit and a two-
bedroom affordable housing unit on the roof of the existing Ajax Mountain Building at 520 E.
Durant A venue."
ATTACHMENTS:
EXHffirr A - Review Criteria and Staff Findings
EXHffiIT B - Application
EXHffilT C - HPC Resolutions
EXHffiIT D - Referral Comments
5
RESOLUTION NO. 2JJ
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING WITH CONDITIONS, GROWTH MANAGEMENT
REVIEW FOR FREE-MARKET RESIDENTIAL UNITS IN A MIXED USE
PROJECT AND THE DEVELOPMENT OF AFFORDABLE HOUSING, AND
RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS,
THE AJAX MOUNTAIN BUILDING SUBDIVISION AND
CONDOMINIUMIZATION TO CONSTRUCT ONE FREE-MARKET
RESIDENTIAL UNIT AND ONE DEED-RESTRICTED AFFORDABLE HOUSING
UNIT ON THE PROPERTY LOCATED AT 520 EAST DURANT AVENUE, LOTS
N-S, BLOCK 96, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel1D: 2737-182-22-006
WHEREAS, the Community Development Department received an application
from the Ajax Mountain Associates, represented by Jeffrey Halferty Design and Haas
Land Planning, requesting approval of subdivision, growth management review for the
development of free-market residential units in a mixed use project, growth management
review for the development of affordable housing, and condominiumization to construct
one free-market residential unit and one deed-restricted affordable housing unit on the
roof of the existing Ajax Mountain Building located at 520 E. Durant Avenue; and,
WHEREAS, the subject property is zoned Commercial Core (CC) and contains
18,000 square feet oflot area; and,
WHEREAS, the Historic Preservation Commission reviewed and granted
Conceptual HPC Design approval for the addition pursuant to HPC Resolution No. 47,
Series of 2005; and,
WHEREAS, the Historic Preservation Commission reviewed and granted Final
HPC Design approval and an exemption from Mountain View Plane Review for the
addition pursuant to HPC Resolution No.1, Series of 2006; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval, with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning and
Zoning Commission approved Resolution No. --' Series of 2006, by a to _L-
~ vote, approving with conditions, a growth management review for the development of
free-market residential units in a mixed use project, a growth management review for the
development of affordable housing, and recommending that City Council approve with
conditions, the proposed subdivision and condominiumization to construct one free-market
residential unit and one deed-restricted affordable housing unit on the roof of the Ajax
Mountain Building, 520 E. Durant Avenue, Lots N-S, Block 96, City and Townsite of
Aspen; and,
Page 1 of5
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the City of Aspen Planning and Zoning Commission hereby approves a
growth management review for the development of free-market residential units in a
mixed use project, a growth management review for the development of affordable
housing, and recommend that City Council approve the proposed subdivision and
condominiurnization to construct one free-market residential unit and one deed-restricted
affordable housing unit on the roof of the Ajax Mountain Building, 520 E. Durant
Avenue, Lots N-S, Block 96, City and Townsite of Aspen, subject to the conditions of
approval contained herein.
Section 2: Plat and Al!I"eement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval. The final
Condominium Plat may be approved and signed by the Community Development Director
upon substantial completion of construction.
Section 3: Buildinl! Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A drainage plan, prepared by a Colorado licensed Civil Engineer. A 5-year storm
frequency should be used in designing any drainage improvements.
d. A construction management plan meeting the Building Department's requirements.
The construction management plan shall include an identification of construction
hauling routes, construction phasing, and a construction traffic and parking plan for
review and approval by the City Engineer and Streets Department Superintendent.
Page20f5
e. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
f. Accessibility and ADA requirements shall meet the building code requirements.
Section 4: Dimensional Reauirements
The addition as presented complies with the dimensional requirements of the Commercial
Core (CC) Zone District. Compliance with the allowable dimensional requirements will
be verified by the City of Aspen Zoning Officer at the time of building permit submittal.
Section 5: Affordable Housinl!
The affordable housing unit shall be in compliance with the Aspen/Pitkin County
Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed
restriction on the affordable housing unit at the time of recordation of the condominium
plat and prior to the issuance of a Certificate of occupancy for the building, classifying
the unit as a Category 4 unit (or below) and containing 1,110 square feet (necessary to
comprise at least 30% of the floor area in the free-market residential unit to meet AH
mitigation requirements). Included in the governing documents shall be language
reflecting the potential for the unit to become an ownership unit.
If the Applicant chooses to deed restrict the affordable housing unit as a rental unit, the
Applicant shall convey a 1/10 of a percent, undivided interest in the unit to the
Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of
occupancy on any portion of the addition. The unit may be deed-restricted as a rental
unit, but the unit shall become an ownership unit at such time as the owner would request
a change to a "for-sale" unit or at such time as the Aspen/Pitkin County Housing
Authority deems the unit to be out of compliance with the rental occupancy requirements
in the Affordable Housing Guidelines for a period of more than year. If the affordable
housing unit is a "for-sale" unit, the unit's homeowners' association dues shall be a
percentage of the free-market residential unit's dues equal to the affordable housing
unit's market value compared to that of the free-market residential unit's market value in
the complex.
Section 6: Fire Mitil!ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 7: Water Department Reauirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. Each of the new units within the building shall have individual water
meters.
Section 8: Sanitation District Reauirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter, patio drains) to
Page 3 of 5
ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade
development may require installation of a pumping system. Shared service line agreements
will be required where more than one unit is seryed by a single service line.
Section 9: Exterior Lil!:htinl!:
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 10: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 11: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee in the amount of $6,359.00 prior to building
permit issuance. The fee is assessed based on the following calculation:
1 Unit multiplied by $3,634 (three bedroom or larger fee) = $3,634.00
1 Unit multiplied bv $2,725 (two-bedroom fee) = $2,725.00
Park Development Impact Fee= $6,359.00
Section 12:
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 13:
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 14:
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.
Page 4 of 5
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th
day of June, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
Page 5 of 5
Exhibit A
SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS
Section 26.480.050 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
A. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan.
Staff Finding
The project is in compliance with the allowable dimensional requirements and permitted uses in
the Commercial Core Zone District in which it is proposed. Staff does not believe that this
application conflicts with the goals and objectives of the AACP. Furthermore, the Historic
Preservation Commission has already granted final HPC design approval and a mountain view
plan exemption. Staff finds this criterion to be met.
b. The proposed subdivision shall be consistent with the character of existing land uses in
the area.
Staff Finding
Staff believes that the proposed residential uses on the roof of an existing building are a
permitted use in the Commercial Core Zone District. Additionally, the proposal for constructing
residential units on the top of commercial/office buildings in the Commercial Core of town is
consistent with the development pattern that is prevalent in the core. Staff finds this criterion to
be met.
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding
As the application indicates, the surrounding properties are close to fully developed. Therefore,
Staff does not believe that the proposal will adversely affect the future development of the
surrounding properties. Staff finds this criterion to be met.
d. The proposed subdivision shall be in compliance with all applicable requirements of
this Title.
Staff Finding
The proposed development is in compliance with the Commercial Core Zone District
dimensional requirements and meets all other land use regulations. Staff finds this criterion to be
met.
B. Suitability of land for subdivision.
a. Land suitability. The proposed subdivision shall not be located on land unsuitable for
development because offlooding, drainage, rock or soil creep, mudflow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other condition
that will be harmful to the health, safety, or welfare of the residents in the proposed
subdivision.
6
,
b. Spatial pattern efficient The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
Staff Finding
Staff believes that the property is suitable for subdivision. The site contains no steep topography
and no known geologic hazards that may harm the health of any of the inhabitants of the
proposed development. In addition, there is an existing commercial building on the site that is
already served by the necessary utilities, thus there shall not be a premature extension of public
facilities or utilities. Staff finds this criterion to be met.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the
proposed subdivision. These standards may be varied by special review (See, Chapter 26.430)
if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the subdivision
design standards would result in incompatibility with the Aspen Area Comprehensive Plan,
the existing, neighboring development areas, and/or the goals of the community.
2. The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by professional
engineers as necessary,
Staff Finding
Since the proposal is for development on the roof of an existing commercial building in the
commercial core of Aspen, many of the improvements like sidewalks required by Land Use
Code Section 26.580 are already in place. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall
be required to provide affordable housing in compliance with the requirements of Chapter
26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling
units shall be required to provide affordable housing in compliance with the requirements of
Chapter 26.470, Growth Management Quota System.
Staff Finding
The Applicant has proposed to provide a two-bedroom affordable housing unit consisting of
1,110 square feet, which satisfies the employee housing mitigation requirements as set forth in
the growth management section of the land use code. Staff finds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards set forth
at Chapter 26.630.
Staff Finding
The proposed subdivision is required to meet the School Land Dedication Standards pursuant to
Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing
land, which will be paid prior to building permit issuance. Staff finds this criterion to be met.
F. Growth Management ApprovaL Subdivision approval may only be granted to applications
for which all growth management development allotments have been granted or growth
7
,
management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision
approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit
Development (AH-PUD) without first obtaining growth management approvals if the newly
created parcel(s) is required to obtain such growth management approvals prior to
development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, ~
2)
Staff Finding
The Applicant has concurrently applied for the necessary growth management approvals to
construct the proposed addition. Please see Staffs responses to the review standards for the
growth management requests.
8
/-..""
Exhibit A
GROWTH MANAGEMENT REVIEw: FREE-MARKET UNITS WITHIN A MIXED USE
DEVELOPMENT CRITERIA & STAFF FINDINGS
Section 26.470.040(C)(6) of the City Land Use Code provides that development applications for
growth management review for the development of free-market residential units in a mixed use
building must comply with the following standards and requirements.
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030.D, Annual Development Allotments.
Staff Finding
The Applicant applied for growth management allocations under the prior growth management
year. When the Applicant submitted a growth management application, there were two (2) free-
market development allotments that were remaining for 2005. Therefore, Staff believes that
there are available free-market residential allotments available for the proposed free-market
residential unit. Staff finds this criterion to be met.
b) The proposed development is consistent with the Aspen Area Community Plan.
Staff Finding
As was discussed in Staffs responses to the subdivision review standards, the project is in
compliance with the allowable dimensional requirements and permitted uses in the Commercial
Core Zone District in which it is proposed. Staff does not believe that this application conflicts
with the goals and objectives of the AACP. Furthermore, the Historic Preservation Commission
has already granted final HPC design approval and a mountain view plan exemption. Staff finds
this criterion to be met.
c) Affordable housing equal to thirty (30) percent of the additional free-market Floor
Area is provided in a in a manner acceptable to the Aspen/Pitkin County Housing
Authority. Affordable housing shall be approved pursuant to Section
26.470.040. C. 7, Affordable Housing, and be restricted to Category 4 rate as defined
in the Aspen Pitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower Category designation.
Staff Finding
The Applicant has proposed a free-market residential unit of 3,314 square feet and a deed-
restricted Category 4 affordable housing unit of 1,110 square feet. The affordable housing unit
being proposed is approximately 33% of the square footage of the free-market residential unit
being proposed. Staff finds this criterion to be met.
d) The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the
project. Public infrastructure includes, but is not limited to, water supply, sewage
treatment, energy and communication utilities, drainage control, fire and police
protection, solid waste disposal, parking, and road and transit services.
9
Staff Finding
Staff believes that the proposal will not have a significant demand on public facilities or
infrastructure. Additionally, the off-street parking meets the Commercial Core Zone District's
dimensional requirements. Referral Agencies including the Water Department, Fire Marshal,
and Aspen Consolidated Sanitation District have reviewed the proposal and their comments have
been included as conditions of approval when deemed appropriate. Staff finds this criterion to be
met.
10
Exhibit A
GROWTH MANAGEMENT: AFFORDABLE HOUSING REVIEW CRITERIA & STAFF FINDINGS
Section 26.470.040(C)(7), Affordable Housing, of the City Land Use Code provides that
development applications must comply with the following standards and requirements.
a. Sufficient growth management allotments are available to accommodate the new
units, pursuant to Section 26.470. 030. C, Development Ceiling Levels.
Staff Finding
The Applicant's project, as proposed, does not require additional allotments. Replacement units
shall not be deducted from the respective Annual Development Allotments or Development
Ceiling Levels. Additionally, affordable housing units do not have an annual allotment cap and
the City's inventory of affordable housing still contains significantly less units than the
development ceiling of 2,428 affordable housing units. Therefore, Staff finds this criterion to be
met.
b. The proposed development is consistent with the Aspen Area Community Plan.
Staff Finding
The project provides affordable housing within the city limits which meets one of the AACP's
housing policies. The project is also in compliance with the Multi-family Replacement Program
which is outlined in Land Use Code Section 26.530, Resident Multi-Replacement Program. Staff
finds this criterion to be met.
c. The proposed units comply with the Guidelines of the AspenlPitkin County Housing
Authority. A recommendation from The Aspen/Pitkin County Housing Authority
shall be required for this standard. The Aspen/Pitkin County Housing Authority
may choose to hold a public hearing with the Board of Directors.
Staff Finding
As outlined in the attached memo from the Housing Operations Manager, the Housing Board
recommends approval of the application with conditions. Thus, Staff finds this criterion to be
met.
d. Affordable Housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
of Aspen city limits. Units outside the city limits may be accepted as mitigation by the
City Council, pursuant to 26.470.040 D.2. Provision of affordable housing through
a cash-in-lieu payment shall be at the discretion of the Planning and Zoning
commission upon a recommendation from the AspenlPitkin County Housing
Authority. Required affordable housing may be provided through a mix of these
methods.
Staff Finding
Two (2) on-site affordable housing units will be provided to satisfy the majority of the resident
multi-family replacement requirements. The Applicant also has proposed to pay cash-in-lieu for
the fraction of the unit that is left over after providing the two (2) on-site units as is allowed
11
pursuant to Land Use Code Section 26.530.040(D), Cash-in-Lieu Payment. Staff finds this
requirement to be met.
e. The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. In the alternative, rental units may be provided if a legal instrument, in
a form acceptable to the City Attorney, ensures permanent affordability of the units.
Staff Finding
The Applicant has requested that the deed restricted units be rental units rather than "for sale"
units. Although Housing staff would prefer "for sale" units, the Housing Authority has
recommended that the units be allowed to be rental units as long as condition is provided that
requires that the units be converted to "for sale" units if the unit fall out of compliance with the
occupancy requirements of the Affordable Housing Guidelines for more than a year. Staff has
also proposed a condition of approval requiring that the Applicant deed 1/lOth of 1 percent of an
ownership interest in the affordable housing units to ensure that the units will remain affordable.
Staff finds this criterion to be met.
12
A. Subdivision Approval
The purpose of Section 26.480, Subdivision, of the Code includes ensuring
"the proper distribution of development" and encouraging "the well-planned
subdivision of land by establishing standards for the design of a subdivision." This
purpose is forwarded by and achieved with the proposaI made herein.
Section 26.480.020, Applicability and Prohibitions, describes instances
where subdivision is prohibited, including the requirement for a development
allotment or a GMQS exemption. To comply with this section, the applicant will
use the GMQS exemptions described in detail below. The review standards
applicable to subdivision applications are contained in Section 26.480.050 of the
Code. The standards are provided below (in italics), with each followed by a
response demonstrating consistency and! or compliance therewith, as applicable.
A. General Requirements
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
The proposed project is consistent with the AACP. It proposes residential
development within the commercial core infill area. The site is within a half-mile
radius of a transit node as identified on the AACP's future land use map, which
has the effect of promoting the use of public transportation among the
inhabitants. In addition, the affordable housing goals set forth in the AACP are
addressed by the provision of a high-quality affordable housing unit.
b. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
The proposed project is located in the commercial core in close proximity
to several mixed use structures that include residential uses. The Ajax Mountain
Lofts have direct access to Durant Street, Hunter Street and Alley 96. The
gondola plaza is basically across the street and the Ruby Park bus station is a
block away. The proposed subdivision will result in a density and development
pattern that is wholly consistent with the character of existing land uses in the
area.
The character of the proposed project is compatible with the mixed use
development of the existing neighborhood. Given that the dimensional
requirements of the CC zone will be complied with, the result will be site
planning that is consistent with that which is typical of the neighborhood.
Finally, the development has been approved by the HPC, thereby ensuring a
level of design consistency with the surrounding neighborhood.
c. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
The proposed subdivision will not adversely affect future development of
surrounding areas. Any structures built will comply with the requirements of
the CC zone district and will not encroach onto any surrounding properties.
Park development, school land, and other impact fees will be paid, as required,
to offset any impacts of deveIopment. The surrounding road and utility systems
are more than adequate to support the proposed subdivision.
d. The proposed subdivision shall be in compliance with all applicable
requirements of this Tit/e.
As provided throughout this application, the proposed project is and will
be in compliance with all applicable requirements of the Code. It has already
been found by the HPC to be consistent with all Commercial Core Historic
Overlay District regulations and requirements.
B. Suitability of land for subdivision
a. Land suitability. The proposed subdivision shall not be located on
land unsuitable for development because of flooding, drainage, rock or
soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the residents in the proposed
subdivision.
The proposed project is not located on land considered unsuitable for
development. The site is essentially flat, it is developed, and it is surrounded by
developed properties. The property contains existing development that is not
and has not been subject to geologic or other hazards. The proposed project will
not be harmful to the health, safety, or welfare of the future residents.
b. Spatial pattern efficient. The proposed subdivision shall not be
designed to create spatial patterns that cause inefficiencies, duplication
or premature extension of public facilities and unnecessary public
costs.
The proposed project will not require neither an extension of public
facilities nor incurrence of unnecessary public costs. No inefficiencies,
duplication or premature extension of public facilities will occur as the property
and surrounding area are already developed and served by public facilities and
services. The cost of any necessary utility extensions or upgrades will be borne
by the applicant.
C. Improvements. The improvements set forth at Chapter 26.580 shall be
provided for the proposed subdivision. These standards may be varied by
special review (See Chapter 26.430) if the following [omitted] conditions
are met:
The proposed subdivision will comply with the improvements set forth in
Chapter 26.580. The improvements will also comply with the design standards
contained in said Chapter. In the event that any variances from the engineering
design standards become necessary due to unforeseen circumstances, special
review approval will then be sought.
Permanent survey monuments, range points and lot pins have been
placed to the extent required. The surrounding streets are already paved and
adequate to support the proposed subdivision; there will be no roadways
internal to the subdivision. The alley is in adequate condition and needs not be
upgraded or otherwise improved.
The Applicant will enter into a Subdivision Improvements Agreement
(SIA) with the City binding the subdivision to any conditions placed on the
development order. This will be done concurrently with the preparation and
recordation of the Final Subdivision Plat. All required elements of the SIA will
be provided for review by the Community Development Director, the City
Engineer, and the City Attorney.
D. Affordable housing.
Chapter 26.520, Resident Multi-Family Replacement Program, is not
applicable since no multi-family dwellings will be demolished. As explained in
the subsequent section of this application, the applicant will provide affordable
housing in compliance with the requirements of Chapter 26.470, Growth
Management Quota System.
E. School land dedication.
This section of the subdivision regulations requires the dedication of land
or the payment of an in-lieu fee for each new residential unit in a subdivision.
As the property in question contains only 6,118 square feet of land, the
dedication of land would not be appropriate and the payment of cash-in-lieu
represents a more fitting option. These payments are required to be made to the
City prior to and on a proportional basis to the issuance of any building permits
for residential dwelling units.
The Applicant agrees to make the required payments prior to and on a
proportional basis with the issuance of building permits for the project.
Payments will be based on the applicable formula in effect at the time of building
permit issuance for each residence.
B. Growth Management Allotment
Section 26.470.040(C)(6), Free-Market Residential Units within a Mixed-Use
Project,
The development of new or expansion of existing free-market residential
units within a mixed-use project shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030.0, Annual Development
Allotments.
The Applicant is seeking only one (1) free market residential allotment.
Thirty-seven such allotments are available per year, starting on March 1.
b) The proposed development is consistent with the Aspen Area Community
Plan.
This standard has already been addressed above in relation to the
Subdivision.
c) Affordable housing equal to thirty (30) percent of the additional free-
market Floor Area is provided in a in a manner acceptable to the
AspenjPitkin County Housing Authority. Affordable housing shall be
approved pursuant to Section 26.470.040.C.7, Affordable Housing, and be
restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to
provide mitigation units at a lower Category designation.
The free market unit is 3,157square feet, plus 157 square feet for the entry
between the AH unit and the free market unit. Total free market square footage
is 3,314 for the free market unit. Therefore, the 1,110 square foot affordable
housing unit exceeds the requirement by some 116 square feet (1,110/ 3,314 =
"
0.3349). The project includes a deed restricted, Category 4, "for sale" unit with
1,110 square feet of floor area.
d) The project represents minimal additional demand on public infrastructure
or such additional demand is mitigated through impravement proposed as
part of the project. Public infrastructure includes, but is not limited to,
water supply, sewage treatment, energy and communication utilities,
drainage control, fire and police protection, solid waste disposal, parking,
and road and transit services.
The proposed dwelling units are located on top of the existing Ajax
Mountain Building and will have minimal impact upon the existing public
infrastructure, which includes, but is not limited to, water supply, sewage
treatment and communication utilities, drainage control, fire and police
protection, solid waste disposal, parking, roads and transit services.
Section 26.470.040(C)(7), Affordable Housing
The development of affordable housing deed restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission
based on the following criteria:
a) Sufficient growth management allotments are available to accommodate
the new units, pursuant to Section 26,470.030.C, Development Ceiling
Levels.
The proposal involves development of one (1) affordable housing unit.
Section 26.470.030(D) of the Code provides that there is no annual limit for
residential-affordable housing allotments. Therefore, sufficient allotments are
available.
b) The proposed development is consistent with the Aspen Area Community
Plan.
This standard has already been addressed above in relation to the
Subdivision.
c) The proposed units comply with the Guidelines of the AspenjPitkin
County Housing Authority. A recommendation from the AspenjPitkin
County Housing Authority shall be required for this standard. The
AspenjPitkin County Housing Authority may choose to hold a public
hearing with the Board of Directors.
The proposed 1,110 square foot, Category 4, "for sale" unit complies with
or exceeds all requirements of the APCHA Housing Guidelines.
d) Affordable Housing required for mitigation purposes shall be in the form
of actual newly built units or buy-down units. Off-site units shall be
provided within the City of Aspen city limits. Units outside the city limits
may be accepted as mitigation by the City Council, pursuant to
26.470.040.0.2. Provision of affordable housing through a cash-in-lieu
payment shall be at the discretion of the Planning and Zoning
Commission upon a recommendation from the AspenjPitkin County
Housing Authority. Required affordable housing may be provided through
a mix of these methods.
The proposed mitigation comes in the form of an actual, on-site, newly
built 1,110 square foot, Category 4, "for sale" affordable housing unit deed
restricted in accordance with the requirements of the APCHA Housing
Guidelines.
e) The proposed units shall be deed restricted as "lor sale" units and
transferred to qualified purchasers according to the AspenjPitkin County
Housing Authority Guidelines. In the alternative, rental units may be
provided if a legal instrument, in a form acceptable to the City Attorney,
ensures permanent affordability of the units.
The proposed unit will be sold in accordance with APCHA requirements.
qA,h/')'\C/
_ RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
\.. APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL)
FOR THE PROPERTY LOCATED AT 520 E. DURANT STREET, LOTS N-S, BLOCK
96, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 47, SERIES OF 2005
PARCEL ID: 2737-182-22-006
WHEREAS, the applicant, Aspen Mountain Associates, Stephen Marcus, represented by Jeffrey
Halferty Design, has requested Major Development (Conceptual) for the property located at 520
E. Durant Street. Lots N-S, Block 96, City and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected. cOl!structed, enlarged, altered. repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Conceptual Major Development Review. the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preseryation D<:sign Guidelines per Section
,- 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC
~ may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, Amy Guthrie, in her staff report dated December 14, 2005, performed an analysis
of the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met, and recommended approval; and
WHEREAS, at their regular meeting on December 14, 2005, the Historic Preseryation
Commission considered the application, found the application was consistent with the review
standards and "City of Aspen Historic Preseryation Design Guidelines" and approved the
application by a vote of 4 to O.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Major,Development (Conceptual) for the property located at 520 E.
Durant Street. Lots N-S. Block 96, City and Townsite of Aspen, Colorado with the following
conditions:
I. Restudy the height ofthe addition as it relates to the height otthe existing building.
2. Pay special attention to the placement of rooftop mechanical equipment to conceal its
visibility, especially from surrounding public spaces.
,
_.....~~
_.
APPROVED BY THE COMMISSION at its regular meeting on the 14th day of December,
2005.
Approved as to Form:
Approved as to content:
HISTORIC PRESERV AT N COMMISSION
,,~.....
.-
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (FINAL) AND VIEW
PLANE EXEMPTION FOR THE PROPERTY LOCATED AT 520 E. DURANT STREET,
LOTS N-S, BLOCK 96, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO.1, SERIES OF 2006
PARCEL ID: 2737-182-22-006
WHEREAS, the applicant, Aspen Mountain Associates, Stephen Marcus, represented by Jeffrey
Halferty Design, has requested Major Development (Final) and View Plane Exemption for the
property located at 520 E. Durant Street, Lots N-S, Block 96, City and Townsite of Aspen,
Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Final Major Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.DJ.b.2
and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain additional information
necessary to make a decision to approve or deny; and
WHEREAS, for View Plane Exemption the HPC must review the application, a staff analysis
report and the evidence presented at a hearing to determine the project's conformance with
Municipal Code Section 26.435.050, Mountain View Plane Review. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain additional information
necessary to make a decision to approve or deny; and
WHEREAS, Amy Guthrie, in her staff report dated January 25, 2006, performed an analysis of
the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met, and recommended approval; and
WHEREAS, at their regular meeting on January 25, 2006, the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and "City of Aspen Historic Preservation Design Guidelines" and approved the
application by a vote of 4 to O.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Major Development (Final) and View Plane Exemption for the
property located at 520 E. Durant Street, Lots N-S, Block 96, City and Townsite of Aspen,
Colorado with the following conditions:
1. The applicant must clarify if the exterior building materials for the new addition will
match the appearance of the existing portions of the building.
2. HPC staff and monitor must approve any the type and location of all exterior lighting
fixtures and mechanical equipment by reviewing a plan prior to wiring, purchasing, or
installing the fixtures. Pay special attention to the placement of rooftop mechanical
equipment to conceal its visibility, especially from surrounding public spaces.
3. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
4. The conditions of approval will be required to be printed on the cover sheet of the
building permit plan set and all other prints made for the purpose of construction.
5. The applicant shall be required to provide the contractor with copies of the HPC
resolution applicable to this project. The contractor must submit a letter addressed to
HPC staff as part of the building permit application indicating that all conditions of
approval are known and understood and must meet with the Historic Preservation Officer
prior to applying for the building permit.
6. The mechanical equipment on the roof should be painted a dark color to be approved by
staff and monitor.
7. The final roof plan is to be submitted for review by staff and monitor.
APPROVED BY THE COMMISSION at its regular meeting on the 25th day of January,
2006.
Approved as to Form:
David Hoefer, Assistant City Attorney
Approved as to content:
HISTORIC PRESERVATION COMMISSION
Michael Hoffman, Vice-Chair
ATTEST:
Kathy Strickland, Chief Deputy Clerk
t;7hlbrf I/JII
MEMORANDUM
To: Development Review Committee
From: Alex Evonitz, Com. Dev. Engineer
Date: April 5, 2006
Re: Ajax Mountain Building Addition
Attendees; James Lindt, Senior City Planner; Ben Gagnon, City Planning; Cindy
Christensen, Housing Office; Ben Ludlow, Engineering
Building Department - No Attendance;
Fire Protection District - No Attendance;
Engineering Department - Ben Ludlow;
. Will to be grated a Final Encroachment license
. ROW permits will be necessary before a building permit issuance
. Be aware of encroachment license date restriction
. Denis Murray will need to comment on accessibility issues in AH Units
Housing Office - Cindy Christensen;
. Condominium declaration and dues need to be established.
. Dues need to be based on proportional value of units
. No parking concerns
. Typical AH conditions on rental unit are preferred
. April 19 is the date for the Housing Board to hear detail of "For Sale Units"
Zoning Officer - No Attendance;
Environmental Health - Jannette Murison, e-mail comments;
. AIR QUALITY: "It is the purpose of [the air quality section of the Municipal
Code 13.08] to achieve the maximum practical degree of air purity
possible by requiring the use of all available practical methods and
techniques to control, prevent and reduce air pollution throughout the
city..."The Land Use Regulations (Chapter 26 of the Municipal Code) seek
to "lessen congestion" and "avoid transportation demands that cannot be
met" as well as to "provide clean air by protecting the natural air sheds
and reducing pollutants".
. The land use code states that the Growth manaaement criteria, residential:
applications need to be consistent with Aspen Area Community Plan
provision, Reducing dependency on the automobile is vital for the long-
term livability and health of the Aspen area. The AACP envisions a time in
the not-too-distant future when the automobile is not the dominant
Page 2 of 4
April 5, 2006
Ajax Mountain Building Addition
means of moving people in and around the community. The Aspen Area
Community Plan seeks a balanced, integrated transportation system for
residents, visitors and commuters that reduce traffic congestion and air
pollution.
. Using standard Institute of Traffic Engineers Trip Generation Rates, this
development will generate 8 additional trips per day, and 1 pound of PM-l 0
per day. This development does have measures reducing the dependency
on the automobile and is not consistent with the AACP.
. In order to comply with the provisions of the land use code, and ensure that
the development does not have a pernicious effect on air quality in the
surrounding area and the City of Aspen, the Environmental Health
Department recommends the following measures be implemented:
. Provide covered and secure bike storage for all residents, and that
. The Homeowner's Association joins and actively participates in The City of
Aspen's Transportation Options Program.
. The City of Aspen Environmental Health Department has reviewed the land
use submittal under authority of the Municipal Code of the City of Aspen,
and has the following comments and reminders:
. FIREPLACEjWOODSTOVE PERMITS: The applicant must file a
fireplace/woodstove permit with the Building Department before the
building permit will be issued. In the City of Aspen, buildings may have two
gas log fireplaces or two certified woodstoves (or 1 of each) and
unlimited numbers of decorative gas fireplace appliances per building.
New homes may NOT have wood burning fireplaces, nor may any
heating device use coal as fuel.
. FUGITIVE DUST: Any development must implement adequate dust control
measures.
. A fugitive dust control plan is required as part of the applicants erosion
control plan. A fugitive dust control plan may include, but is not limited to
fencing, watering of haul roads and disturbed areas, daily cleaning of
adjacent paved roads to remove mud that has been carried out. speed
limits, or other measures necessary to prevent windblown dust from crossing
the property line or causing a nuisance. A fugitive dust control plan must be
submitted to the Colorado Department of Public Health and Environment, Air
Quality Control Division if this project will last greater
. ASBESTOS: Prior to remodel, expansion or demolition of any public or
commercial building, including removal of drywall, carpet. tile, etc" the
state must be notified and a person licensed by the state to do asbestos
inspections must do an inspection. The Building Department cannot sign
any building permits until they get this report. If there is no asbestos, the
demolition can proceed. If asbestos is present, a licensed asbestos
removal contractor must remove it.
. TRASH STORAGE AREA: The applicant should make sure that the trash
storage area has adequate wildlife protection. We recommend recyclinq
containers be present wherever trash compactors or dumpsters are
located due to the City of Aspen's new Waste Reduction Ordinance,
Chapter 12.06.
Page 3 of 4
April 5, 2006
Ajax Mountain Building Addition
. The applicant is advised that with the new Waste Reduction Ordinance
recycling services will be Included with any trash hauling service
contracted during construction, It is important that the applicant plan for
adequate space for recycling during the construction of the project,
Recycling services will Include the following recyclable material:
Cardboard, Co-mingled (plastic bottles, aluminum, steel cans and glass
bottles), Newspaper and Office Paper.
. NOISE ABATEMENT: Section 18-04-01 '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. "
. During construction, noise cannot exceed maximum permissible sound level
standards, and construction cannot be done except between the hours of
7 am and 7 pm, Monday thru Saturday. Construction Is not allowed on
Sundays.
. It is very likely that noise generated during the construction phase of this
project will have some negative impact on the neighborhood. The
applicant should be aware of this and take measures to minimize the
predicted high noise levels.
Parking - No Attendance;
Parks - No Attendance;
Water/Electric - No attendance;
Community Development Engineer - No Attendance;
Aspen Consolidated Waste District - Tom Bracewell;
. ACSD will not commit to serve the additional development on this parcel
until the roof, perimeter, and garden level drains have been directed to a
drywell system or storm drain system and disconnected from the district's
sanitary sewer system thereby eliminating all clear water connections.
. Service is contingent upon compliance with the District's rules, regulations,
and specifications, which are on file at the District office at the time of
construction.
. All clear water connections are prohibited, i.e. ground water, [roof,
foundation, perimeter, patio drains), including entrances to underground
parking garages.
. On-site drainage plans require approval by the district, must
accommodate ACSD service requirements and comply with rules,
regulations and specifications.
. On-site sanitary sewer utility plans require approval by ACSD.
Page 4 of 4
April 5, 2006
Ajax Mountain Building Addition
. Oil and Grease interceptors are required for food processing
establishments. The interceptor should be located outside the building in
an area accessible to a septic pumping truck.
. Plans for interceptors, separators and containment facilities require
submittal by the applicant and approval prior to building permit.
. Glycol snowmelt and heating systems must have containment provisions
and must preclude discharge to the public sanitary sewer system.
. The existing building is served by two 4" cast iron service lines. Since the
existing system has had problems in the past, we would recommend
televising the existing lines and determining the condition of these lines if
the applicant wishes to use them for the expansion.
. When new service lines are required for existing development the old
service line must be excavated and abandoned at the main sanitary
sewer line according to specific ACSD requirements.
. Below grade development may require installation of a pumping system.
. Generally one tap is allowed for each building. Shared service line
agreements may be required where more than one unit is served by a
single service line.
. Permanent improvements are prohibited in areas covered by sewer
easements or right of ways to the lot line of each development.
. Since the addition will add plumbing fixtures and square footage to the
facility, incremental fees will be assed for this remodel. All ACSD total
connection fees must be paid prior to the issuance of a building permit.
. Where additional development would produce flows that would exceed
the planned reserve capacity of the existing system (collection system
and or treatment system) an additional proportionate fee will be assessed
to eliminate the downstream collection system or treatment capacity
constraint.
MEMORANDUM
TO:
James Lindt, Community Development
FROM:
Cindy Christensen, Housing
DATE:
April 20, 2006
RE:
AJAX MOUNTAIN BUILDING (520 E. DURANT A VENUE) ADDITION
Parcel ID No. 2737-182-22-006
ISSUE: The applicant is proposing to add a free-market residential dwelling unit and an employee-
housing unit to the third floor of the Ajax Mountain Building located at 520 East Durant Avenue.
BACKGROUND: The subject property is located within the Commercial Core Historic District.
Under Section 26.470.040.C.6, Free-Market Residential Units Within a Mixed-Use Project,
employee housing equal to 30% of the additional free-market floor area is required in a manner
acceptable to APCHA and pursuant to Section 27.460.040.C.7, Affordable Housing.
The free-market unit is proposed at 3,157 square feet plus 157 square feet for the entry between the
employee dwelling unit and the free-market unit. The total square footage is 3,314 for the free-
market unit. Therefore, 30% X 3,314 square feet = 994 square feet. The employee-housing unit is
proposed at 1,110 square feet (larger than required and larger than required in the Guidelines for a
two-bedroom, Category 4 unit).
No on-site parking is being proposed for the employee-housing unit; however, in the Commercial
Core, there is not a parking mitigation requirement. However, the owner can request a street-
parking pass for this unit through the City of Aspen. An ownership unit is preferred; however, a
rental unit would be acceptable with specific conditions.
RECOMMENDATION: The Housing Board reviewed the application at their Regular Meeting
on April 20, 2006 and is recommending approval under the following conditions:
I. The employee-housing unit shall be classified as a Category 4 unit or below.
J
2. An ownership unit is preferred and would be sold through the Housing Office at the time of
Certificate of Occupancy. The unit can be deed-restricted as a rental unit but will allow for
the unit to become an ownership unit at such time the owners would request this change /
and/or at such time the APCHA deems the unit out of compliance over a period of more
than one year. At such time, the unit will be listed for sale with the Housing Office as
specified in the deed restriction at no higher than the Category 4 maximum sales price
established at the time of Final Plat approval.
3. Rental of the unit shall be open to all qualified employees of Aspen and Pitkin County and
shall not be tied to employment for the free-market component.
1
ACSD Review Comments
Ajax Mountain Building
ACSD will not commit to serve the additional development on this parcel until the roof,
perimeter, and garden level drains have been directed to a drywell system or storm drain
system and disconnected from the district's sanitary sewer system thereby eliminating all clear
water connections.
Service is contingent upon compliance with the District's rules, regulations, and specifications, which
are on file at the District office at the time of construction.
All clear water connections are prohibited, i.e. ground water, (roof, foundation, perimeter, patio
drains), including entrances to underground parking garages.
On-site drainage plans require approval by the district, must accommodate ACSD service
requirements and comply with rules, regulations and specifications.
On-site sanitary sewer utility plans require approval by ACSD.
Oil and Grease interceptors are required for food processing establishments. The interceptor should
be located outside the building in an area accessible to a septic pumping truck.
Plans for interceptors, separators and containment facilities require submittal by the applicant and
approval prior to building permit.
Glycol snowmelt and heating systems must have containment provisions and must preclude discharge
to the public sanitary sewer system.
The existing building is served by two 4" cast iron service lines. Since the existing system has had
problems in the past, we would recommend televising the existing lines and determining the condition
of these lines if the applicant wishes to use them for the expansion.
When new service lines are required for existing development the old service line must be excavated
and abandoned at the main sanitary sewer line according to specific ACSD requirements.
Below grade development may require installation of a pumping system.
Generally one tap is allowed for each building. Shared service line agreements may be required where
more than one unit is served by a single service line.
Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the
lot line of each development.
Since the addition will add plumbing fixtures and square footage to the facility, incremental fees will
be assed for this remodel. All ACSD total connection fees must be paid prior to the issuance of a
building permit.
Where additional development would produce flows that would exceed the planned reserve capacity
of the existing system (collection system and or treatment system) an additional proportionate fee will
be assessed to eliminate the downstream collection system or treatment capacity constraint.
.
MEMORANDUM
To:
James Lindt, Community Development Department
From:
Jannette Murison, City Environmental Health Department
Date:
April 5, 2006
Re:
Ajax Mountain Building Addition
Parcel ID #2737-182-22-006
The City of Aspen Environmental Health Department has reviewed the land use subrnittal under authority of
the Municipal Code of the City of Aspen, and has the following comments.
AIR QUALITY: "It is the purpose of [the air quality section of the Mup.icipal Code 13.08] to achieve the
maximum practical degree of air purity possible by requiring the use of all available practical methods and
techniques to control, prevent and reduce air pollution throughout the city...'The Land Use Regulations
(Chapter 26 of the Municipal Code) seek to "lessen congestion" and "avoid transportation demands that
cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing
pollutants". Subdivision applications need to provide information on projected traffic generation and air
pollution.
The major air quality impact is the emissions resulting from the traffic generated by this project. PM-IO
(83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The
traffic generated will also produce carbon monoxide and other emissions that are health concerns. The
municipal code requires developments to achieve the maximum practical degree of air purity by using all
available practical methods to reduce pollution.
Standards used for trips generated by new development are the trip generation rates and reductions from the
'Pitkin County Road Standards', which are based on the Institute of Transportation Engineers Trio
Generation Report. Fifth Edition. Using the ITE figures, this proposed development would generate 13
trips/day and 2 pounds ofPMlO/day without any mitigation measures. Thus this development will
have a pernicious (negative) effect on the air quality.
In order to comply with the provisions of the land use code, and ensure that the development does not have a
pernicious effect on air quality in the surrounding area and the City of Aspen, the Environmental Health
Department recommends the following mitigation measures:
I. City Residential parking passes are restricted to two per unit.
The City of Aspen Environmental Health Department has reviewed the land use submittal under
authority ofthe Municipal Code ofthe City of Aspen, and has the following comments and
reminders:
'.,
CONSTRUCTION MANAGEMENT PLAN: The construction management plan submitted stated that
work would start at 6:00 AM. Per the City of Aspen municipal code section 18-04-01, construction is
not allowed until 7:00 AM, this includes staging. This plan must also be revised to include a noise
suppression plan for any activity generating noise levels above 80 decibels, which may require work to
start after 9:00 AM for loud work. Also, exhaust from the Tower Crane should be maintained and
monitored such that it does not create a nuisance with neighboring properties. If possible an electric crane
is preferred.
ASBESTOS: Prior to remodel, expansion or demolition of any public or commercial building, including
removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do
asbestos inspections must do an inspection. The Building Department cannot sign any building permits
until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a
licensed asbestos removal contractor must remove it.
ENGINE IDLING: The applicant is reminded for the construction phase of the project that per
municipal code section 13.08.110 it is unlawful for any person to idle or permit the idling of the motor of
any stationary motor vehicle for a prolonged or unreasonable period of time determined herein to be five
(5) minutes or more within anyone (I) hour period of time.
FIREPLACEIWOODSTOVE PERMITS: The applicant must file a fireplace/woodstove permit with
the Building Department before the building permit will be issued. In the City of Aspen, buildings may
have two gas log fireplaces or two certified woodstoves (or I of each) and unlimited numbers of
decorative gas fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor
may any heating device use coal as fuel.
FUGITIVE DUST: Any development must implement adequate dust control measures.
A fugitive dust control plan is required as part of the applicants erosion control plan. A fugitive dust control
plan may include, but is not lirnited to fencing, watering of haul roads and disturbed areas, daily cleaning of
adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to
prevent windblown dust from crossing the property line or causing a nuisance. A fugitive dust control plan
must be submitted to the Colorado Department of Public Health and Environment, Air Quality
Control Division if this project will last greater than 6 months.
NOISE ABATEMENT: Section 18-04-01 "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. "
During construction, noise cannot exceed maximum permissible sound level standards, and construction
cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not
allowed on Sundays.
TRASH STORAGE AREA: The applicant should make sure that the trash storage area has adequate
wildlife protection. We recommend recvcling containers be oresent wherever trash comoactors or
dumosters are located due to the City of Asoen's new Waste Reduction Ordinance. Chaoter 12.06.
,
The applicant is advised that with the new Waste Reduction Ordinance recycling services will be
included with any trash hauling service contracted during construction. It is important that the
applicant plan for adequate space for recycling during the construction of the project. Recycling services
will include the following recyclable material: Cardboard, Co-rningled (plastic bottles, aluminum, steel
cans and glass bottles), Newspaper and Office Paper.
It is very likely that noise generated during the construction phase of this project will have some negative
impact on the neighborhood. The applicant should be aware of this and take measures to minimize the
predicted high noise levels.
--
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 56<'0 r::: .))JycvJ- ~(.,
SCHEDULED PUBLIC HEARING DATE:U ')I'\JL C0
, Aspen, CO
,2ook
STATE OF COLORADO )
) ...
County of Pitkiu )
I, ~(,j;\ l'\. AV ~Cv-\ (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:
A- Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide 1
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) da~
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to 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 agencies so noticed is attached heFt!t~
(continued on next page)
PUBUC NOTICE
RE: AJAX MOUNTAIN BUILDING SUBDlVISION,
GROWTH MANAGEMENT REVIEW FOR FREE-
MARKET RESIDENTIAL U~TS IN A MIXED USE
BUILDING, GROWTH MAN GEMENT REVIEW FOR
AFFORDABLE HOUSING, C NDOMINIUMlZATlON
NOTICE IS HERES GIVEN that a public
hearingwlll beheld on T sday, June 6, 2006,at
a meeting to begin at 4:3 .m. belore the Aspen
Planning and Zoning Commission, Sister Cltks
Room, City Hall, 130S. Galena St., Aspen, to con-
sider an application submitted by Ajax Mountain
Assodates,U.c. requesting approval olSubdivi-
sion, Growth Management Review for Free-Mar-
ket Residential Units in a Mixed Use Develop-
ment a Growth Management Review for the De-
velopmentofAflordableHousing:.andCond~min.
iumizationto construct one free-market reSlden-
tial unit and one affordable housing unit on the
roof of the existing Ajax Mountain Building. The
property subject to this application is located at
520 E. Durant Avenue and is commonly known as
the Ajax Mountain Building. The propert? is le-
gally described as Lots N-S, Block 96. City and
Townsite of Aspen. The contact information for
the Applicant is as follows: Ajax M?untain MS<J-
dates, PO Box 1709, Aspen, CO 81612.
for further information. contact James
Lindt at the Clly uf Aspen Community Develop-
ment Department. 130 S. Galena 51.. Aspen, CO
970.429.2763, (ur by email lamesl@o.aspen
co.us).
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.
<2:~st?ll
--...
The foregoing "Affidavit of Notice" was aC~Wledged before me this 22.- ""day
of Yr1&j , 200.k;z., by eMtW f'~G\V'\
WITNESS MY HAND AND OFFICIAL SEAL
My commission exr..ires: ql"'J" '6!'1-l>04
~~ V~rJ-~ .
P bl' . 0'81',., .~
Notary u Ie ,I!j,. . .......0.>;'Ot-,
flQ:-'?> :)1' A"'i "'.0
..".',. r 0","
""" , ':oj;>
ATTACHMENTS:
COPY OF THE PUBLICA TlON
.~O(iL-i
~,'GS 09/2512ooJ
OTOGRAPH OF THE POSTED NOTICE (SIGN)
TNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
oll."mineTygre,Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times Weekly on May 21.
2006.(3723)
. \.
,
,
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: SZDE~'T1J~~
SCHEDULED PUBLIC HEARING DATE: .JUNt:::: .b
. Aspen, CO
, 200 k..
STATE OF COLORADO )
) ss.
County of Pitkin )
I, -J~-Y +tAL..,.~ (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:
~ation of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
~or 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
0511'11 ,200,",,"-, to and including the date and time of the public
~.: A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to 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 agencies so noticed is attached hereto.
(continued on next page)
,
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 amendment"
..
The foregoing "Affidavit of Notice" was acknowl dge before me this J!Llfaay
of /J1~ ' 200ftz, by CS"'~
--~-"----'
t..AUREN R. vim f\" JI
NOTARY PUBLIC:
STATE OF COLORADO.
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: ~"7
- -:---~~ ';)~-,
Notary Public
ATTACHMENTS:
COPY OF mE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
PUBLIC NOTICE
RE: AJAX MOUNTAIN BUILDING SUBDIVISION, GROWTH MANAGEMENT
REVIEW FOR FREE-MARKET RESIDENTIAL UNITS IN A MIXED USE
BUILDING, GROWTH MANAGEMENT REVIEW FOR AFFORDABLE
HOUSING, CONDOMINIUMIZA TION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 6, 2006, at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application subrnitted by Ajax
Mountain Associates, LLC. requesting approval of Subdivision, Growth Management Review for
Free-Market Residential Units in a Mixed Use Development, a Growth Management Review for
the Development of Affordable Housing, and Condominiurnization to construct one free-market
residential unit and one affordable housing unit on the roof of the existing Ajax Mountain
Building. The property subject to this application is located at 520 E. Durant Avenue and is
commonly known as the Ajax Mountain Building. The property is legally described as Lots N-S,
Block 96, City and Townsite of Aspen. The contact information for the Applicant is as follows:
Ajax Mountain Associates, PO Box 1709, Aspen, CO 81612.
For further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO 970.429.2763, (or by emailjamesl@ci.aspen.co.us).
s/Jasime TvlU'e. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on May 21, 2006
City of Aspen Account
Jam and Smudge Free Printing
UseAvery@TEMPLATE5160@
. 312 HUNTER LLC 50%
C/O CAROLYN A BARABE
790 CASTLE CREEK DR
ASPEN, CO 81611
AGRUSA LISA ANN
425 W 23RD ST #15-E
NEW YORK, NY 10011
ANDERSON ROBERT M & LOUISE E
1021 23RD ST
CHETEK, WI 54728
ASPEN GALENA LLC
C/O BROWN MICHAEL H
400 W ONTARIO #1103
CHICAGO,IL 60610
ASPEN RETREAT LLC
6536 E GAINSBOROUGH
SCOTTSDALE, AZ 85251
BACSANYI ERNEST A TRUST 50%
PO BOX 89
HIGGINS LAKE, MI 48627-0089
BARBATA ELENA ANDERSON 1/3
C/O CHARLES SKIPSEY
PO BOX 2045
RANCHO SANTE FE, CA 92067
BASTIL DEAN D
4460 CHEROKEE DR
BROOKFIELD, WI 53045
BERSCH TRUST
9642 YOAKUM DR
BEVERLY HILLS, CA 90210
BISCHOFF JOHN C
502 S VIA GOLONDRINA
TUCSON, AZ 85716-5843
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www.avery.com
1-800-GO-AVERY
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4 SKIERS LP
1108 NORFLEET DR
NASHVILLE, TN 37220
AJAX MOUNTAIN ASSOCIATES LLC
520 E DURANT ST #207
ASPEN, CO 81611
AREP ASPEN SQUARE 406 LLC
PO BOX 1546
ASPEN, CO 81612
ASPEN GROVE ASSOCIATES LLP
205 S MILL ST STE 301A
ASPEN, CO 81611-2948
ASPEN SKIING COMPANY LLC
PO BOX 1248
ASPEN, CO 81612
BAISCH BARBARA D
PO BOX 2127
LA JOLLA, CA 92038
BARBATA LAURA ANDERSON 1/3
C/O JUDY NORMAN
2040 FRANKLIN ST #507
SAN FRANSISCO, CA 94109
BATTLE GERALD LIVING TRUST
HIXON BURT LIVING TRUST
PO BOX 2847
NEWPORT BEACH, CA 92659
BICKERS EVERETT E
3320 OLD HILL RD
FLOYDS KNOBS, IN 47119
BLACK HAWK ASPEN LLC
ROECLlFFE COTTAGE JOE MOORES LN
WOODHOUSE EAVES LEICESTERSHIRE
LE128TF
ENGLAND,
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ADAM P T
PO BOX 9066
ASPEN, CO 81612
ALLEN ROBERTA
191 REVERKNOLLS
AVON, CT 06001
ASPEN B COMMERCIAL PROPERTIES
EMMY LOU BRANDT C/O
1440 E VALLEY RD 101
BASALT, CO 81621
ASPEN KOEPPEL LLC
211 MIDLAND AVE
BASALT, CO 81621
ASPEN SQUARE VENTURES LLP
C/O M & W PROPERTIES
205 S MILL ST STE 301A
ASPEN, CO 81611
BAKER HUGH LEE JR
555 E DURANT AVE STE 2K
ASPEN, CO 81611
BARGE RENE
408 31ST ST
NEWPORT BEACH, CA 92663
BECKER EQUITIES LLC
50 S JONES BLVD #100
LAS VEGAS, NV 89107
BIDWELL BERT INVESTMENT
CORPORATION
PO BOX 567
ASPEN, CO 81612
BONCZEK ROBERT R
POBOX 3854
CHAPEL HILL, NC 27515-3854
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Jam and Smudge Free Printing
UseAvery@TEMPLATE S160@
'BOOGIES BUILDING OF ASPEN LLC
C/O LEONARD WEINGLASS
534 E COOPER AVE
ASPEN, CO 81611
BOWDEN ROBERT
PO BOX 1470
ASPEN, CO 81612
BROWN GORDON H & ANN
860 SODA CREEK RD
EVERGREEN, CO 80439-9646
CARAS STACY JOAN
PO BOX 266
PALOS VERDES ESTATES, CA 90274
CASEY NANAH B
555 E DURANT AVE STE 2K
ASPEN, CO 81611
CHERAMIE CAPITAL HOLDINGS LLC
21/22
143 CHERAMIE LN
GOLDEN MEADOW, LA 70357
CLEMENT FAMILY TRUST
PO BOX 709
BIG BAR, CA 96010
COASTAL MTN PROPERTIES LLC
2639 MC CORMICK DR
CLEARWATER, FL 33759
COOBAC DEAN P TRUST #1 25%
4468 JUNIPER DR
KEWADIN, MI 49648
COX JAMES E & NANCY
3284 SURMONT
LAFAYETTE, CA 94549
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1-800-GO-AVERY
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BORGIOTTI CLAUDIO
9610 SYMPHONY MEADOW LN
VIENNA, VA 22192
BRADEN PAMELA
6811 KENILWORTH AVE #400
RIVERDALE, MD 20737
BURGESS HUBERT & JO ANNE LIVING
TRUST
7138 MEADOWCREEK DR
DALLAS, TX 75254-2715
CARELLA RICHARD J & JOAN
555 E DURANT #31
ASPEN, CO 81611
CAVES KAREN WHEELER
1 BARRENGER CT
NEWPORT BEACH, CA 92660
CHISHOLM REVOCABLE TRUST
3725 N GRANDVIEW DR
FLAGSTAFF, AZ 86004-1603
CLIFFORD MRS MARGARET JOAN
146 WILD TIGER RD
BOULDER, CO 80302
COLONY RAYMOND F TRUSTEE
COLONY ANITA MAE TRUSTEE
685 S LA POSADA CIR UNIT 2602
GREEN VALLEY, AZ 85614-5156
COOPER NORTH OF NELL
CONDOMINIUMS LLC
903 N 4YTH ST
ROGERS, AR 72756-9615
CRAFT LESTER R JR
2026 VETERAN AVE
LOS ANGELES, CA 90025-5722
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2492 E TERRARIDGE DR
HIGHLANDS RANCH, CO 80126
BRADLEY MARK A
PO BOX 1938
BASALT, CO 81621
CALGI RAYMOND D & ANNE A
134 TEWKESBURY RD
SCARSDALE, NY 10583
CARRIAGE GROUP ASPEN LLC
124 RIGHTERS MILLRD
GLAOWYNE, PA 19035
CHATEAU ASPEN UNIT 21-A LLC
BLDG 421-G MBC
ASPEN, CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CMMM INVESTMENTS LLC
4937 HEARST ST #B
METAIRIE, LA 70001
COLORADO RESORT PROP GP
10218 ELLA LEE LN
HOUSTON, TX 77042
CORNELISSEN TOM
4753 N SHORE DR
MOUND, MN 55364-9607
DALY CAROL CENTER
155 LONE PINE RD C-11
ASPEN, CO 81611
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DALY THOMAS J & JUDITH J
1590 HOMESTAKE DR
ASPEN, CO 81611
DIBRELL CHARLES G JR & FRANCES
24 ADLER CIR
GALVESTON, TX 77551-5828
DRUKER HENRY L
9 W 57TH ST STE 3420
NEW YORK, NY 10019-2701
ELLERON CHEMICALS CORP
720 NORTH POST RD #230
HOUSTON, TX 77024
ESSES CAROLINE & STEPHEN
8884 STABLE CREST BLVD
HOUSTON, TX 77024
FERRY JAMES H III
BOX 167
GLENCOE, IL 60022
FRAZIER FAMILY DEC TRUST
C/O JAMES FRAZIER
624 E BLACKWELL AVE
BLACKWELL, OK 74631
GERARDOT JANE M TRUSTEE
GERARDOT J REVOCABLE TRUST
5526 HOPKINTON DR
FORT WAYNE, IN 46804
GODBOLD EDMUND 0
524 COLONY DR
HARTSDALE, NY 10530
GOODWIN WILLIAM
418 6TH AVE STE 1200
DES MOINES, IA 50309
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C/O FRIAS PROPERTIES
730 E DURANT AVE
ASPEN, CO 81611
DONOVAN CAROL SMITH
800 N MICHIGAN AVE #3603
CHICAGO, IL 60611
DURWARD SUSAN & QUENTIN
702 E SAWGRASS TR
DAKOTA DUNES, SD 57049
ERIKSEN STEIN FAMILY PARNERSHIP
LLLP
PO BOX 2729
PARK CITY, UT 84060
EW PROPERTIES LLC
C/O B MASON TIAA-CREF
8000 FORSYTH
ST LOUIS, MO 63105
FITZGERALD FAMILY PARTNERSHIP L TO
C/O PITKIN COUNTY DRY GOODS LLC
520 E COOPER
ASPEN, CO 81611
GA RESORT CONDO ASSOC
1000 S MILL ST
ASPEN, CO 81611-3800
GILBERT GARY
1556 ROYAL BLVD
GLENDALE, CA 91207
GOFEN ETHEL CARO TRUSTEE
455 CITY FRONT PLAZA
CHICAGO, IL 60611
GRAND ASPEN LODGING LLC
PO BOX S
ASPEN, CO 81612-7420
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2240 ENCINITAS BLVD #401
ENCINITAS, CA 92024
DRAKE NANCY W
C/O GLAUBERMAN
9 E 40TH ST - 7TH FLOOR
NEW YORK, NY 10016-0402
ECCHYMOSIS LLC
4802 E SECOND ST
LONG BEACH, CA 90803
ESPOSITO VINCENT A & JANET M
TRUSTEES
6276 VIA CANADA
RANCHO PALOS VERDES, CA 90275
FEHR EDITH B REVOCABLE TRUST
C/O DAVID FEHR
717 PROMONTORY LN
BASALT, CO 81621
FLY MARIE N
7447 PEBBLE POINTE
W BLOOMFIELD, MI 48322
GABERMAN RICHARD M & PAVA
JEREMY TRUSTEE
380 UNION ST STE 300
WEST SPRINGFIELD. MA 01089
GLUCK CAROLE E
176 E 71ST ST
NEW YORK, NY 10021
GONE WEST LLC
C/O MILLAR MIKE
401 W CENTER
SEARCY, AK 72145-1406
GREENWAY COMPANY INC
666 TRAVIS ST STE 100
SHREVEPORT, LA 71101
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979 QUEEN ST
ASPEN, CO 81611
GUIDO SWISS INN LTO PARTNERS
23655 TWO RIVERS RD
BASALT, CO 81621
HAROLD GRINSPOON CHILDRENS
FAMILY TRST
380 UNION ST
WEST SPRINGFIELD, MA 01089
HENRICKS JOHN AND BONNIE 50%
WILKIE MICHAEL 50%
254 N LAUREL AVE
DES PLAINES, IL 60016
HUNKE CARLTON J L VG TRST
4410 TIMBERLINE DR SW
FARGO, ND 58103
HYATT GRAND ASPEN
C/O VIC GIANNELLI
415 E DEAN ST
ASPEN, CO 81611
JALILI MAHIR
PO BOX4150
ASPEN, CO 81612
JOYCE EDWARD
11 S LA SALLE ST #1600
CHICAGO, IL 60603-1211
KIRSCHENBAUM DAVID TRSTE
NORTH OF NELL CONDOS
555 E DURANT AVE
ASPEN, CO 81611
KOPP ROBERT LEIGH FAMILY TRUST
50%
34425 HWY 82
ASPEN, CO 81611
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PO BOX 1120
CARBONDALE, CO 81623
GUILBEAU CAPITAL HOLDINGS LLC
151 CHERAMIE LN
GOLDEN MEADOW, LA 70357
HEMP SUZANNE L1V TRUST
15470 POMONA RD
BROOKFIELD, WI 53005
HOPPES DIANA
5400 VERNON AVE #106
EDINA, MN 55436
HUNTER PLAZA ASSOCIATES LLP
C/O M & W PROPERTIES
205 S MILL ST STE 301A
ASPEN, CO 81611
HYMAN BARBARA TRUST
150 BRADLEY PL #405
PALM BEACH. FL 33480
JENNE LLP
C/O PERRY & CO PC
PO BOX 1790
BELLAIRE, TX 77402-1790
K L 77 CO INVESTMENTS LP
8807 W SAM HOUSTON PKWY N #200
HOUSTON, TX 77040
KLEIMAN SCOTT G
1216 TIMBERLAND DR
MARIETTA, GA 30067
KOVAL BARBARA TRSTE
C/O NORTH OF NELL
555 E DURANT
ASPEN, CO 81611
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TRUST
100 EAST BLEEKER
ASPEN, CO 81611
GUSSEL JOHN THOMAS
PO BOX 600
WISCONSIN DELLS, WI 53965
HENDRICKS SIDNEY J
HENDRICKS YOLANDE EVERHARD
6614 LAKEVILLE RD
PETALUMA, CA 94954-9256
HUGHES CONSTANCE L
5580 LAJOLLA BLVD #511
LAJOLLA, CA 92037
HURWIN DUFFY & RON REV TRUST
558 TONAYA DR
TIBURON, CA 94920
INDEPENDENCE PARTNERS
C/O M & W PROPERTIES
205 S MILL ST #301A
ASPEN, CO 81611
JFG LIMITED PARTNERSHIP
A COLORADO LIMITED PARTNERSHIP
44125 E HWY 82
ASPEN, CO 81611
KEENAN MICHAEL & NOLA
265 S FEDERAL HWY #332
DEERFIELD BEACH, FL 33441
KNIGHT CHARLES T & ANNE G
PO BOX 50047
MONTECITO, CA 93150-0047
KRAJIAN RON
617 E COOPER AVE #114
ASPEN, CO 81611
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KUNKEL LEWIS S
68 JANE ST #7E
NEW YORK, NY 10014
LANDL KARL G & EDELTRAUD I
6 W RIDGE AVE
PROSPECT HEIGHTS, IL 60070
LEFFERS JEFFREY J TRUSTEE
GERARDOT J REVOCABLE TRUST
5526 HOPKINTON DR
FORT WAYNE, IN 46804
MAUN MATTHEW D & S ELIZABETH
GIBSON BARRY & PATRICIA DOCHERTY
0225 CHEROKEE LN
CARBONDALE, CO 81623
MCPHETRES RICHARD M
7 YOUNG ST
BARTON ACT
2600 AUSTRALIA,
MIAO SANDRA
9610 SYMPHONY MEADOW LN
VIENNA, VA 22182
MOEN DONNE P & ELIZABETH A
8 CABALLEROS RD
ROLLING HILLS, CA 90274
N S N ASSOCIATES INC
11051 W ADDISON ST
FRANKLIN PARK, IL 60131
NEUMANN MICHAEL
7381 MOHASNIC DR
BLOOMFIELD HILLS, MI 48301
NORDAN JOSH
433 PLAZA REAL STE 275
BOCA RATON, FL 33432-3999
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KUTINSKY BRIAN
7381 MOHANSIC DR
BLOOMFIELD HILLS, MI 48301
KUYFAR & CO
604 LIBERTY ST #311
PELLA,IA 50219-1777
LARSON KARL G & M MADELEINE
PO BOX 8207
ASPEN, CO 81612
LCT LP
TENNESSEE LIMITED PARTNERSHIP
PO BOX 101444
NASHVILLE, TN 37224-1444
MAIERSPERGER RENELL
2 CHADDWYCK LN
CHADDSFORD, PA 19317-9432
MARCUS DURANT GALENA LLC
C/O STEPHEN J MARCUS
PO BOX 1709
ASPEN, CO 81612
MAVROVIC ERNA
530 E 72ND ST APT 15-C
NEW YORK, NY 10021
MCGARRY ALEJANDRA ANDERSON 1/3
C/O MARY DIANE ANDERSON
PO BOX 1959
ASPEN, CO 81612
MCQUOWN ENTERPRISES LP
19330 CARRIGER RD
SONOMA, CA 95476
MEYER BUSINESS BUILDING LLC
23655 TWO RIVERS RD
BASALT, CO 81621
MILLER MARK EDWARD & LISA
WEATHERBY
3595 TUXEDO CT
ATLANTA, GA 30305
MJM AMENDED & RESTATED TRUST
1776 SLANE
NORTH BROOK, IL 60062
MOODY BRETT
6363 WOODWAY #110
HOUSTON, TX 77057
MORRIS ROBERT P
600 E HOPKI NS AVE STE 304
ASPEN, CO 81611
NATTERER HELEN
57 BURN BANK ST
NEPEAN
ONTARIO K2GOH2 CANADA,
NAYLOR IRVIN S
100 BOXWOOD LN
YORK, PA 17402
NIELSON COL STEVE & CAROL D
501 S FAIRFAX
ALEXANDRIA, VA 22314
NN LLC
C/O THOMAS GARRITANO
PO BOX41-1144
CHICAGO,IL 60641
NORTH OF NELL CONDO ASSOC
555 E DURANT AVE
ASPEN, CO 81611
OLlTSKY TAMAR G & STEPHEN L
2127 HAINES WY
LANSDALE, PA 19446
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2492 E TERRARIDGE DR
HIGHLANDS RANCH, CO 80126
PEARCE VIRGINIA
1195 E COOPER AVE #A
ASPEN, CO 81611
PH 006 LLC
555 E DURANT ST #3J
ASPEN, CO 81611
PORTE BROOKE
3520 PADDOCK RD
WESTON, FL 33331-3521
R & R INVESTMENTS
A CALIFORNIA PARTNERSHIP
15238 OAK VALLEY RD
RAMONA, CA 92065
REICH DANIEL S TRUST 20%
6 RINCON ST
IRVINE, CA 92702
RESNICK EDITH L TRUSTEE
2245 CAMEO LAKE CT
BLOOMFIELD HILLS, MI 48302-1605
ROCKY MOUNTAIN VENTURES LLC
4510 NE DE LA MAR PL
LEES SUMMIT, MO 64064
ROSS BARBARA REVOCABLE TRUST
PO BOX 594
HANALEI, HI 96714
ROSS ROGER A REVOCABLE TRUST
POBOX 770487
STEAMBOAT SPRINGS, CO 80477
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OWEN LYNNE H FAMILY TRUST
11200 LUXMANOR RD
ROCKVILLE, MD 20852
PEARSON REBECCA J
1610 JOHNSON DR
STILLWATER, MN 55082
PHILLIPS STEPHANIE
985 FIFTH AVE
NEW YORK, NY 10021
PRADA USA CORP
C/O GIORGION RIGHETTI, CFO
610 WEST 52 ST
NEW YORK, NY 10019
RAHLEK LTD AT BANK OF AMERICA
HARDING & CARBONE INC
3903 BELLAIRE BLVD
HOUSTON, TX 77025
REICH MELVIN L TRUST 80%
4609 SEASHORE DR
NEWPORT BEACH, CA 92663
RIEDEL JOYCE L TRUST
PO BOX 3006
EDWARDS, CO 81632-3006
ROGENESS GRAHAM A & RUTH ANN
3046 COLONY DR
SAN ANTONIO, TX 78230
ROSS JOHN F
7600 CLAYTON RD
ST LOUIS, MO 63117
ROYCE CHARLENE
43 W 64TH ST #4A
NEW YORK, NY 10023
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PO BOX 7699
HORSESHOE BAY, TX 78657-7699
PETERSON CHRISTY
867 HAVEN CREST CT NO
GRAND JUNCTION, CO 81506
POINDEXTER WILLIAM M & JANI
JENNIFER
1040 AVONOAK AVE
GLENDALE, CA 91206
PUCHY SHIRLEY
C/O NORTH OF NELL
555 E DURANT
ASPEN, CO 81611
RED FLOWER PROP CO PTNSHP
545 MADISON AVE STE 700
NEW YORK, NY 10022
RESIDENCES AT LITTLE NELL DEV LLC
C/O TYNANGROUP INC
2927 DE LA VINA ST
SANTA BARBARA, CA 93105
ROBERTS EILEEN
281 YORK ST
YORK VILLAGE, ME 03909
RONCHETTO LYNN A
320 E 42ND ST #101
NEW YORK, NY 10017
ROSS LUCIANNA G
33 PORTLAND PL
ST LOUIS, MO 63108
RUBENSTEIN ALAN B & CAROL S
57 OLDFIELD DR
SHERBORN, MA 01770
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3000 TOWN CENTER #1730
SOUTH FIELD, MI 48075
S & S REALTY PARTNERS LLC
1040 FIFTH AVE #2C
NEW YORK, NY 10028
SALTON MARY
221 VALLEY RD
ITHACA, NY 14850
SCHMIDT RALPH N
536 N 7TH ST
GRAND JUNCTION, CO 81501
SEGUIN JEFF W & MADALYN B
PO BOX 8852
ASPEN, CO 81612
SHAPIRO EUGENE B & MARLENE R
6301 E NAUMANN DR
PARADISE VALLEY, AZ. 85253
SILVER DIP EQUITY VENTURE LLC
C/O GARFIELD & HECHT
601 E HYMAN AVE
ASPEN, CO 81611
STERLING TRUST COMPANY TRUSTEE
PO BOX 1491
HANALEI, HI 96714
SWENERG JAMES & SANDRA L
2660 ROCK REST RD
PITTSBORO, NC 27312
TERMINELLO DENNIS J & KERRY L
656 RIDGEWAY
WHITE PLAINS, NY 10605-4323
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5514 CALUMET AVE
LA JOLLA, CA 92037
SACO INC
DAY WILLIAM A JR
10226 FIELDCREST DR
OMAHA, NE 68114
SANDIFER C WESTON JR & DICKSIE LEE
240 LINDEN DR
BOULDER, CO 80304-0471
SCHNITZER KENNETH JR
2100 MC KINNEY ST 1760
DALLAS, TX 75201
SEGUIN MARY E TRUST
4944 CASS ST #1002
SAN DIEGO, CA 92109-2041
SHERWIN GREG
2907 SHADOW CREEK DRIVE #104
BOULDER, CO 80303
SODERLlNG RONALD E TRUSTEE
C/O RESCO
901 DOVE ST STE 270
NEWPORT BEACH, CA 92660-3038
STUDENT ISAAC & NECHAMA UND 1/2
INT
PO BOX 457
ASPEN, CO 81612
TENNESSEE THREE
PO BOX 101444
NASHVILLE, TN 37224-1444
TOMKINS DOUGLAS S
C 0 ASPEN ART SUPPLY
520 E COOPER AVE
ASPEN, CO 81611
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51 COUNTRY CLUB CIR
SEARCY, AR 72143
SADEGHI NASSER
PO BOX 1411
ASPEN, CO 81612
SCHEUERMANJOANNEE
200 LOCUST ST #23A
PHILADELPHIA, PA 19106
SCHNITZER KENNETH L & LISA L
4023 OAK LAWN AVE
DALLAS, TX 75219
SEGUIN MICHAEL
PO BOX 1914
ASPEN, CO 81612
SHUMATE MARK
22116TH ST NW #2
ATLANTA, GA 30363
SOPRIS VENTURES LLC
PO BOX 572
PAUMA VALLEY, CA 92061
SWEARINGEN WILLIAM F
163 PONCE DE LEON AVE
ATLANTA, GA 30308
TENNESSEE THREE RENTALS
C/O MRS A E MILLER
222 HEATHER VIEW DR
JONESBOROUGH, TN 37659
TOMKINS KERN AND COMPANY
KERN ELIZABETH C/O
3131 LAKESIDE WAY
GRAND JUNCTION, CO 81506
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981 E BRIARWOOD CIR N
LITTLETON, CO 80122
VARADY LOTHAR M & CHERYL G
5036 MAUNALANI CIR
HONOLULU, HI 96816
WALLEN-OSTERAA REV LIVING TRUST
36 OCEAN VISTA
NEWPORT BEACH, CA 92660
WAVO PROPERTIES LP
443 SW SIXTH ST
DES MOINES, IA 50309
WELLS KATHERINE G
33 PORTLAND PL
ST LOUIS, MO 63108
WEST DWIGHT & KELLENE FOWLER
5509 UPPER CATTLE CRK RD
CARBONDALE, CO 81623
WILSHIRE COMPANY
PO BOX 828
ORINDA, CA 94563
WOLF LAWRENCE G TRUSTEE
22750 WOODWARD AVE #204
FERN DALE, MI 48220
ZEFF DANIEL A
30 EDGEHILL RD
MILL VALLEY, CA 94941
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PO BOX2127
LA JOLLA, CA 92038
VOLK PLAZA LLC
CIO FLEISHER COMPY
0328 HWY 133 ST 220
CARBONDALE, CO 81623
WALLING REBECCA
350 BLANCA AVE
TAMPA, FL 33606
WEIGAND FAMILY TRUST 23/100
150 N MARKET
WICHITA, KS 67202
WELLS RICHARD A & SUSAN T
PO BOX 4867
ASPEN, CO 81612
WEST ULLA CHRISTINA
3042 TOLKIEN LN
LAKE OSWEGO, OR 97034
WINE RICHARD A
65 E INDIA ROW #29D
BOSTON, MA 02110
YERAMIAN CHARLES
PO BOX 12347
ASPEN, CO 81612
ZEFF ELEANOR E & ROBERT H
555 E DURANT AVE
ASPEN, CO 81611
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301 N LAKE AVE STE 900
PASADENA, CA 91101
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CIO RICHARD W VOLK MANAGER
2327 MIMOSA DR
HOUSTON, TX 77019
WARNKEN MARK G
1610 JOHNSON DR
STILLWATER, MN 55082
WEINGLASS LEONARD
PO BOX 11509
ASPEN, CO 81612
WELSCH SUSAN FLEET TRUST
10 UTE PLACE
ASPEN, CO 81611
WHITMAN WAYNE & FRAN UND 1/2 INT
PO BOX 457
CLEARWATER, FL 33757-0457
WOLF FAMILY TRUST 12/23/1986
1221 MYRTLE AVE
SAN DIEGO, CA 92103
ZEFF DANIEL
CIO NORTH OF NELL
555 E DURANT 4K
ASPEN, CO 81611
ZENSEN ROGER
313 FRANCES THACKER
WILLIAMSBURG, VA 23185
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RE' AJAX MOUNTAIN BU1:D::I~~:::N' GBo~~~~Dry
REVIEW FOR FREE-MARKET RESIDENTIAL UNITS IN A MIXED USE D G\
BUILDING, GROWTH MANAGEMENT REVIEW FOR AFFORDABLE . /;-r~
HOUSING, CONDOMINIUMIZATION 5//1 ;00
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 6, 2006, at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Ajax
Mountain Associates, LLC. requesting approval of Subdivision, Growth Management Review for
Free-Market Residential Units in a Mixed Use Development, a Growth Management Review for
the Development of Affordable Housing, and Condominiumization to construct one free-market
residential unit and one affordable housing unit on the roof of the existing Ajax Mountain
Building. The property subject to this application is located at 520 E. Durant Avenue and is
commonly known as the Ajax Mountain Building. The property is legally described as Lots N-S,
Block 96, City and Townsite of Aspen. The contact information for the Applicant is as follows:
Ajax Mountain Associates, PO Box 1709, Aspen, CO 81612.
For further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO 970.429.2763, (or by email jamesl@ci.aspen.co.us).
s/Jasime TVl!.re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on May 21, 2006
City of Aspen Account
,
City prior to and on a proportional basis to the issuance of any building permits
for residential dwelling units.
The Applicant agrees to make the required payments prior to and on a
proportional basis with the issuance of building permits for the project.
Payments will be based on the applicable formula in effect at the time of building
permit issuance for each residence.
B. Growth Management Allotment
Section 26.470.040(C)(6), Free-Market Residential Units within a Mixed-Use
Project.
The development of new or expansion of existing free-market residential
units within a mixed-use project shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission based on the following criteria:
a) Sufficient growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030.0, Annual Development
Allotments.
The Applicant is seeking only one (1) free market residential allotment.
Thirty-seven such allotments are available per year, starting on March 1.
b) The proposed development is consistent with the Aspen Area ComrmmihJ
Plan.
This standard has already been addressed above m relation to the
Subdivision.
c) Affordable housing equal to thirty (30) percent of the additional free-
market Floor Area is provided in a in a manner acceptable to the
Aspen/Pitkin County Housing Authority. Affordable housing shall be
approved pursuant to Section 26.470.040. C. 7, Affordable Housing, and be
restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to
provide mitigation units at a lower CategonJ designation.
The free market unit is 3,157square feet, plus 157 square feet for the entry
between the AH unit and the free market unit. Total free market square footage
is 3,314 for the free market unit. Therefore, the 1,110 square foot affordable
housing unit exceeds the requirement by some 116 square feet (1,110/ 3,314 =
0.3349). The project includes a deed restricted, Category 4, "for sale" unit with
1,110 square feet of floor area.
d) The project represents minimal additional demand on public infrastructure
or such additional demand is mitigated through improvement proposed as
part of the project. Public infrastructure includes, but is not limited to,
water supply, sewage treatment, energy and communication utilities,
drainage control, fire and police protection, solid waste disposal, parking,
and road and transit services.
The proposed dwelling units are located on top of the eXlstmg Ajax
Mountain Building and will have minimal impact upon the existing public
infrastructure, which includes, but is not limited to, water supply, sewage
treatment and communication utilities, drainage control, fire and police
protection, solid waste disposal, parking, roads and transit services.
Section 26.470.040(C)(7), Affordable Housing
The development of affordable housing deed restricted in accordance with
the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission
based on the following criteria:
a) Sufficient growth management allotments are available to accommodate
tile new units, pursuant to Section 26.470.030.C, Development Ceiling
Lelle Is.
The proposal involves development of one (1) affordable housing unit.
Section 26.470.030(0) of the Code provides that there is no annual limit for
residential-affordable housing allotments. Therefore, sufficient allotments are
available.
b) The proposed development is consistent with the Aspen Area Community
Plan.
This standard has already been addressed above m relation to the
Subdivision.
c) The proposed units comply with the Guidelines of the Aspen/Pitkin
County Housing Authority. A recommendation from the Aspen/Pitkin
County Housing Authority shall be required for this standard. The
Aspen/Pitkin County Housing Authorih) may choose to hold a public
hearing with the Board of Directors.
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The proposed 1,110 square foot, Category 4, "for sale" unit complies with
or exceeds all requirements of the APCHA Housing Guidelines.
d) Affordable Housing required for mitigation purposes shall be in the form
of actual newly built units or buy-down units. Off-site units shall be
provided within the City of Aspen city limits. Units outside the cihj limits
may be accepted as mitigation by the City Council, pursuant to
26.470.040.0.2. Provision of affordable housing through a cash-in-lieu
payment shall be at the discretion of the Planning and Zoning
Commission upon a recommendation from the Aspen/Pitkin County
Housing Authority. Required affordable housing may be provided through
a mix of these methods.
The proposed mitigation comes in the form of an actual, on-site, newly
built 1,110 square foot, Category 4, "for sale" affordable housing unit deed
restricted in accordance with the requirements of the APCHA Housing
Guidelines.
e) The proposed units shall be deed restricted as 'for sale" units and
transferred to qualified pu rchasers according to the Aspen/Pitkin County
Housing Authorihj Guidelines. In the alternative, rental units may be
provided if a legal instrument, in a form acceptable to the City Attorney,
ensures permanent affordability of the units.
The proposed unit will be sold in accordance with APCHA requirements.
4. The governing documents shall be drafted to reflect the potential for the rental unit to
become an ownership unit. Since the project is a mixed free-marketldeed-restricted project,
the assessments shall be based on the value of the free-market unit compared to the deed-
restricted unit. This language shall be required in the approval and in the Covenants
associated with the project. No changes to this restriction would be allowed without
APCHA's approval.
5. The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior
to Certificate of Occupancy.
6. APCHA or the applicant shall structure a deed restriction for the units such that 1/IOth of
I percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County
Housing Authority; or until such time the unit becomes an ownership unit; or the
applicant may propose any other means that the Housing Authority determines
acceptable.
2
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Aspen Consolidated Sanitation District
Paul Smith * Chairman
Michael Kelly * Vice- Chair
John Keleher * Secrrreas
Frank Loushin
Roy Holloway
Bruce Matherly, Mgr
April 18, 2006
APR 1 9 2006
James Lindt
Community Development
130 S. Galena
Aspen, CO 81611
"TNT
Re: Ajax Mountain Building
Dear James:
We have reviewed the application for the proposed improvements at the Ajax Mountain Building
and our comments are attached.
Please call if you have any questions.
Sincerely,
~ ~ -yv.. h\.. ~
Bruce Matherly LJ
District Manager
attachment
565 N. Mill St., Aspen, CO 81611/ (970)925-3601 / FAX (970)925-2537
ACSD Review Comments
Ajax Mountain Building
ACSD will not commit to serve the additional development on this parcel until the roof,
perimeter, and garden level drains have been directed to a drywell system or stonn drain system
and discounected from the district's sanitary sewer system thereby eliminating all clear water
connections.
Service is contingent upon compliaoce with the District's rules, regulations, aod specifications, which
are on file at the District office at the time of construction.
All clear water connections are prohibited, i.e. ground water, (roof, foundation, perimeter, patio
drains), including entrances to underground parking garages.
On-site drainage plans require approval by the district, must accommodate ACSD service requirements
aod comply with rules, regulations and specifications.
On-site sanitary sewer utility plans require approval by ACSD.
Oil aod Grease interceptors are required for food processing establishments. The interceptor should be
located outside the building in an area accessible to a septic pumping truck.
Plans for interceptors, separators and containment facilities require submittal by the applicant and
approval prior to building permit.
Glycol snowmelt aod heating systems must have containment provisions and must preclude discharge
to the public sanitary sewer system.
The existing building is served by two 4" cast iron service Iioes. Since the existing system has had
problems in the past, we would recommend televising the existing lines aod determining the condition
of these lines if the applicant wishes to use them for the expansion.
When new service Iioes are required for existing development the old service Iioe must be excavated
aod abandoned at the main sanitary sewer Iioe according to specific ACSD requirements.
Below grade development may require installation of a pumping system.
Generally one tap is allowed for each building. Shared service line agreements may be required where
more than one unit is served by a single service Iioe.
Permaoent improvements are prohibited in areas covered by sewer easements or right of ways to the lot
line of each development.
Since the addition will add plumbing fixtures and square footage to the facility, incremental fees will be
assed for this remodel. All ACSD total connection fees must be paid prior to the issuance of a building
permit.
Where additional development would produce flows that would exceed the planned reserve capacity of
the existing system (collection system and or treatment system) an additional proportionate fee will be
assessed to eliminate the downstream collection system or treatment capacity constraint.
TO:
MEMORANDUM
Plans were routed to those departments checked-off below:
X......... Community Development Engineer
X ........... City Engineer
o ........... Zoning Officer
X ........... Housing
X ........... Parks Department
X ........... Aspen Fire Marshal
X ........... City Water
X ........... Aspen Consolidated Sanitation District
X ........... Building Department
X ........... Environmental Health
o ........... Electric Department
o ........... Holy Cross Electric
o ........... City Attorney
X ........... Streets Department
o ........... Historic Preservation Officer
o ........... Pitkin County Planning
TO:
DRC Representatives
FROM:
James Lindt, Senior Planner
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-429-2763 Fax-920.5439
RE:
Ajax Mountain Building (520 E. Durant Avenue) Addition
Parcel ID #2737-182-22-006
DATE OF DRC MEETING: 4/5/06
DATE: 3/29/06
COMMENTS:
Hi DRC Representatives,
Please find attached the Ajax Mountain Building Subdivision/Growth Management
application. Please review and e-mail written comments to Alex Evonitz at
alexertl1ci.aspen.co.us. A DRC Meeting will be held on 4/5/06 at I :30 PM in City
Council Chambers.
APPLICATION REFERRED TO DRC: 3/29/06
DRC MEETING DATE: 4/5/06
WRITTEN REFERRAL COMMENTS DUE: 4/14/06
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Application for the Ajax Mountain Lofts
Planning and Zoning Committee
G.M.Q.S & Subdivision
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01 March 2006
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Applicant: Stephen Marcus
Ajax Mountain Associates LLC
PO BOX 1709
Aspen, CO.81611
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Location:
Ajax Mountain Building
520 East Durant Street
Aspen, CO. 81611
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Zone District: Commercial Core
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Proposal for the Ajax Mountain Lofts located at
520 East Durant Street, Aspen, Colorado.
Proposed are two dwellings located above the Ajax
Mountain Building.
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Represented by:
Jeffrey Halferty Design
215 South Monarch Street # 202
Aspen, CO. 81611
And
Haas Land Planning
201 North Mill Street, # 108
Aspen, CO. 81611
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j e f f r e y
h a I f e r t y
d e 5 I 9 n
215 S Monarch St. suite 202
Aspen, Colorado 81611
(970) 920-4535
(970) 925-6035 Fax
';'''
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James Lindt
Senior Planner
City of Aspenl Community Development
130 South Galena Street
Aspen, Colorado. 81611
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Mr. J. Lindt,
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To bring to your attention, Aspen Mountain Associates, Stephen Marcus, represented by
Jeffrey Halferty Design has proposed to construct two dwelling units on the roof of the existing Ajax
Mountain Building located at 520 East Durant Street, Aspen, Colorado, Lots N-S, Block 96, City and
Town site of Aspen, State of Colorado. The two proposed dwelling units are set towards the back of
the Ajax Mountain building and one unit is free market, while the other unit is affordable housing
unit.The square footage for the free market unit is 3,314 and the total square footage for the
affordable housing unit is 1,110.
We have gained approval for our design through two Historical Preservation Conservation
agendas and we have met the criteria for approval and to proceed towards the next Planning and
Zoning agendas.
Attached are the responses as requested to the City of Aspen Land Use Code. Addressed are
the following:
1. Subdivision Approval
2. Growth Management Quota System
Please contact us with any questions, concerns or areas we may have overlooked for final
approval.
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Thanks for your time,
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Jeffrey Halferty
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FEES DUE: $
General Information
,,,,.,,
Please check the appropriate boxes below and submit this page along with your application. This information will
YES NO
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help us review your plans and, if necessary, coordinate with other agencies that may be involved
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Does the work you are planning include exterior work; including additions, demolitions, new
construction, remodeling, rehabilitation or restoration?
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Does the work you are planning include interior work; including remodeling, rehabilitation, or
restoration?
Ii
Do you plan other future changes or improvements that could be reviewed at this time?
In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect
and a building permit, are you seeking to meet the Secretary of the Interior's Standards for
Rehabilitation or restoration of a National Register of Historic Places property in order to quality
for state or federal tax credits?
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If yes, are you seeking federal rehabilitation investment tax credits in conjunction with
this project? (Only income producing properties listed on the National Register are
eligible. Owner-occupied residential properties are not.)
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If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation?
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Please check all City of Aspen Historic Preservation Benefits which you plan to use:
o Rehabilitation Loan Fund 0 Conservation Easement Program 0 Dimensional Variances 0 Increased
- Density 0 Historic Landmark Lot Split 0 Waiver of Park Dedication Fees 0 Conditional Uses
o Exemption from Growth Management Quota System 0 Tax Credits
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OS/28/2002 09:00
9709203907
PAGE 01
01 March 2006
Planning and Zoning Committee
Community Development Department
130 South Galena Street
Aspen, Colorado. 81611
RE: 520 East Durant Street - Ajax Mount; lin lofts
To Whom It May Concern:
I herby authorize, Jeffrey Halferty Design, 215 South Monarch Street, Ste.202,
Aspen, Colorado and Haas land Plannin{I, 201 North Mill Street, Ste.108,
Aspen, Colorado. 81611, as my designatt d representatives to act on my behalf
for ttle development of the property locate d at 520 East Durant Street. The legal
description of the property is: Lots N-S, Block 96, City and Town Site of Aspen,
State of Colorado.
Sincerely,
~ '"""~
Stephen Marcus
Ajax Mountain Associates
PO Box 1709
Aspen, Colorado 81612
970.925.7615
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AUG. 29. 2005 11: 59AM
STEWART TITlE
NO. 0701
P. 2
CITY OF ASPEN
EXEJ1i'T FROM WRBTr
DATE REP. :NO.
tlnl"'l <2.- <j"1Ci~
CITY OF ASnH
EXEMPT FROM HRETT
DATE REP e NO./1 'I 0 4
6/"(01 - .
NO CONSIDERATION CONVEYANCE
NO DOCUMENTARY FEE REQUIRED
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO;
Natasha SaypoI, Esq.
Garfield & Hecht, P.C.
601 East Hyman A venuc
Aspen, CO 81611
11~"OOlg[Rilm,~. ~~~;~:....
SPECIAL WARRANTY DEED
AJAX MOUNTAIN ASSOCIATES, L TD, a Colorado limiTed pannership, hereby sells
and conveys to AJAX MOUNTAIN ASSOCIATES, LLC..9 Colorado limited liability
company, whose address is 520 East Durant Street, Suite 207. Aspen. Colorado 81611, the
following real propeny (the "Property") in tbe County of Pitkin. State of Colorado, to wit:
LOTS N, 0, P, Q, R AND 5, BLOCK 96, CITY AND TOWNSITE OF ASPEN
,
TOGETHER WITH EASEMENT RECORDED MAY II, 1981 IN BOOK 408 AT
PAGE 216 AND RE-RECORDED JANUARY 29,1982 IN BOOK 420 AT PAGE 579
with all its appurtenances and warrants title against all persons claiming under Grantor, SUBJECT
TO AND EXCEPTING:
1. Taxe~ for ~h:: year 2004, now a lie:1. b~t ;:o~ yet due "~r payabje~ ana :iII subsequent
years not yet duc or payable.
2. All matters of record with the Pitkin County Clerk & Recorder.
The parties hercto acknowledge and agree that there is no change in btmelicial ownership
of the subject Property as a result of the transfer from Ajax Mountain Associates, Ltd to Ajax
Mountain Associates, LLC. Therefore, this Special Warranty Deed merely reflects a transfer
made without consideration resulting in . minor modification to title.
92293_1
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AUG. 29. 2005 12:00PM 'STEWART TITLE
NO. 0701 P. 3
IIII~ 11I111~11I InflU~nllll "'" /1111111 ~~;~~::1 ~ I: ISA
SILVIO OAVI' PIT<IN COUNTY 00 "II." D e.n
iN WITNESS WHEREOF, The General Partner and LimiTed Partners of Ajax Mountain AssociaTes,
Ltd. have execure4 this Special Warranty Deed this J Olh day of June 2004.
FIRST Ai'iD SECOND
LIMITED PARTNERS:
GENER.4.L PARTNER:
Heller-Warner Villa, Joint Venture
Andrew V. Hecht
Charles B. Israel
Justin B. Israel
Kenneth H. Gutner Irrevocable Trust
Stephen J. Marcu.
MOrlon A. Heller
James Stephen Manous lll'evocable Trust
Melissa Ann Marcus mevocabJe Trust
Glenroy Partners
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Stephen J. Marcus
..
By:
Stephen J. Marcus, attorn .in.fact
for aJl the First and Second Urnited
Partners ilIId for himself
,
STATE OF aJ()~"()
COUNTY OF 'P,..Ha rJ
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The foregoing Special W=anty Deed W:iS ;rck."lcwledged before me this rlay ofJune,
2004, by STephen J. Marcus, as General PD1tner of Ajax Mountain Associates, Ltd., and lIS attorney-
in-fact for all the FirS! and Second Limited Partners and for himself.
~229)_(
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Land Use Application
.
THE CITY OF ASPEN
PROJECT:
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(Indicate street address, lot & block number or metes and bounds description of property)
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(REQUIRED) ,.;... '/ " Y'.:- C/ y . V y
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Name:
Location:
Parcel ID #
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APPLICANT:
Name:
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Address: 1-) ,/{j r. i IJ r +'-" ;.,
Phone #: 17(J 125 --(&?!"S Faxi 110: qr;:....?- '){;a /~ E-mail:
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REPRESENTATIVE:
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Name: __ ~. ?"l:>rZ".J \-t~'._.,:<(,-r'-:'-\'/
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Address: ('/ l(), (" q \ ',' (; rl~r--~~ . ~ ~./ /
I(}"'fn"'-"~^ d,.y~ I('J'I")\"'~'- /;h~h'-:
Phone#:!;:vIJ'//.J- ,"/'/./ Fax#:i-i L ,'il,j-i/://:..>
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TYPE OF APPLICATION: lease check all that a
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Historic Designation
Certificate of No Negative Effect
Certificate of Appropriateness
-Minor Historic Development
-Major Historic Development
-Conceptual Historic Development
-Final Historic Development
-Substantial Amendment
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Relocation (temporary, on or off-site)
Demolition (total demolition)
Historic Landmark Lot Split
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Al!reement for Payment of City of Asoen Develooment Aoolication Fees
CITY OF ASPEN (hereinafter CITY) and A JAy.... M+, -A'7~tJ V -
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submitted to CITY an application for
Lt\7<:S f-c"r 4"" \''','t:: "".W/f70~' '_' 'Bu \ Lb\ r-.i~ ,S'tO:;:;, 'i)) [2WJ'l<;1 -fK''P-a'-{,
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(hereinafter, THE PROJECT).
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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 detennination of application completeness.
'.1....
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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 pennit 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
incUlTed. CITY agrees it will be benefited through the greater certainty of recovering its full costs to
process APPLICANT'S application.
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4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient infonnation 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.
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5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a detennination of application completeness, APPLICANT shall pay an initial
deposit in the amount of$ "51:2,$.:AI which is for hours of CommWlity 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 $205.00 per planner hour over the initial deposit. Such
periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that
failure to pay such accrued costs shall be grounds for suspension of processing. and in no case will
building pennits be issued until all costs associated with case processing have been paid.
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By:
Chris Bendon
Community Development Director
By:
APPLICANT A.:rA)( l'-\"'T. p.,$.SGt.
At~ J(1~~
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CITY OF ASPEN
Date:
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Mailing Address:
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g:\support\forms\agrpayas.doc
1/10/01
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ATTACHMENT 1
CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY
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The City of Aspen, pursuant to Ordinance 57 (Series of 2000), has established a fee structute for the processing of
land use applications. A flat fee or deposit is collected for land use applications based on the type of application
subrnitted. Referral fees for other City departments reviewing the application will also be collected when
necessary. One check including the deposit for Planning and referral agency fees must be subrnitted with each land
use application, made payable to the City of Aspen. Applications will not be accepted for processing without the
required application fee.
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A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal
and predictable amount of staff time to process. The fee is not refundable.
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A deposit is collected by Community Development when more extensive staff review is required, as hours are
likely to vary substantially from one application to another. Actual staff time spent will be charged against the
deposit. Several different staff members may charge their time spent on the case in addition to the case planner.
Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request.
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After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants
may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or
approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or
processing of the application will be suspended. If an applicant has previously failed to pay application fees as
required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In
no case will Building Permits be issued until all costs associated with case processing have been paid. When the
case planner determines that the case is completed (whether approved or not approved), the case is considered
closed and any remaining balance from the deposit will be refunded to the applicant.
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Applications which require a deposit must include an Agreement for Payment of Development Application Fees.
The Agreement establishes the applicant as being responsible for payment of all costs associated with processing
the application. The Agreement must be signed by the party responsible for payment and submitted with the
application and fee in order for a land use case to be opened.
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The current complete fee schedule for land use applications is listed on the next page.
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ASPEN COMMUNITY DEVELOPMENT
2005 LAND USE APPLICATION FEES
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'1"'1.,
CATEGORY
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f1''''~
Major
Minor
Staff Approvals
Flat Fee
Board of Adjustment
Exempt HPC
Certificate of No Negative Effect
Minor Development Cert of Appropriateness
Significant HPC <1000 sq. ft.
Significant HPC >1000 sq. ft.
Demolition, Partial Demolition, Relocation
Certificate of Appropriateness (Amendment)
Appeals
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Referral Fees - Environmental Health
Major
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Referral Fees - Housing
Major
Minor
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Referral Fees - City Engineer
Major
Minor
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Hourly Rate
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HOURS DEPOSIT FLAT FEE
12 2,640.00
6 1,320.00
3 660.00
546.00
177.00
00.00
3 660.00
3 660.00
1320.00
2640.00
2640.00
3 660.00
3 660.00
365.00
365.00
190.00
365.00
190.00
220.00
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Project:
Applicant:
Project
Location:
Zone
District:
Lot Size:
Lot Area:
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Dimensional Requirements Form
(Item #10 on tbe snbmittal reqnirementskey. Not necessary for all projects.)
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(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within
the high water mark, easements, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.)
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Commercial net leasable:
Number of residential units:
Number of bedrooms:
Proposed:
Proposed:
Proposed:
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x/sting: ':J ,JV ~'
Existing: I
Existing:
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Proposed % of demolition:
DIMENSIONS: (write n/a where no requirement exists in the zone district)
Floor Area: Existing: 2-:3;000 Allowab/e:9r;/,JOO Proposed: 6 ,~ I!J
Heieht
Principal Bldg.:
Accessory Bldg.:
On-Site parking:
% Site coverage:
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% Open Space:
_ Front Setback:
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Rear Setback:
Combined Front/Rear:
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Indicate N, S. E. w:.,:
- Side Setback: vi
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Side Setback: ;...._~
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Combined Sides:
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Distance between
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buildings:
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Existing: '{:if) Allowable: Proposed:
Existing: M,A., Allowable: I~,A, Proposed: 1\1-4
Existing: 0' Required: ,"'" Proposed: r
'7-<; '16 / , ..LL
Existing: Required: -Z-5 "75 Proposed: I-..JJ I f "
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Existing: ;:~ c' < Required: Proposed: . '-~ ~.
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Existing: 16./ Required: 0 Proposed: Se,. I
Existing: L"'1 Required: '" Proposed: "
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Existing: /"'; Required: ,'-j Proposed: rl
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Existing: 0 Required: () Proposed: V
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Existing: 0 Required: Proposed: r,_;' ,,!,,
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Existing: ~ Required: ...-'0 Proposed: C)
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Existing: N A Required: 1'\ /\ Proposed: I' T,
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Existing non-conformities or encroachments and note if encroachment licenses have been issued:
- ':;,it,,\-,-::'i':~:;-: ~, ('/,1,' ii' .i '~! ((7 / /. 'ife,'" 'C'" ~r-"/
- Variations requested (identifY the exact variances needed):
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENTATIVE:
OWTYPE OF APPLICATION:
James Lindt, 429-2763 DATE 8/23105
Ajax Mountain Building
Jeffiey Halferty
Celtificate of Appropliateness for Major HP Development, Mountain View Plane Exemption,
GMQS Review for Free-Market Residential Units in a Mixed-Use Development, GMQS
Review for Affordable Housing, Subdivision.
TIle Applicant would like to add a fi'ee mmket residential dwelling lmit and an affordable
housing milt to the third floor of the Ajax Mountain Building at 520 E. Dw-ant Avenue. The
subject property is located within the Commercial Core Hist01ic District and will require
approval of a celtificate of appropliateness for major HP development. Additionally, the
property is located in Cooper Avenue View Plane so a view plane exemption will be required
for the additional lmits.
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DESCRIPTION:
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As far as growth management is concemed, a GMQS review for the addition of free market
residential units is necessm}' and the associated employee housing requirements shall be met by
providing deed restIicted affordable housing on the site, eqnaling at least 30% of the additional
fi-ee market residential floor m'ea being proposed. Subdivision is also required to develop multi-
family residential milts in a mixed use development.
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Staff would suggest that a Conceptual HPC Application be submitted and
J'eviewed by the HPC prior to submitting an application for the other land use
requests associated with this project.
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Land Use Code Section(s)
26.304 Common Development Review Procedures
26.415.070(D) Certificate of Appropriateness for Major HP Development
26.435.050(C) Mountain View Plane Review
26.470.040(C)(6) GMQS Review for Free-Market Residential Units within a Mixed-Use Project.
26.470.040(C)(7) GMQS Review for Affordable Housing
26.480 Subdivision
26.515 Off-street Parking
26.610 Park Development Impact Fee
26.630 School Lands Dedications
26.710.140 Commercial Core Zone District
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- Review by:
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- Public Heming:
Plmming Fces:
- Referral Fees:
- Total Deposit:
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Staff for complete application
Refenal agencies tor technical considerations (likely hold a Development Review Committee
(DRC) meeting)
Conununity Development Director for recommendations on land use requests
HistOlic Preservation COlmnission (review of conceptual HPC)
Planning and Zoning COlmnission (final review of GMQS requests, mountain view plane review
and recommendation to City Council on subdivision)
City Council (final review of subdivision)
HistOlic Preservation Commission (review of final HPC)
Yes at HPC (both Conceptual and Final) P & Z, Council 2'ci Reading of Ordinauce.
$2640 Dcposit for 12 hours of staff time (additional staff time required is billed at $220 per hour)
Engineering ($365), Enviromnental Health ($365), Housing ($365)
$3,735 (Applicant may pay deposit of just $1,320 for 6 hI'S. of staff time to submit for
Significant Conceptual HPC application separately from the other requests).
Total Number of Application Copies:
Conceptual HPC: 12 Copies
Subdivision and associated reviews: 30 Copies
Final HPC: 12 Copies
FI'!I
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within' a letter signed by the applicant stating
the name, address, and telephone number ofthe representative authorized to act on behalf of the
applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the propelty, and all mortgages, judgments, liens, easements,
contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the
Development Application.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Completed Dimensional Requirements Form.
7. Pre-application Conference Summary.
8. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
9. Proof of ownership.
10. Existing and proposed site plan and parking plan.
11. Existing and proposed floor plans and elevation drawings that include existing and proposed dimensional
requirements.
12. A site improvement survey that includes all existing natural and man-made site features.
13. A written description of the proposal and a vvTitten explanation of how a proposed development
complies with the review standards relevant to the development application.
14. A written description of proposed construction techniques to be used.
15. A graphic and photographic display of the Cooper Avenue View Plane with a photographic simulation of
what will blocked in the designated view plane as a result of the development. (If you have questions
about the submission requirements for view plane review, please contact a planner at the Community
Development Department.)
16. All other mate1ials required pursuant to the specific submittal requirements,
17. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list
on mailing labels for a small fee. 920.5453
18. Applications shall be provided in paper format (number of copies noted above) as well as the tex1 only on
either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk.
Microsoft Word format is preferred. Tex1 fOlmat easily convertible to Word is acceptable.
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Disclaimer:
The foregoing summaI)' is advisOl} in nature only and is not binding on the City. The summaT)' is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summat)' does not create a
legal or vested right.
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Lofts at Ajax Mountain Building
Boundary Description/Legal Description and Vicinity map
N.T.S.
Legal Description: Lots N-S, Block 96, Parcel 10 # 273718222006
520 East Durant Street, Aspen, CO. 81611
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TAXAMOUNT
, CITY Of ASPEN
! ASPEN FIRE PROTECTION I
i ASPEN SANITATION OISTRICT,
I ASPEN SCHOOL OISTRICT
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c. n.759
$24,506.08
S3,961.90
$1,032.17
$40,425.79
SI8,015.60
SI,135.83
S6,760.92
SI,018.65
$6,233.57
$14,626.12
S2,258,15
SI6,987.94
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AJAA MOUNTAIN ASSOCIATES LLC
_520 E OURANT ST /207
~EN, CO 81611
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TAX NOTfC-E
ROOO679
Make checks payabl9 tl1: PITKIN COUNTY TREASURER
Posl-daled CheCks are nol acce~tec.
If your real (1'101 pel'!onal) property tax~s w;!i be paici by yo'Jf
mor1gagt co'TIpany.pIe65e.do ;101 cupliCiil~e P<lY:Tll,'nt
If you t'~ve sold this prc~ny. pl~ase fOIWr;rd this statement
10 lhe new oVv'l'ler or rE!luff'l it 10 tt",is office ~ar!(c1 .P'opert}'
sold- (aM incluc3e fhe name arid address if. r.-,~ new owner
if known)
RETAIN TOP PORT,ON FOR YCUR ~ECORDS.
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P~=:A5E SEE REVERSE SIDE OF "H!S
~ORM ~OR ADDITIONAL INFORMATION,
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DRAWN ON A U.S. BANK,
lMAMO\;Nr $68,481.36
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AJAA IllIUNTAIN ASSOCIATES LLC
_520 E OURANT ST 1207
ASPEN, CO 81611
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;=: Chl!Cic this. boll. for chanll8' of .ddrn~ IInd complel. back. cf form.
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AJAA MOlmTAIN ASSOCIATES LlC
PO 6520 E OURANT ST 1207
ASPEN, CO 81611
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$136,962.72
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A. Subdivision Approval
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The purpose of Section 26.480, Subdivision, of the Code includes ensuring
"the proper distribution of development" and encouraging "the well-planned
subdivision of land by establishing standards for the design of a subdivision." This
purpose is forwarded by and achieved with the proposal made herein.
~';'.
Section 26.480.020, Applicability and Prohibitions, describes instances
where subdivision is prohibited, including the requirement for a development
allotment or a GMQS exemption. To comply with this section, the applicant will
use the GMQS exemptions described in detail below. The review standards
applicable to subdivision applications are contained in Section 26.480.050 of the
Code. The standards are provided below (in italics), with each followed by a
response demonstrating consistency and/ or compliance therewith, as applicable.
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A. General Requirements
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
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The proposed project is consistent with the AACP. It proposes residential
development within the commercial core infill area. The site is within a half-mile
radius of a transit node as identified on the AACP's future land use map, which
has the effect of promoting the use of public transportation among the
inhabitants. In addition, the affordable housing goals set forth in the AACP are
addressed by the provision of a high-quality affordable housing unit.
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b. The proposed subdivision shall be consistent with the character of
existing land uses in the area.
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The proposed project is located in the commercial core in close proximity
to several mixed use structures that include residential uses. The Ajax Mountain
Lofts have direct access to Durant Street, Hunter Street and Alley 96. The
gondola plaza is basically across the street and the Ruby Park bus station is a
block away. The proposed subdivision will result in a density and development
pattern that is wholly consistent with the character of existing land uses in the
area.
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The character of the proposed project is compatible with the mixed use
development of the existing neighborhood. Given that the dimensional
requirements of the CC zone will be complied with, the result will be site
planning that is consistent with that which is typical of the neighborhood.
Finally, the development has been approved by the HPC, thereby ensuring a
level of design consistency with the surrounding neighborhood.
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c. The proposed subdivision shall not adversely affect the future
development of surrounding areas.
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The proposed subdivision will not adversely affect future development of
surrounding areas. Any structures built will comply with the requirements of
the CC zone district and will not encroach onto any surrounding properties.
Park development, school land, and other impact fees will be paid, as required,
to offset any impacts of development. The surrounding road and utility systems
are more than adequate to support the proposed subdivision.
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d. The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
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As provided throughout this application, the proposed project is and will
be in compliance with all applicable requirements of the Code. It has already
been found by the HPC to be consistent with all Commercial Core Historic
Overlay District regulations and requirements.
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B. Suitability of land for subdivision
a. Land suitability. The proposed subdivision shall not be located on
land unsuitable for development because of flooding, drainage, rock or
soil creep, mudflow, rockslide, avalanche or snowslide, steep
topography or any other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the residents in the proposed
subdivision.
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The proposed project is not located on land considered unsuitable for
development. The site is essentially flat, it is developed, and it is surrounded by
developed properties. The property contains existing development that is not
and has not been subject to geologic or other hazards. The proposed project will
not be harmful to the health, safety, or welfare of the future residents.
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b. Spatial pattern efficient. The proposed subdivision shall not be
designed to create spatial patterns that cause inefficiencies, duplication
or premature extension of public facilities and unnecessary public
costs.
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The proposed project will not require neither an extension of public
facilities nor incurrence of unnecessary public costs. No inefficiencies,
duplication or premature extension of public facilities will occur as the property
and surrounding area are already developed and served by public facilities and
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services. The cost of any necessary utility extensions or upgrades will be borne
by the applicant.
C. Improvements. The improvements set forth at Chapter 26.580 shall be
provided for the proposed subdivision. These standards may be varied by
spedal review (See Chapter 26.430) if the following [omitted] conditions
are met:
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The proposed subdivision will comply with the improvements set forth in
Chapter 26.580. The improvements will also comply with the design standards
contained in said Chapter. In the event that any variances from the engineering
design standards become necessary due to unforeseen circumstances, special
review approval will then be sought.
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Permanent survey monuments, range points and lot pins have been
placed to the extent required. The surrounding streets are already paved and
adequate to support the proposed subdivision; there will be no roadways
internal to the subdivision. The alley is in adequate condition and needs not be
upgraded or otherwise improved.
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The Applicant will enter into a Subdivision Improvements Agreement
(SIA) with the City binding the subdivision to any conditions placed on the
development order. This will be done concurrently with the preparation and
recordation of the Final Subdivision Plat. All required elements of the SIA will
be provided for review by the Community Development Director, the City
Engineer, and the City Attorney.
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D. Affordable housing.
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Chapter 26.520, Resident Multi-Family Replacement Program, is not
applicable since no multi-family dwellings will be demolished. As explained in
the subsequent section of this application, the applicant will provide affordable
housing in compliance with the requirements of Chapter 26.470, Growth
Management Quota System.
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E. School land dedication.
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This section of the subdivision regulations requires the dedication of land
or the payment of an in-lieu fee for each new residential unit in a subdivision.
As the property in question contains only 6,118 square feet of land, the
dedication of land would not be appropriate and the payment of cash-in-lieu
represents a more fitting option. These payments are required to be made to the
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City prior to and on a proportional basis to the issuance of any building permits
for residential dwelling units.
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The Applicant agrees to make the required payments prior to and on a
proportional basis with the issuance of building permits for the project.
Payments will be based on the applicable formula in effect at the time of building
permit issuance for each residence.
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B. Growth Management Allotment
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Section 26.470.040(C)(6), Free-Market Residential Units within a Mixed-Use
Project.
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The development of new or expansion of existing free-market residential
units within a mixed-use project shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission based on the following criteria:
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a) Suffident growth management allotments are available to accommodate the
expansion, pursuant to Section 26.470.030.0, Annual Development
Allotments.
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The Applicant is seeking only one (1) free market residential allotment.
Thirty-seven such allotments are available per year, starting on March 1.
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b) The proposed development is consistent with the Aspen Area Community
Plan.
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This standard has already been addressed above in relation to the
Subdivision.
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c) Affordable housing equal to thirty (30) percent of the additional free-market
Floor Area is provided in a in a manner acceptable to the AspenjPitkin
County Housing Authority. Affordable housing shall be approved
pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted
to Category 4 rate as defined in the Aspen Pitkin County Housing
Authority Guidelines, as amended. An applicant may choose to pravide
mitigation units at a lower Category designation.
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The free market unit is 3,157sJ. plus 157 sJ. for the entry between the
ADD and the free market unit. Total square footage is 3,314 for the free
market unit. Therefore, 1,110 / 3,314 = 0.3349, the project includes a deed
restricted, category four unit with 1,110 square feet of floor area.
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d) The project represents minimal additional demand on public infrastructure
or such additional demand is mitigated through improvement proposed as
part of the project. Public infrastructure includes, but is not limited to,
water supply, sewage treatment, energy and communication utilities,
drainage control, fire and police protection, solid waste disposal, parking,
and road and transit services.
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The proposed dwelling units are located on top of the existing Ajax
Mountain Building and will have minimal impact upon the existing public
infrastructure, which includes, but is not limited to, water supply, sewage
treatment and communication utilities, drainage control, fire and police
protection, solid waste disposal, parking, roads and transit services.
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RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL)
FOR THE PROPERTY LOCATED AT 520 E. DURANT STREET, LOTSN-S, BLOCK
96, CITY AND TOWNSITE OF ASPEN, COLORADO
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RESOLUTION NO. 47, SERIES OF 2005
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PARCEL ID: 2737-182-22-006
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WHEREAS, the applicant, Aspen Mountain Associates, Stephen Marcus, represented by Jeffrey
Halferty Design, has requested Major Development (Conceptual) for the property located at 520
E. Durant Street, Lots N-S, Block 96, City and Townsite of Aspen, Colorado; and
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WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
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WHEREAS, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC
may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
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WHEREAS, Amy Guthrie, in her staff report dated December 14, 2005, performed an analysis
of the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met, and recommended approval; and
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WHEREAS, at their regular meeting on December 14, 2005, the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and "City of Aspen Historic Preservation Design Guidelines" and approved the
application by a vote of 4 to O.
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NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Major Development (Conceptual) for the property located at 520 E.
Durant Street, Lots N-S, Block 96, City and Townsite of Aspen, Colorado with the following
conditions:
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I. Restudy the height of the addition as it relates to the height of the existing building.
2. Pay special attention to the placement of rooftop mechanical equipment to conceal its
visibility, especially from surrounding public spaces.
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APPROVED BY THE COMMISSION at its regular meeting on the 14th day of December,
2005.
Approved as to Form:
David Hoefer, Assistant City Attorney
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Approved as to content:
HISTORIC PRESERV A nON COMMISSION
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Michael Hoffman, Vice-Chair
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ATTEST:
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Kathy Strickland, Chief Deputy Clerk
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215 S Monarch St. suite 202
Aspen, Colorado 81611
(970) 920-4535
(970) 925-6035 Fax
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12 January 2006
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520 East Durant Street- Major HPC Development (Final) and View Plane Exemption Review
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Response:
The purpose of this exercise was to prove that the historic view plane from the Cooper
Street Pier building would not be affect by the proposed development.
With constructed story poles representing the appropriate height corresponding
to the revised plans for the two proposed dwelling units located on top of the
Ajax Mountain Building. The tallest point of the proposed larger unit is 13'4" high
and for the affordable housing unit is at1 0' 0'.
After erecting the story poles on the roof level, we then set the tripod at 5'6" for common eye level.
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At the following locations for documentation:
Cooper Street Pier
Pitkin County Dry Goods.
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From these locations, the top of the erected story poles could not be seen and would not encroach
into the historic view plane. See photos attached.
For further clarification, we took additional pictures from the alley, roof and from
of the Ajax Mountain Building to demonstrate the proposed heights of the two dwelling
units. The story poles will remain in place until the 25 January 2006 HPC Review.
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Response to placement of mechanical equipment
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We are locating the new rooftop mechanical equipment near the existing mechanical
located behind an existing parapet wall.
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1108 NORFLEET DR
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191 REVER KNOLLS
AVON, CT 06001
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EMMY LOU BRANDT C/O
1440 E VALLEY RD 101
BASALT, CO 81621
ASPEN KOEPPEL LLC
211 MIDLAND AVE
BASALT, CO 81621
ASPEN SQUARE VENTURES LLP
C/O M & W PROPERTIES
205 S MILL ST STE 301A
ASPEN, CO 81611
BAKER HUGH LEE JR
555 E DURANT AVE STE 2K
ASPEN, CO 81611
BARGE RENE
408 31ST ST
NEWPORT BEACH, CA 92663
BERSCH TRUST
9642 YOAKUM DR
BEVERLY HILLS, CA 90210
BLACK HAWK ASPEN LLC
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2492 E TERRARIDGE DR
HIGHLANDS RANCH, CO 80126
ADAM P T
PO BOX 9066
ASPEN, CO 8,1612
ANDERSON ROBERT M & LOUISE E
1021 23RD ST
CHETEK, WI 54728
ASPEN GALENA LLC
C/O BROWN MICHAEL H
400W ONTARIO #1103
CHICAGO, IL 60601
ASPEN RETREAT LLC
6536 E GAINSBOROUGH
SCOTTSDALE, AZ. 85251
BACSANYI ERNEST A TRUST 50%
PO BOX 89
HIGGINS LAKE, MI 48627-0089
BARBATA ELENA ANDERSON 1/3
C/O CHARLES SKIPSEY
PO BOX 2045
RANCHO SANTE FE, CA 92067
BASTIL DEAN D
4460 CHEROKEE DR
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BICKERS EVERETT E
3320 OLD HILL RD
FLOYDS KNOBS, IN 47119
BONCZEK ROBERT R
POBOX 3854
CHAPEL HILL, NC 27515-3854
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6811 KENILWORTH AVE #400
RIVERDALE, MD 20737
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EVERGREEN, CO 80439-9646
CARAS STACY JOAN
PO BOX 266
PALOS VERDES ESTATES, CA 90274
CASEY NANAH B
555 E DURANT AVE STE 2K
ASPEN, CO 81611,
CHISHOLM REVOCABLE TRUST
1830 N BEAVER ST
FLAGSTAFF, A2. 86001
CLIFFORD MRS MARGARET JOAN
146 WILD TIGER RD
BOULDER, CO 80302
COLONY RAYMOND F TRUSTEE
COLONY ANITA MAE TRUSTEE
685 S LA POSADA CIR UNIT 2602
GREEN VALLEY, A2. 85614-5156
COOPER NORTH OF NELL
CONDOMINIUMS LLC
903 N 4YTH ST
ROGERS, AR 72756-9615
CRAFT LESTER R JR
2026 VETERAN AVE _
LOS ANGELES, CA 90025-6722
DIBRELL CHARLES G JR & FRANCES
24 ADLER CIR
GALVESTON, TX 77551-6828
DRUKER HENRY L
9 W 57TH ST STE 3420
NEW YORK, NY 10019-2701
BURGESS HUBERT & JO ANNE LIVING
TRUST
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DALLAS, TX 75254-2715
CARELLA RICHARD J & JOAN
555 E DURANT #31
ASPEN, CO 81611
CAVES KAREN WHEELER
1 BARRENGER CT
NEWPORT BEACH, CA 92660
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CMMM INVESTMENTS LLC
4937 HEARST ST #B
METAIRIE, LA 70001
COLORADO RESORT PROP GP
10218 ELLA LEE LN
HOUSTON, TX 77042
CORNELISSEN TOM
4753 N SHORE DR
MOUND, MN 65364-9607
DALY CAROL CENTER
155 LONE PINE RD C-11
ASPEN, CO 81611
DONOVAN CAROL SMITH
800 N MICHIGAN AVE #3603
CHICAGO, IL 60611
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8000 FORSYTH
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FLY MARIE N
7447 PEBBLE POINTE
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GERARDOT JANE M TRUSTEE
GERARDOT J REVOCABLE TRUST
5526 HOPKINTON DR
FORT WAYNE, IN 46804
GODBOLD EDMUND 0
524 COLONY DR
HARTSDALE, NY 10530
GREENWAY COMPANY INC
666 TRAVIS ST STE 100
SHREVEPORT, LA 71101
GROSSE EDWIN J & ADELINE M REV
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100 EAST BLEEKER
ASPEN, CO 81611
GUSSEL JOHN THOMAS
PO BOX 600
WISCONSIN DE~LS, WI 53965
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6614 LAKEVILLE RD
PET ALUMA, CA 94954-9256
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4410 TIMBERLINE DR SW
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DES MOINES, IA 50309
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979 QUEEN ST
ASPEN, CO 81611
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23655 TWO RIVERS RD
BASALT, CO 81621
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380 UNION ST
WEST SPRINGFIELD, MA 01089
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ASPEN, CO 81611
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5526 HOPKINTON DR
FORT WAYNE, IN 46804
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ASPEN, CO 81611
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617 E COOPER AVE #114
ASPEN, CO 81611
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7381 MOHANSIC DR
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ASPEN, CO 81612
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BASALT, CO 81621
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FRANKLIN PARK, IL 60131
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WESTON, FL 33331-3521
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RAMONA, CA 92065
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NEW YORK, NY 10022
MILLER MARK EDWARD & LISA
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3595 TUXEDO CT
ATLANTA, GA 30305
MOODY BRETT
6363 WOODWA Y #11 0
HOUSTON, TX.77057
NAYLOR IRVIN S
100 BOXWOOD LN
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1610 JOHNSON DR
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944 CASS ST #1002
Ili!';AN DIEGO, CA 92109-2041
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,.lOULDER, CO 80303
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RESNICK EDITH L TRUSTEE
2245 CAMEO LAKE CT
BLOOMFIELD HILLS, MI 48302-1605
ROCKY MOUNTAIN VENTURES LLC
4510 NE DE LA MAR PL
LEES SUMMIT, MO 64064
RONCHETTO LYNN A
320 E 42ND ST #101
NEW YORK, NY 10017
ROSS LUCIANNA G
33 PORTLAND PL
ST LOUIS, MO 63108
RUBENSTEIN ALAN B & CAROL S
57 OLDFIELD DR .
SHERBORN, MA 01770
S & S REALTY PARTNERS LLC
1040 FIFTH AVE #2C
NEW YORK, NY 10028
SALTON MARY
221 VALLEY RD
ITHACA, NY 14850
SCHMIDT RALPH N
536 N 7TH ST
GRAND JUNCTION, CO 81501
SEGUIN MICHAEL
PO BOX 1914
ASPEN, CO 81612
SODERLlNG RONALD E TRUSTEE
C/O RESCO
901 DOVE ST STE 270
NEWPORT BEACH, CA 92660-3038
RIEDEL JOYCE L TRUST
PO BOX 3006
EDWARDS, CO 81632-3006
RODGERS PORTER R JR & CAROL L
#12 COUNTRY CLUB CIR
SEARCY, AR 72143
ROSS BARBARA REVOCABLE TRUST
PO BOX 594
HANALEI, HI 96714
ROSS ROGER A REVOCABLE TRUST
POBOX 770487
STEAMBOAT SPRINGS, CO 80477
RUTHERFORD GROUP
5514 CALUMET AVE
LA JOLLA, CA 92037
S A CO INC
DAY WILLIAM A JR
10226 FIELDCREST DR
OMAHA, NE 68114
SANDIFER C WESTON JR & DICKSIE LEE
2836 WOOD DUCK DR
VIRGINIA BEACH, VA 23456
SEGUIN JEFF W & MADALYN B
POBOX 8852
ASPEN, CO 81612
SHAPIRO EUGENE B & MARLENE R
6301 E NAUMANN DR
PARADISE VALLEY, Al. 85253
SOPRIS VENTURES LLC
PO BOX 572
PAUMA VALLEY, CA 92061
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222 HEATHER VIEW DR
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TAYLOR JOHN C & MARIANNE E
0157 SAM GRANGE CT
CARBONDALE, CO 81623
TERMINELLO DENNIS J & KERRY L
656 RIDGEWAY
WHITE PLAINS, NY 10605-4323
UNCAPHER BILL
PO BOX 2127
LA JOLLA, CA 92038
VOLK PLAZA LLC
C/O FLEISHER COMPY
0326 'rfNY 133 ST 220
CARBONDALE, CO 81623
WALLING REBECCA
350 BLANCA AVE
TAMPA, FL 33606
WEIGAND FAMILY TRUST 23/100
150 N MARKET
WICHITA, KS 67202
WELLS RICHARD A & SUSAN T
PO BOX 4867
ASPEN, CO 81612
WHITMAN WAYNE & FRAN UND 1/2 INT
PO BOX 457
CLEARWATER, FL 33757-0457
WOLF FAMILY TRUST 12/23/1986
1221 MYRTLE AVE
SAN DIEGO, CA 92103
SVv'EARH-.(G-:... ,
163 PONe" <;= '-".
ATLANTA, GA 30308
TENNESSEE THREE
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NASHVILLE, TN 37224- ~~!"4
TOMKINS DOUGLAS S
CO ASPEN ART SUPPLY
520 E COOPER AVE
ASPEN, CO 81611
V M W TRUST OF 1991
301 N LAKE AVE STE 900
PASADENA, CA 91101
VOLK RICHARD W TRUSTEE
C/O RICHARD W VOLK MANAGER
2327 MIMOSA DR
HOUSTON, TX 77019
WARNKEN MARK G
1610 JOHNSON DR
STILLWATER, MN 55082
WEINGLASS LEONARD
PO BOX 11509
ASPEN, CO 81612
WELSCH SUSAN FLEET TRUST
10 UTE PLACE
ASPEN, CO 81611
WILSHIRE COMPANY
PO BOX 828
ORIND'" CA 94563
WOLF LAWRENCE G TRUSTEE
22750 WOODWARD AVE #204
FERNDALE, MI 48220
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I EDGEHILL RD
'~LL VALLEY, CA 94941
ZEFF ELEANOR E & ROBERT H
555 E DURANT AVE
ASPEN, CO 81611
ZENSEN ROGER
313 FRANCES THACKER
WILLIAMSBURG, VA 23185
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Prepared By:
RJW Builders, Inc.
215 S. Monarch Street, Suite G-I03
Aspen, Colorado 81611
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RJW BUILDERS, INc.
215 S. Monarch Street, Suite G-103
Aspen, Colorado 8161.1
PROJECT
LOFT AT AJAX
AJAX MOUNTAIN BUILDING
520 EAST DURANT
ASPEN, COLORADO
PROPOSED
CONSTRUCTION MANAGEMENT PLAN
1. Proiect TimiD!!, Vehicle Access aDd Sta!!iD!! Areas
A. The project is anticipated to begin on approximately June 1,2006 pending
final approvals and will take approximately 18 months to complete. With the City
of Aspen's approval, we would begin the initial site preparation prior to that date.
This additional time requested would be to construct the staging platform and
tower crane installation as detailed in the exhibits below.
B. There shall only be one (1) access point to the LOFT AT AJAX Project
("Project"). We will enter with all deliveries from Main Street onto Hunter Street,
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Ajax Mountain Building
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through Alley Block 96, and unload the deliveries to our elevated staging platform.
The delivery trucks will then exit onto Galena Street, turn right onto Durant Street,
turn right onto Aspen Street, and then turn left onto Main Street back down valley
as set forth on the attached plan labeled Exhibit "A."
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The staging area we would like to propose was favorably received by the
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Aspen Engineering Department in concept, but formal approvals will be required.
Our premise is to construct a temporary staging area at the height of the existing
building's parapet wall. This staging area would be constructed of structural steel
and would span over the width of Alley Block 96. This would enable all
surrounding businesses and their delivery trucks to have full access, as detailed
above, at all times of operation. A preliminary sketch detailing our staging structure
is attached and labeled Exhibit "B." Incorporated in conjunction with our staging
area would be the installation of a Tower Crane in the mall area of the Ajax
Mountain Building as detailed and attached and labeled Exhibit "C." This Tower
Crane Exhibit "D", would be capable of unloading site deliveries in the alley
quickly and efficiently. This would enable us to not encumber the alley's access for
other delivery trucks for other business owners. The Tower Crane would be free to
swing with the direction of the wind when not in use. In addition, the location we
have selected enables us to never lift a load over any other structures at any time.
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2.
Parkin!! and Deliveries Plan
2.1 Parking and Emergency Access Plan
A.
The subcontractor and employee parking area for the project shall be
designated to be at the Brush Creek Intercept Lot with employees shuttled to and
from the site. Parking permits will be purchased on an as needed basis for site
supervision and subcontractors. All emergency access areas will be monitored to
insure access. If allowed, parking permits may be purchased by RJW Builders, Inc.
for the sole use by this Project.
2.2 Delivery Plan
A.
Delivery of construction materials to the Project will be early morning to
avoid peak traffic periods. The exception to this will be scheduled concrete pours
which are time sensitive due to the composition of this material and the quantity of
concrete being poured. Such concrete pours shall be scheduled by RJW Builders,
Inc. ("Contractor").
B.
Without exception, all materials for the Project will be delivered via
access from Hunter Street through Alley Bock 96 and hoisted to our proposed
elevated staging area above the alley as set forth on Exhibit "B."
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C. A site traffic/delivery coordinator for the Project shall be designated by
the contractors and shall be responsible for monitoring delivery and subcontractor
compliance with this program. This includes heavy and oversize load coordination.
D. Construction activities for the entire Project will begin approximately
June 1,2006 and is anticipated to be completed in approximately eighteen months.
E.
Deliveries to the Project or material removed from the Project prior to
6:00 a.m. or after 7:00 p.m. are not allowed.
3.
Haul Routes and Traffic Control Measures
3.1 Haul Routes
A.
A map showing our proposed haul routes, which will have to be approved
by the City Engineer, is attached hereto as Exhibit "E."
3.2 Weight and Size Limitations
A.
The weight and size limitations of vehicles that will visit the project site
are four-axel concrete trucks weighing 80,000 lbs. when fully loaded.
3.3 Schedule of Deliveries
A.
The maximum number of delivery vehicles that will be on-site at the
Project at a time is (4) four. The hours per day of material delivery will be (13)
thirteen.
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3.4 Traffic Control Plan
A.
A Traffic Control Plan shall be developed by a certified Traffic Control
Supervisor and will be attached hereto as Exhibit "F" once approved.
4.
FU2itive Dust Control
A.
Daily hand sweeping with brooms and shovels along the Project entry
areas at Durant Street, Hunter Street, Galena Street and Alley Block 96 will be done
on large delivery daysnsuch as the delivery of concrete, steel, pre-cast, and trash
and material removal.
5.
Contractor Contact Persons
A.
A list of contact persons responsible for ensuring compliance with City
regulations, safety and the CMP is attached hereto as Exhibit "G."
6.
Construction Mana2ement
A.
RJW Builders, Inc. will be required to provide flagmen for work that
requires flagmen--such as deliveries, hauling material from the site, etc.
B.
The streets which are now in use and are within or adjacent to the Project
site will be kept open to vehicular and pedestrian traffic from the building frontage
thereon. We will maintain continual access for police, fire, and ambulance
service at all times. Emergency access during all construction activities of the
duration of the project shall be maintained. All necessary traffic control and
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permits for any type of road closure required to perform work at the Project site will
be provided. The Contractor will advise neighbors of closures in advance.
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C. All subcontractors will be required to work Monday through Saturday.
No deliveries will be before 6:00 a.m. unless prior approval is given by Contractor.
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All subcontractors will be required to comply with all applicable noise
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Ordinances.
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All construction equipment operations shall be scheduled to operate only
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We will locate fixed construction equipment, such as compressors and
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shroud or shield all impact tools, and muffle or shield all intakes and exhaust ports
on power construction equipment.
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