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HomeMy WebLinkAboutLand Use Case.520 E Durant Ave.0095.2005.ASLU Efe !;.dit &ecord Navlgate FQfIll Report,s Format lab l:!eIP ;;. . .j~ ~ . > . 41> ._ Routing .tjistory I ~OI'ld<<ions 1 Sub fermil; I Y: a1ualion Main I Royting Status I ArchJEng 1 Parcels 1 I ! Permit T ypejaslu ..::JAspenLand Use 2004 I Address 1520 E DURANT AVE citylASPEN , I PermillnformatiOO > I Master Permit !00452005.AHPC cd Routing Queue !aslu ----. Applied j1210212005 Project Statuslpending Apploved Description ADD ONE FREE MARKET 3-BEDROOM UNIT AND ONE AFFORDABLE HOUSING 2 Issued BEDROOM UNIT . I f'ubIic Comment I Customer Reguest 1 AUacb1 Custom Fjelds I Fe~ Fee S ummar~ e.~ Permit 1l10095.2005.ASLU .ill AptlSuitel StetelCO J Zip 181611 cd Submitted ~EFFRET HALFERTY 920-4535 VtsilIe on the web? Clock IRunning Permil ID: I DIlJI$ID 36559 Final Expires [1112712006 __ Lest NemelA.W< MOUNTAIN ASSOCI cd First Neme Phone [1970l925.7615 I" Owner Is Applicenl? PO BOX 1709 SPEN CO 81612 , Last Neme IAJAX MOUNTAIN ASSOCI First Neme IP9 _e..OX ! ?O~ .' . Erner the plojecl name VieW Record: 4 A'0\~' ,qt:J. V'u\J~ +0 OV\ ?/z!f/ob i ! puv:SU.Oyc-J 2-- qJ Refl1r'<?s 0 P 2CC6 ,..... /- " .,...... 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: I 530967 Page: I of 11/13/2006 11 :52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00 Subdivision Agreement 530967 Ajax Mountain Building ly Page 2 of B 1/13/2006 11:52 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 Subdivision Agreement 530967 Ajax Mountain Building Page: 3 of 8 Page 3 Of 8 1/13/ JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 02 0 11:5 000 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 Ajax Mountain Building 530967 Page 4 of 8 Page: 4 of 8 11/13/2006 11:52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00 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 Subdivision Agreement 530967 Ajax Mountain Building Page: 5 of 8 Page 5 of 8 11/13/2006 11:52 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] 530967 11y/13/2006 11 :52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00 6 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 11/13/2006 $11:52 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 ,tO0 OF COQ 531967 Page: 8 of a JgNICE K VOS CRUDILL PITKIN COUNTY CO 11/13/2006 11:52 R 41.00 D 0.00 C:My Documents\City Applications\Ajax Mtn Bldg\Subdivision Agreementl-LaCroix 8 ".".. '\ .......,. - 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 VIII d P221 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. -- -. ,. P222 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 2 , P223 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, 3 .-. ,-. P224 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. . 4 /' P225 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: 5 -- ""' P226 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 6 ,,' ~.. -~ P227 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 ~ """'- P228 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. -, - P229 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. .-, ~ P232 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: . ""-". ... P233 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 ,.,.<.-, " P235 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 7 -, .-.. P236 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. 8 ,.-, " P237 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. 9 """'" .- GAI'kJJ~ \"{. II P238 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. 2 r'- , 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. 3 ~ I'" . . 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 4 ,J A~Q~ MoJal'i/\ ~)d,'~ ~i?:t1 App - M;<:Jh rpuqlily Q pave}ob){i VI o lA5 1 \1\ 0') \ . , - VI ~ e5 f diM -e-1/15 J I!J 11q) V'~ 'tiu ; (wo(((~ - 2-"'6/ 000 pf P v"of'Ds<ed/ S ~ ODJ;eJ LA I/ow~ d ~ -e-'j C ~ 1\L"lfl1' i/'~ [,L{ ~ ill b _ r~'^tC1\ ;\H lAlA(~ ~ Plilb/;c Coft1VVt<l-iIl+S -Ai, ~J1~f - ti1.ufs c;j~ ,,~-ci/~rl'.I\':J) AI-! LA~;} .-~'- , _ VV\ if f'.aV'c"fl1r~~<{l -/-&0 /0 UJ .-- 'sf:. WV,'- Cq 3" - IV~S<G- /VtCOWl'<2- le-v-eJ (~pp, - hO Oa'i!pfiV1C6 or Co-J '5 l0ohOI/l ,w c..J- L/ Y-N II . )J fi1o~,a,~-fr>)1 Celt- .3 r~ #z{th 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, "-.... , ",., 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. ~r~- ~ 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 ~' ~ "....,. 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 #"" ...., I I I I I I l - ---- . 0 0 I I I I I Jam .and Smudge Free Printing 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 @om @A~3^" ~\ - www.avery.com 1-800-GO.AV'- '" - 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 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, A1I3^....09-008-. IlIn"'l'.(':::'''o'",,, ""1'1/1 - ~ AVERY@ 5160@ 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 @09.S ~!Jeqe6 al zas!I!m ""....""'... ""t:O..........""~... """ ....iR....................... ............_......... Jam. alld Smudg" fre" Printing Use Avery@TEMPLATE 5160@ 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 CO ,MES E & NANCY 32821"SURMONT LAFAYETTE, CA 94549 @09(5 @^~3^\1 ~ ..... www.avery.com 1,800-GO-AV' - 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 ^~3M'05l-008-( WO)'.AJaAe"MMM - ~ AVERV@ 5160@ 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 @09(S ~!JeqeD al zaswm aOldlH a6PII;'~C:; P,::Io ;aFipllnnnr'IID Ilnlcc.::..A..,. Jam and Smudge Free Printing Use Avery@TEMPLATE 5160@ 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 @09.S @^~3/\\f ~ - www.avery.com 1-S00-GO-AVEpv. - f' '....' DAMSCHRODER TIMOTHY R & ROBIN 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 AIl3^V-09"OOS-. 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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 @Og.s ~!'.q.ti al za5!1!~n ~P!deJ a6e4)~S Fl ~a a6eJJnoQ!lue uo!ssaJdWI Jam.and SiYtuclgi< Fr@@ Printing Use Avery@TEMPLATE 5160@ 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 @09LS @^~3^,d ~ -- www.avery.com 1-BOO-GO-AV' 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. 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NY 10017 ROSS LUCIANNA G 33 PORTLAND PL ST LOUIS, MO 63108 RUBENSTEIN ALAN B & CAROL S 57 OLDFIELD DR SHERBORN, MA 01770 @09lS weqe6 al zasmm ap!deJ a6e4)~s ~ ~a a6eJJnoq!~ue uo!ssaJdWI jam ~nd Smudge Free Printing Use Avery@ TEMPLATE 5160@ 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 -" 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 @09IS @AtjaJ\V ~ - www.avery.C(lm 1-800-GO-AVEP", - F' 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 A1I3^V-09-00B-I wO)'~,1a^e'MMM - - ~ AVERY@ 5160@ 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 <!I>09LS ~!Jeqe6 al zas!l!m ap!deJ a6e4)9S '1 ~a a6eJJnoq!~ue uo!ssaJdWI ------ ~..- ......""'...~.., .-,~ rlllrll"g' Usll Avery@TEMPLATE 5160@ 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 @09lS @^~3^,d I!.l , , .......... www.avery.com 1-S00-GO'AV . ~ AVERV@ 5160@ ?' 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 A~~^\1'09-008-l WO)'^.I~Me'MMM - @09lsweqe6 a) zas!I!Jn 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 -'. 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 .'......... 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 ~""" 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 ....'M.. 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 -..., 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 ~;;; ~Q Ileel 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. -- -(p~}':M~ '^~') ~ - OJ ~v ~ck) Co~ lV\ IgS ~~_. J~ ~ ~ \/ I A ~IJ\ :,:)u \,) !/' ,(fj ~ Ca. ~,.I kb.1 . u\ Alk., .fi~v jVI1Y',_' . '~JV~-fi2 +TC11 CC?~~ v~qjAl tf<e lM~V\, 5 fii~eJ,i 1\ \ fir - / 11\0 ;SSlA -Q 'IJ I C()iVlCJ' ~\'oV\S o ~ qff-'tQ Vi/l i Cf:/AOJ \ ~y Aq \A\i\J ~ R ~ ~ - 5hou--1 J ~o,ll< q~CJ~~ V l ~ 'vJ r 1 Q V\ -Q. pvace55 - (oJ~ . r~lPiV''€- fVI.4-1A ~s 1611' 00V!<.1 V\~ -Ie; RlAth P CAt) ,'e- CowUv{~LAJ 5 I . No pIA Iu i 'C- coU.-I iJ/ e v f s B('l~lI\_- P;1s Ctll'f ~If /~ ,- {Lk-L M,otl~ fJC1.Vl'C'i'!/)9 II J 0, Vy' / ()' '"' !i i - ;VI , {...--12 / r-e...e/ fj"O:)) ObLJ()!j'~ /- RVt~ -w 0?~~td c~;;;';JH/~_/ o,dJVXsS>?s . n () VI ." "'2) to&/' --Y ,""- .... 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 ~nQL< ",,"'~I::OAW ~ - www.avery.com 1-800-GO-AVERY - 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, A1I3^,\I'-09-008-~ ...__.T.___u..._. - 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www.avery.com 1-800-GO-AVERY - 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 A1I3^1t-O!>-oOS-~ - ~ AVERY@ S160@ BOURQUARD RICHARD E 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 @~9~S weqe6 al zas!l!~n Jam and Smudge Free Printing Use Avery@TEMPLATE S160@ 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 ""nQI.C JTh.l.~.::IAW ~ - 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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 @09~S weqe6 al zasmm ___....._ _ _e______ _ __ _~__ __ _ __.___ u_____ _J__ Jam and Smudge Free Printing Use Avery@TEMPLATE 5160@ 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 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 "",nQI C "". '-.I!!IA"'" t@\ - www.avery.com 1-800-GO-A VERY - 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. 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IlIn.....c:I~AD.A"""AA ~ AVERV@ 5160@ 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 @09L5 3l\1ldV1I31 @f.Ja^'f asn F;III"IIIII...I ;:r,::U.J ;:r,F;nnIIlC nllP IIIPr Impression antibourrage et it sechage ri. Utilisez 'Ie gabarit 5160@ RUBY RICHARD L TRUST 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 ",09L~ "".A,)'I:::iIAW ~ - www.avery.com 1.800-GO-AVERY - RUTHERFORD GROUP 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 AH3^\1-0:>-008- L ..._....~._~...u. ..... - ~ AVERY@ 5160@ RUTLEDGE REYNIE 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 (j)09LS 3lVldll\l3.l (j)^"oA'lf osn c........ . __.. _c..._..._ _.._ ..._. Impression antibourrage et a sechage r, ~ lJlilis~z I~ gabarit 5160@ 'TREUER CHRISTIN L 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 @09~S @AlISlAY ~ - wwwoaveryocom 1-800-GO-AVERY - UNCAPHER BILL 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 Alf3A 1f-09-008- ~ WOJoA.laAeoMMM - - ~ AVERY@ 5160@ V M W TRUST OF 1991 301 N LAKE AVE STE 900 PASADENA, CA 91101 VOLK RICHARD W TRUSTEE 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 @09~S 3lI1ldVll31@^,a^lfaSn 6UIIUIJA aaJ-I a60nwc OUI? wl?r '. e-vvu; led 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. ""-...... ., 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 /' / / ,',.'" ~'" 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 - I o . I I I . I I I I I , I I I I I I I I I 1/ I I . . / 0 cu 0) ~ "'>- c ~ .., lQ 000 00 0 <OC-' '" 0 00(0 (0(0 (0 "" f-= U CL 0 "" v.> 0 CL ~ U (0 OJ OJ <n MM M u.J 0 0 ~ ;:)1:: <D M O?O?- OJ OJ OJ -'OeD (Lv.> 0 ....c:l.....(/) OJf- N U-O CU :J)Wo.... 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Cl.r-....c: c: ~ CL'" ~= -0-0-0 <D .... 0 EEU+-'O (1)>.,(/).,..- === :LXv v.>LL to <0__''-'''- '<- :::J"'- CW "'" :::Jx<n u.J +-'+-' E 3:+-' 0 L;::)::: uuu <0 =XM -'v.> "'v.> 0 '" ~ W 0.. mmmo ~ XO <OCO I u",e ~ Q) C.r-...::.::::....c: C'")C"')("?-.:T 0- v.> = ~O ._~ W L........J:::;UO""(I') ~'" <OC <CI--X:::::C :::J WC)CJ")(l)O .0 omwo CL .o~ v.> CfJUXI-- -''-'- -aroa....o__ e +-'.~r.:f+_'CJ:(f) _NM :::>0 ~ !--tUX::J; -'CU LICl)COC: :::> Cf)3:U(/)CL:::J v.>f- :>- ><:::cx<C <OC"" O-::J..---''- = ... - - Application for the Ajax Mountain Lofts Planning and Zoning Committee G.M.Q.S & Subdivision ... - ... - 01 March 2006 "'" .. "'" Applicant: Stephen Marcus Ajax Mountain Associates LLC PO BOX 1709 Aspen, CO.81611 .. "'" .. "'" .. Location: Ajax Mountain Building 520 East Durant Street Aspen, CO. 81611 "'" ... "'" ... "" Zone District: Commercial Core ... "" Proposal for the Ajax Mountain Lofts located at 520 East Durant Street, Aspen, Colorado. Proposed are two dwellings located above the Ajax Mountain Building. "" .. ... ... .. "" 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 ... "" ... "" ... "" ... "" ... - 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 ';''' - - - - - James Lindt Senior Planner City of Aspenl Community Development 130 South Galena Street Aspen, Colorado. 81611 - - - Mr. J. Lindt, - - 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. - Thanks for your time, - - Jeffrey Halferty - - FEES DUE: $ General Information ,,,,.,, Please check the appropriate boxes below and submit this page along with your application. This information will YES NO ,- ~, ~ - - o - - o - B I o - - - o - o - help us review your plans and, if necessary, coordinate with other agencies that may be involved o Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? ;gi 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? \/ ~ i 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.) )i If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? - 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 ~, - - - - - ---::--:'2~~.:::.::.:._:.:.....:~~::.::.:..___-,,-.... ! I ,~03-'--11 CV) ~, Iii.! ~ - ! ,r ~ ~ Ii ~ co Ii II fi it Ii jI II ~. ,.,.., - - - - - - - - - - "' w ~ " u " o - "' ~ 11) v,':' <( ~ ~ z u ~ _ 0: 6 " ,,~ .... ~ c:r ~ Z 0' W :J w 0- o ~!:: III ~ J- x 0 l/) 0 u >< ~..: :; Q 0 ~ < U a ~ - - - - .- ,.-..,. .~ C' - .',-'- .~;l~.~:~~-~ - - -. ,"') Q ~ , ( '- \ (J' f-; J1J lis ~ :::J ~ .C; ___ r-' J)~ :J__ a-f '2 -r-~ .-:7 .g .- ~:J ~--::1- s:2 ; ::2::' di · CJJIJ -T!U . -/: .- Pi " ..2. ,S.=o, t}='::':' - 5~~ ;.., ~ gi~ t ~ C~l ~. ~ ,~~ --....... ~~ =<I~ oJ o o o ru I. 0" ru ['- 0,: oJ' rn o ... ru o ..... ':,.' . ",,,,,, UN''l"....-, , , ~-- . -..,-~~"---:;~ , .. ! - ' jl' IL~,,' II"'" 11,..- II"~ ,- ,M'" - - - - - - - - - - - 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 ....,"' .... - .... - .... - - - - .... z ..... - - - :::: ... - - ffi ;>- - ..... ~ .... "'" - ~ - - 0- cr Si ...... - ~~ cn~ - ,,~ co.... - cnilr ~t!: - ... ... - 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 ...l f.'" "'11 ",.. 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 -4 U.t..., ~....~ 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 ) s. ) 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)_( . ... --.'- Land Use Application . THE CITY OF ASPEN PROJECT: , 11-\t> \ or-n;. 7:fO t:-. -At; De,(\ (;0 ;%1611: (Indicate street address, lot & block number or metes and bounds description of property) ,') 7 '7, 7 ! /', '7 ') '"" () /'l (/;? (REQUIRED) ,.;... '/ " Y'.:- C/ y . V y , , /:- ,p-,J;.. X I ! \,!' ! "', l' -L L!lrN, , . .... 1.-('; , "i? \ ..,.-. !"'; I ",", d1') A)if..Jcq I_</.{ ,,;- /" -r7' "vi/ '7! y u t '7 \" 'i ~""> \ p:,,-j'L:<-- ...' ~ {.(.i Name: Location: Parcel ID # ....... Il\O'" APPLICANT: Name: Y I t "4 ;,,-.1.\, ~ .-'-L.... ,\ t. ~ 11.;; t~ /;'v t ~,I/ \ / ( . , {"'c... I Lc-,<:: 0f'/' J,.L",,;::-. ,. < ...-' _.' i> '/ ..,r......., '---""~' ,I /' rv''.../ .. r-'ri/i r ~" J,r.":- Address: 1-) ,/{j r. i IJ r +'-" ;., Phone #: 17(J 125 --(&?!"S Faxi 110: qr;:....?- '){;a /~ E-mail: / ,..." - - REPRESENTATIVE: - Name: __ ~. ?"l:>rZ".J \-t~'._.,:<(,-r'-:'-\'/ 'I,. 'i. r ~ \ Address: ('/ l(), (" q \ ',' (; rl~r--~~ . ~ ~./ / I(}"'fn"'-"~^ d,.y~ I('J'I")\"'~'- /;h~h'-: Phone#:!;:vIJ'//.J- ,"/'/./ Fax#:i-i L ,'il,j-i/://:..> / . ,/ ,/ TYPE OF APPLICATION: lease check all that a ..., .....,.-. _./C..-' ,/ ,/ - - E-mail: , ~ /r? /'.:::;, ! ,'11 ('- /'j. , ....~"-" -./ :../1 . "/; :-/ r-. - ',/ r- i,.. ," _/ """~J, "7""" 2/ . _/1 i ;,.' - - - D D D ~ D D D Historic Designation Certificate of No Negative Effect Certificate of Appropriateness -Minor Historic Development -Major Historic Development -Conceptual Historic Development -Final Historic Development -Substantial Amendment D D D Relocation (temporary, on or off-site) Demolition (total demolition) Historic Landmark Lot Split - - - ,.. - - - \ 1/ "' -""1 ' t! (I \ f"'~"'- [, . ~ '/<-.- - - s, uses, modifications, etc. - /:._r I " .".,. - .~- .~ "-, /' " , '. , , .. ,-';',;.\ ....' , , -~~,.....;- ,'1 ? i~'~ ; _ I. ,J,.: "", rlV'ft\i', lj\j:._'. I :.,h./L V-;' F" J. . ~ "-'Z,""' ::'.....r;tt' . , 'I ~ - er" i<\' Ii / f I ~ r-./'I ..--- - - 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'-{, ,I (hereinafter, THE PROJECT). 'I'~' 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.... ,1I'Il1 - 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. - - - - - - 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. - - - 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 $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. and in no case will building pennits be issued until all costs associated with case processing have been paid. - - - - - By: Chris Bendon Community Development Director By: APPLICANT A.:rA)( l'-\"'T. p.,$.SGt. At~ J(1~~ i,,~ \ '2...'? \O.s- - CITY OF ASPEN Date: - - Mailing Address: - ~.6. ~o><- ~ 10'1 ~~~.Cc-_ S(IO~-L - - - g:\support\forms\agrpayas.doc 1/10/01 - ATTACHMENT 1 CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY '1ft" 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. "... ..... 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. - - 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. - .... - 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. - .... - - - 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. - - .... - The current complete fee schedule for land use applications is listed on the next page. .... - - - .... - - - - - - ASPEN COMMUNITY DEVELOPMENT 2005 LAND USE APPLICATION FEES I"." '1"'1., CATEGORY 'II~-"" 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 - ... - - - - - - - Referral Fees - Environmental Health Major - - - Referral Fees - Housing Major Minor - - Referral Fees - City Engineer Major Minor - - - !IllIl'II Hourly Rate - - - - - - - - - - - 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 h' Project: Applicant: Project Location: Zone District: Lot Size: Lot Area: I''"' ,.. .~ - ... - Dimensional Requirements Form (Item #10 on tbe snbmittal reqnirementskey. Not necessary for all projects.) kJAY...- _ \ !'::,YYT-vc A '5 J/J E--l ~?/ I nO x: ! ;)0 14!oo IJ ;a v-r (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.) /i' ' l\o't/nt'L\,,\.\\ ~l\\ j~""c.f".-h/ I fT'; !l [) , ) r' i r..-!'- JI I, r:. \i 0-,,/\: n\ r a '<" '~ ' /i. -" v '\ !./!:, .d-~_,,~-:< l r) .r, I. , I ~, - Commercial net leasable: Number of residential units: Number of bedrooms: Proposed: Proposed: Proposed: ;"i ~ ~. ~ .- ...--, - E " JJ /"r-:'(1\ x/sting: ':J ,JV ~' Existing: I Existing: <.,. (1 - 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: - - - - - - - % Open Space: _ Front Setback: - - Rear Setback: Combined Front/Rear: - Indicate N, S. E. w:.,: - Side Setback: vi - Side Setback: ;...._~ ~ - Combined Sides: - Distance between - buildings: - I U~I '?h 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 " ; ,-" i ~r' "~ (- ,. Existing: ;:~ c' < Required: Proposed: . '-~ ~. ,~ -t_ - .....,~, Existing: 16./ Required: 0 Proposed: Se,. I Existing: L"'1 Required: '" Proposed: " "" U t..J .~ Existing: /"'; Required: ,'-j Proposed: rl '''''' '-' Existing: 0 Required: () Proposed: V () , Existing: 0 Required: Proposed: r,_;' ,,!,, I'..' Existing: ~ Required: ...-'0 Proposed: C) , , " -~". Existing: N A Required: 1'\ /\ Proposed: I' T, \ ,~ ,\J IJ-.:;.... . 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): - - - - 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. '10'" DESCRIPTION: - .,- ,,- ,- ,- 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. ,.. - ,... - 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. - - 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 - - - - - - - - Review by: - - - - - - Public Heming: Plmming Fces: - Referral Fees: - Total Deposit: -. - 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. iii'. - .... - .... - .... - - - - .... - ri''' - - - - 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. - - - .... - """.. - '11111 ... ...' - ..... - - - - ... - - - - .., - - - .., - ,... - ... - - - ... - ... - - - 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 ~ I I ,... I / , c' \(.. vlel NITY t..fAP ",,,' I ,,~':';"/'~~'i....""""^'-U" ..... ...........'" ......~'..J &.. ""... ,'" "... PHONe" (970) &2D~170 fAX. igl0192!).S~?:. _.pifkin."enOf.org TAXAMOUNT , CITY Of ASPEN ! ASPEN FIRE PROTECTION I i ASPEN SANITATION OISTRICT, I ASPEN SCHOOL OISTRICT ,,'I :::._- '.>111 en.OSl :11.237 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 $14,626.12 S2,258,15 SI6,987.94 SO.OO ,;,"" ".- 'III~. AJAA MOUNTAIN ASSOCIATES LLC _520 E OURANT ST /207 ~EN, CO 81611 - 'H~r "m,~~, ~I' o.n~ "~"'~lf' m ,) llil:lll B;~i' TAX NOTfC-E ROOO679 Make checks payabl9 tl1: PITKIN COUNTY TREASURER Posl-daled CheCks are nol acce~tec. If your real (1'101 pel'!onal) property tax~s w;!i be paici by yo'Jf mor1gagt co'TIpany.pIe65e.do ;101 cupliCiil~e P<lY:Tll,'nt If you t'~ve sold this prc~ny. pl~ase fOIWr;rd this statement 10 lhe new oVv'l'ler or rE!luff'l it 10 tt",is office ~ar!(c1 .P'opert}' sold- (aM incluc3e fhe name arid address if. r.-,~ new owner if known) RETAIN TOP PORT,ON FOR YCUR ~ECORDS. 'HII# ""'- I'''~ P~=:A5E SEE REVERSE SIDE OF "H!S ~ORM ~OR ADDITIONAL INFORMATION, ... .~ - .",1.'.;;1 ~.i ~ou~ :.;,';l:f,IF~~'.,:...;;, '.',~...",':.,. "."'~U~,' H"'U'" ..rnr~ ""~' 9"'.'~S '~Ii !l J:,,'-'....'rj!t,.e.t~L~i( U ..U~ ~ - - IIIII~~~ ~~111111111111111111Ii111111111111111111111l11 &n Oil' (Kl;:>:llll '~~~:~~~1~i;1 -JlA-YMENl5 -MttS-i -&E-iN-U.-$.-OOl;.V\ftS, DRAWN ON A U.S. BANK, lMAMO\;Nr $68,481.36 - AJAA IllIUNTAIN ASSOCIATES LLC _520 E OURANT ST 1207 ASPEN, CO 81611 ~~!fiE. '..... - ;=: Chl!Cic this. boll. for chanll8' of .ddrn~ IInd complel. back. cf form. - 'I'iOGo'li.:"'r' R000679 - - P~U"~ ,,~f tt"iM '~"'~~C',""~"'" ''-;\'''''.''YO'.'II'Hn~ ;iN~'1i ..tC,~. ~"J,\~ ~{~u~. I,.:~ roo.... ~i(;:..'.:."~tJ - - I im~I~1 ~Iillljllllilllllllllllllllllllilllllllllllll~ - AJAA MOlmTAIN ASSOCIATES LlC PO 6520 E OURANT ST 1207 ASPEN, CO 81611 - I:li!l:f~'f"lhIJl"IZI.2lIO! ',",,~r......v~,,> 0 $fill,'81.J6 - '" Ou(e~:~~~~:~ 0 $136,962.72 - - 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 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. ,IP ~. - - - - 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. - - - - l!l'''~ 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 development. 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 Title. "". - 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 spedal review (See Chapter 26.430) if the following [omitted] conditions are met: n'" 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) Suffident 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 pravide mitigation units at a lower Category designation. - - - - - - 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. - - .. .. - ,. 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. ~ I~I' I 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. ,.... .IIlH' ,... '" ... ... ... - - - - - - - - - - .. - .. - .. ... - .. .. - .. - Feb 28 06 12:07p Rod Dyer 9709255689 p.2 ~--------------------- L I ~, I"-'!I - I".. 1;1 f .....,. ,I'~> 11111" IiII~i i 'l ~ ~Iff R B ~ II'" G C8J ,11'1 ..... II 0)> ~O )>c (J\U\ mJ;) II C )> .;::iU -m o .., " 4 ~ '>;' .... ; ... - .. :s i B - Ii II ~ \J ~ - I ... :l2'-&!!' 150...0- - I .oj, ... ... II II !i il II l~ ... - ... - 6'<>' i~ I i ~ 21 ~i ~I i ~ n 0 . - - - - - ... - ~. Feb 28 06 12:07p Rod Dyer - 9709255689 p.1 - 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 Itll "o-.lO RESOLUTION NO. 47, SERIES OF 2005 lun PARCEL ID: 2737-182-22-006 ';" .liI- 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, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and .. - - - WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.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 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 (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 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. .. .. .. - .. - - APPROVED BY THE COMMISSION at its regular meeting on the 14th day of December, 2005. Approved as to Form: David Hoefer, Assistant City Attorney fll'" - Approved as to content: HISTORIC PRESERV A nON COMMISSION .,. ... ... Michael Hoffman, Vice-Chair - .. ATTEST: - - Kathy Strickland, Chief Deputy Clerk - - .. .' - .. ... .. ow .. - .. - . .. - .. .. .. - j e h f f a d e r e f e S I y r 9 t n y -,." 215 S Monarch St. suite 202 Aspen, Colorado 81611 (970) 920-4535 (970) 925-6035 Fax "~ !'IM '1_ I'I. 12 January 2006 - 520 East Durant Street- Major HPC Development (Final) and View Plane Exemption Review ,- .. 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. - ... - - - At the following locations for documentation: Cooper Street Pier Pitkin County Dry Goods. - - 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. ... - - - Response to placement of mechanical equipment - We are locating the new rooftop mechanical equipment near the existing mechanical located behind an existing parapet wall. - - ... - - ... - - . - ... ... I '. II . I I I I g I o I . I I I I I ~ I [I I I :, !. I I I I o I I I I I I I ~ I I I I I I I I I I I I I I I I I I I I I I . '4 I I I I 'I I I I ,I I I I :, I, I I I I I I 'I I I I I ,I II I 'I I I I 'I I 'I I I I I I .1 I - " ".. - .... .... """~ - - .. .. ... ... ... -........ _..+' ----- - ... ... - - ~ N ---'- -~ - - .. .. .. , C,._ .. .. ,', ~,---_. .. .. .. .. ... .. - ".~ P.12 HUNTER LLC 50% , /0 CAROLYN A BARABE ~90 CASTLE CREEK DR ~ 2SPEN, CO 81611 ~ ~'3RUSA LISA ANN " '.425 W 23RD ST#15-E ,,~EWYORK, NY 10011 "f! "~~REP ASPEN SQUARE 406 LLC '- PO BOX 1546 '~SPEN, CO 81612 "~ "I:..SPEN GROVE ASSOCIATES LLP "'Iii '- 205 S MILL ST STE 301A .~ASPEN, CO 81611-2948 ;...tI -I '~ASPEN SKIING COMPANY LLC I PO BOX 1248 '~ASPEN, CO 81612 .~ J T:BAISCH BARBARA D .' "- PO BOX 2127 -{:! LA JOLLA, CA 92038 {'! ..r! BARBATA LAURA ANDERSON 1/3 .:.".e C/O JUDY NORMAN "1.4 2040 FRANKLIN ST #507 I--=' SAN FRANSISCO, CA 94109 !"! ~"r: BECKER EQUITIES LLC " 50 S JONES BLVD #1 00 ~ LAS VEGAS, NV 89107 ",'" ,.. BIDWELL BERT INVESTMENT ...... CORPORATION l.....a PO BOX 567 _ ASPEN, CO 81612 ..... 3::! BOOGIES BUILDING OF ASPEN LLC 4 c/o LEONARD WEINGLASS ____ 534 E COOPER AVE .:r.:; ASPEN, CO 81611 ~ l_ 4 SKIERS LP 1108 NORFLEET DR NASHVILLE, TN 37220 ALLEN ROBERTA 191 REVER KNOLLS 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 BERSCH TRUST 9642 YOAKUM DR BEVERLY HILLS, CA 90210 BLACK HAWK ASPEN LLC ROECLlFFE COTTAGE JOE MOORES LN WOODHOUSE EAVES LEICESTERSHIRE LE128TF ENGLAND, BOURQUARD RICHARD E 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 , BR00KFIELD, WI 53045 BICKERS EVERETT E 3320 OLD HILL RD FLOYDS KNOBS, IN 47119 BONCZEK ROBERT R POBOX 3854 CHAPEL HILL, NC 27515-3854 BRADEN PAMELA 6811 KENILWORTH AVE #400 RIVERDALE, MD 20737 .1 . .....BRADLEY MARK A ......PO BOX 1938 .BASALT, CO 81621 1 , 'Hi> CALGI RAYMOND D & ANNE A ......134 TEWKESBURY RD , "SCARSDALE, NY 10683 '. ,~ . CARRIAGE GROUP ASPEN LLC " 124 RIGHTERS MILLRD "tGLAOWYNE, PA 19036 " . " 1 CHERAMIE CAPITAL HOLDINGS LLC " .21/22 , 143 CHERAMIE LN .. GOLDEN MEADOW, LA 70367 "'l "~,a CLEMENT FAMILY TRUST ... CLEMENT KENNETH L & CHRISTINE D TRUSTEES ...) PO BOX 709 . BIG BAR, CA 96010 eo> . ::a COASTAL MTN PROPERTIES LLC .... 2639 MC CORMICK DR ." CLEARWATER, FL 33769 .. .') _.... COOBAC DEAN P TRUST #1 26% ".. 4468 JUNIPER DR '* KEWADIN, MI 49648 J ... ..~ COX JAMES E & NANCY _, 3284 SURMONT .. LAFAYETTE, CA 94649 -. " ..;;. DALY THOMAS J & JUDITH J -.. 1690 HOMESTAKE DR ~ ASPEN, CO 81611 . ... DRAKE NANCY W ta C/O GLAUBER MAN .. 9 E 40TH ST - 7TH FLOOR ...~ NEW YORK, NY 10016-0402 . ~ .' ~ 13 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, 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 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 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 DURWARD SUSAN & QUENTIN 702 E SAWGRASS TR DAKOTA DUNES, SD 57049 .... . ECCHYMOSIS LLC "~5639 CORSO DE NAPOLI .. LONG BEACH, CA 90803 1 ;r'l' ..... ESPOSITO VINCENT A & JANET M . 1 TRUSTEES '" 6276 VIA CANADA .. RANCHO PALOS VERDES, CA 90275 ?t ..., FITZGERALD FAMILY PARTNERSHIP LTD .... C/O PITKIN COUNTY DRY GOODS LLC 520 E COOPER .lit ASPEN, CO 81611 ... , GABER MAN RICHARD M & PAVA t JEREMY TRUSTEE - 380 UNION ST STE 300 ,. .. WEST SPRINGFIELD, MA 01089 "', .. _ GLUCK CAROLE E ~ 176 E 71ST ST toO NEW YORK, NY 10021 .. .... ..... GRAND ASPEN LODGING LLC ;;t' 1000 S MILL ST ,ASPEN, CO 81611-3800 - .. , _ GRENKO PROPERTIES L TD .... PO BOX 1120 .., CARBONDALE, CO 81623 ... .. .. GUILBEAU CAPITAL HOLDINGS LLC .." 151 CHERAMIE LN ~ GOLDEN MEADOW, LA 70357 - .) .. HEMP SUZANNE H & MARLY P JR .. TRUSTEES '!lL. FOR THE SUZANNE HEMP LIVING "'9 TRUST . 15470 POMONA RD ~ BROOKFIELD, WI 53005 ... "" HUGHES CONSTANC::: L - 5580 LAJOLLA BLVD #511 ..,) LAJOLLA, CA 92037 , i - IJIll ELLERON CHEMICALS CORP 720 NORTH POST RD #230 HOUSTON, TX 77024 EW PROPERTIES LLC C/O B MASON TIAA-CREF 8000 FORSYTH ST LOUIS, MO 63105 FLY MARIE N 7447 PEBBLE POINTE W BLOOMFIELD, MI 48322 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 TRUST 100 EAST BLEEKER ASPEN, CO 81611 GUSSEL JOHN THOMAS PO BOX 600 WISCONSIN DE~LS, WI 53965 HENDRICKS SIDNEY J HENDRICKS YOLANDE EVER HARD 6614 LAKEVILLE RD PET ALUMA, CA 94954-9256 HUNKE CARLTON J LVG TRST 4410 TIMBERLINE DR SW FARGO, ND 58103 ERIKSEN STEIN FAMILY PARNERSHIP LLLP PO BOX 2729 PARK CITY, UT 84060 FEHR EDITH B REVOCABLE TRUST PO BOX 5848 SNOWMASS VILLAGE, CO 81615 FRAZIER FAMILY DEC TRUST C/O JAMES FRAZIER 624 E BLACKWELL AVE BLACKWELL, OK 74631 GILBERT GARY 1556 ROYAL BLVD GLENDALE, CA 91207 GOODWIN WILLIAM 418 6TH AVE STE 1200 DES MOINES, IA 50309 GREGG LELAND JOHN 979 QUEEN ST ASPEN, CO 81611 GUIDO SWISS INN LTD PARTNERS 23655 TWO RIVERS RD BASALT, CO 81621 HAROLD GRINSPOON CHILDRENS FAMILYTRST 380 UNION ST WEST SPRINGFIELD, MA 01089 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 .... ~, HURWIN DUFFY & RON REVOCABLE ,.rfTRUST 558 TONAYA DR '..TIBURON, CA 94920 ,~ . :"JACOBS NORMAN J & JERI R TRUSTEES - 990 GROVE ST ....EVANSTON, IL 60201 ~ ,,' JFG LIMITED PARTNERSHIP ..., A COLORADO LIMITED PARTNERSHIP .. 44125 E HWY 82 ,. ASPEN, CO 81611 -J :1' KIRSCHENBAUM DAVID TRSTE t NORTH OF NELL CONDOS ~ 555 E DURANT AVE ...., ASPEN, CO 81611 "", ~ KOPP ROBERT LEIGH FAMILY TRUST ..., 50% 34425 I-WVY 82 "It ASPEN CO 81611 4 _t ..... KUHN ERIC H :::if' 1020 15TH ST #39E . DENVER, CO 80202 -, .. -. __ KUYFAR & CO "9 604 LIBERTY ST UNIT 311 .., PELLA, IA 50219-1777 ... .. LCT LP ... TENNESSEE LIMITED PARTNERSHIP PO BOX 101444 :II NASHVILLE, TN 37224-1444 _t .- ... MAIERSPERGER RENELL ;J 2 CHADDWYCK LN =- CHADDSFORD, PA 19317-9432 ., .. ..... MAVROVIC ERNA ~ 530 E 72ND ST APT 15-C ~ NEW YORK, NY 10021 :Is . _. " HYMAN BARBARA TRUST 150 BRADLEY PL #405 PALM BEACH, FL 33480 JALILI MAHIR PO BOX4150 ASPEN, CO 81612 K L 77 CO INVESTMENTS LP 8807 W SAM HOUSTON P'rWVY 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 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 MARCUS DURANT GALENA LLC C/O STEPHEN J MARCUS PO BOX 1709 ASPEN, CO 81612 MCGARRY ALEJANDRAANDERSON 1/3 C/O MARY DIANE ANDERSON PO BOX 1959 ASPEN, CO 81612 INDEPENDENCE PARTNERS C/O M & W PROPERTIES 205 S MILL ST #301A ASPEN, CO 81611 JENNE LLP C/O PERRY & CO PC PO BOX 1790 BELLAIRE, TX 77402-1790 KEENAN MICHAEL & NOLA 265 S FEDERAL I-WVY #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 KUTINSKY BRIAN 7381 MOHANSIC DR BLOOMFIELD HILLS, MI 48301 LARSON KARL G & M MADELEINE PO BOX 8207 ASPEN, CO 81612 LITTLE NELL HOTEL ASPEN SKIING CO 675 E DURANT ASPEN, CO 81611 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, ~ -. .. ~MCQUOWN ENTERPRISES LP , ::1'19330 CARRIGER RD ..SONOMA, CA 95476 '... .., .,..MJM AMENDED & RESTATED TRUST .~1776 SLANE ,NORTHBROOK, IL 60062 .- 4 ", MORRIS ROBERT P ~600 E HOPKINS AVE STE 304 ....ASPEN, CO 81611 "'" ,r,ft .. 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VARADY LOTHAR M & CHERYL G . \#5036 MAUNALANI CIR ~HONOLULU, HI 96816 .". .... .... WALLEN-OSTERAA REV LIVING TRUST ~36 OCEAN VISTA _tNEWPORT BEACH, CA 92660 ... - . _' WAVO PROPERTIES LP ~443 SW SIXTH ST ,DES MOINES, IA 50309 "" "" - WELLS KATHERINE G -t33 PORTLAND PL "ST LOUIS, MO 63108 -' ~ . WEST ULLA CHRISTINA 'h042 TOLKIEN LN t; LAKE OSWEGO, OR 97034 ., 1tt . WINE RICHARD A lIIlIt65 E INDIA ROW#29D ...-BOSTON, MA 02110 ~ -' "'" STUDENT ISAAC & Ni..\.;i In'....' ....,.... "... ....-. --,. .-- , ....,...........,,,...."'. A!'>P"N. CO 81612 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 PO 80X ~c~~.~ ~ 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 .~ I .'I<FF DANIELA 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 :.'1 ',"" I .1'. .~ '1Il1 ,. ... ~. . ," '.. t ," ," ,. '. J , '..'. .. I ... '. ,.. ," ". \. ". ,. ,. ,. '1Il ,. .. .. .. .. - " ~, Loft at Ajax Mountain ...",~, .~ f"~1 .... ". ... ... 520 East Durant Street Aspen, Colorado - ..'... - - - ... Construction Management Plan - .... ... - - - .. - I - .. .J Prepared By: RJW Builders, Inc. 215 S. Monarch Street, Suite G-I03 Aspen, Colorado 81611 .. i .. .. , lIIIi j j .,., or It" ~, r .. r - r .. r - r .. . .. . ,. i r i . c ~ "'" i. /fill ~ ,.. li- i . ~ 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, 1 Ajax Mountain Building . '." 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." 't' T ,. 'f f.." C. The staging area we would like to propose was favorably received by the T 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. ~I'" T - T - T - I' - T - I' .~ .. - I' - I' - 'I' - 'I - 'I 2 - Ajax Mountain Building 'I ~ ",' If' ,I(" If' 11'1"" . - . >1"'" .. - .. - .. - .. - r - . - .. - . - . - . - . - . 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." 3 Ajax Mountain Building ,.Ift" " .... .. ;.. ... '.. ... ,lO",' ... <fIi"'" .. .. .. .. .. - ... - ... .. .. .. .. .. .. .. .. - .. .. .. 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. 4 Ajax Mountain Building . j''' Iii .'1'" ~.'l 'f" ,....,' ... ... r - r .... r '.- ... - ... - r ... r ... . - . - . ... . ... . ... . ... . 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 5 Ajax Mountain Building - .. '" 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. Of( "' 'W 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. ., 'ft It,,. D. All subcontractors will be required to comply with all applicable noise ... control regulations, including all City of Aspen and Pitkin County Noise Abatement Ordinances. ... ... ..".. y E. All construction equipment operations shall be scheduled to operate only ~ ... between 6:00 a.m. and 7:00 p.m., Monday through Saturday. '"". F. We will locate fixed construction equipment, such as compressors and ... - generators, as far as feasibly possible from sensitive receptors. Also, we will shroud or shield all impact tools, and muffle or shield all intakes and exhaust ports on power construction equipment. - 'I' ... - 'I' . .. - .. - .. - I' - I' 6 - Ajax Mountain Building W' . . LOFT AT AJAX .... CONSTRUCTION MANAGEMENT PLAN .' 'r Exhibit "A" '.. 'It' Delivery Access u. r .... r - -- : . ,,~'icf ,n : ,~ I ~t' ~ '~!II As.... ,~, ","" , r - 14 r - .. .. 'Ii ,- J "- l! , ". E~.q.. ",,,... ~ - ",' I I '," . It .,,, r r - "'~.rt~t E 000: 'a. ~~~,~.' .. J .. " liS f ., I ""'" I if ..~... '~ - . . ~St .;.. ~ -l C:> .. is 1 8> co E~"... Eo.-,. . !II W""".".. IS""... ~St . . . '" .", , .. fit! Q~ . " oS> _ c.. . - .. '" .. - .. - ". " "'" 0. VI' "',~BI . - . - . - . - .. - .. - . - .. - .. ,. .. ,. .. ,. .. - .. ,. . - . if) ........1 10. ~4 \(0 ~ ~ Vl C', ~~ ~ <::::--c \'. "'i ~ (D ~~ \N~ --..... ' ~ ~~ '- ~ t\1 o c:. (0 If)~ ~~ ~4 Cr\ '~3 ~ "-. ~ ". $. 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I 1.75ml Et ~ ~ ~~ i I a 2.51 21 fJ i ...... . .. ...,---; 36m i i ----, , 1\ ' I . ! . -=: "'I ,. i 31.2m LOFT AT AJAX CONSTRUCTION MANAGEMENT PLAN Exhibit "D" Tower Crane Details ( E: FE~ .j(j'-A~ LOFT AT AJAX CONSTRUCTION MANAGEMENT PLAN 0#'" Exhibit "E" or' " ... Haul Routes ;',,""1 ... ~"", ... - . !t;~8t' If g. ~ " ~f ,;e- "~8t .. - W/19p,~ ' _,Jili'""". ---:_':,".. , Ii As..... '''''~ .... -"" - .. .. l ~" " '", "''f-.,,~I+,...:l...'.., ' ," ':::fI!lt, !1!;."Bl- ' '---~ ""::"'~... .. E~" --.."If,<.....~ ~ ~ ,,~ ~,J<>'O'"i; "'10;".,,1, ~ - '''''4!!1~t''~' " Ii "co.! If I ., ~8t I " I "<,0) " - .. - - 'b" 1 ~ o 0) =...."",,~{ S "IfiI.. ,., . 1\_ "c. is.: J.." Il'QIo: ! '"" t~"~1r ""~~~ :--,'.;...~ s' ' '!~E",,8t .. . - . - . - . - . LOFT AT AJAX CONSTRUCTION MANAGEMENT PLAN 1 .' 1 Exhibit "P" , 1'> '" Traffic Control Plan r .. 1~ III'" r - To be determined at a later date. r - r - r - r - r - r - r - r - , - , . ;.l"" LOFT AT AJAX CONSTRUCTION MANAGEMENT PLAN . tt" r '" Exhibit "G" r ,.. ... ',.. Contact Persons ... ... r - r Robert J. Witek Office: 970-920-7919 , - r - Cell: 970-379-7555 r - r - r - r - r - r - r - r - r r . .... ~ _ t WI flir lI'j I'" .,11 .1 '1I~ "11 II:! 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