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HomeMy WebLinkAboutLand Use Case.131 E Durant Ave.0010.2006.ASLU ... ~ . . 1 ,Ill Routing!:i;,'OIY I j;ondiIions I SubE.<I!ll, I )I_ion I PuQlicCOloo1ent I Cu,'o"",fRegue" I AUacbm"''' Main 1 Royting Statut 1 Arch/Eng Parcels I Custom F:lelck Fe~ 1 Fee Sl.JI'fffIafi' ! actions ~---,..,,"---,-----,.~- P,,,;'TypelaslU ~LandU"'2004 P"rmit~ IOO102OO&ASLU- ^ Addf-!Th EDURANTAVE .2 AptISuit.1110 ".-.--... Cly iASPEN s,...lco ..::.1 Zip 1S1~~ p.",1iiiOt~... M""el p...lll .2 Routing Queue losIu06 Pmi'''' r .2 s......lpending D.'ctipt;onICAEATE AN AFFORDABLE HOUS'NG UNIT (UNIT 109. WH'CH IS CURRENTLY PART OF UNIT 1101 I Submilted !PAUL TAiSDufiE925-9190 file ~dit Becord tiavlgate FQfm Reports Format lab ~ ~.J .<~ T ./ Ii 25; Clock !Rooning r Visible on the web? P.ff!ll '0: I .2 F,~ Nome JJERRY L.~ Name jBERHORST PhoM 119701925.1670 rv: Ownet Is Applicant? Appicar; L.. Name IBERHORSr-.--.-.J PhoM i!970J925.1670 . Cu,'~ A",Sed 102/1412006 />woved Issued Day, i--O 37450 F~~ r--- E"",,, !iiV09l2Ooi 1131 E DURANT rSPEN CO 81611 F,,' NomePERRY.-~-_. fi3iToiJAANT"---'-......... IIASPEN CO 81611 ,: Enter the maste!' pel'mit number -- -- v > View Record: 2 of 2 ~.. C vJf- I+Me-~J C{PfNY?\J-e;j PUV'SUalA ~ to Ce>Uli\c~l QvJ. "?-51 So}tes Or ~ 0/Jvl fX'~k1fJ~(OV\ / o..~\Je&.. puVSUQVCr ~ cp/-?: ResO. 2}Py 5eV1I~5 ()r~ PUD est dfl,\: , y CI'K/ CeneV1 Gt ! - .-., DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Lift One Condominium Association. 131 E. Durant Avenue. Aspen. CO 81611 Property Owner's Name, Mailing Address and telephone number 131 E. Durant Avenue. Lift One Condomiums. Parcel ill # 2735-131-10-025 Legal Description and Street Address of Subject Property Growth Management Approval for Affordable Housing to Legal Bandit Unit (Unit 109) as Category 4 Affordable Housing Unit Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 21, Series of 2006, Aoproved 9/5/06 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 17, 2006 Effective Date of Development Order (Same as date of publication of notice of approval.) September 18, 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 17th day of September, 2006, by the City of Aspen Community DevpIopment ut Director. Ch Joyce All ier, Communi -. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval ofa site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following describ~d property: 131 E. Durant A venue, Unit 109, by resolution of the Aspen Planning and Zoning Commission numbered 21, Series of 2006 on September 5, 2006. The Applicant received approval to legalize a bandit dwelling unit as a deed- restricted affordable housing unit. For further information contact Joyce Allgaier, 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 September 17,2006 - ......... I/pp r}(':)LJ e d 9;/ ~IcJC' RESOLUTION NO. 21 (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE CONVERSION OF UNIT 109 IN THE LIFf ONE CONDOMINIUMS TO A DEED-RESTRICTED AFFORDABLE HOUSING UNIT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received an application from the Lift One Condominium Association, owners, represented by Paul Taddune, requesting approval of a growth management review for the development of affordable housing, special review to establish the parking requirements, and a code amendment to the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit; and, WHEREAS, the proposed code amendment to the Lodge Zone District was reviewed separately from the other necessary land use actions and was approved pursuant to Ordinance No. 25, Series of 2006; and, WHEREAS, pursuant to the applicable sections of the land use code, the Community Development Director has reviewed the requested land use actions and recommended approval, with the conditions of approval contained herein; and, WHEREAS, the Aspen/Pitkin County Housing Board has reviewed the proposed affordable housing unit and granted income and asset waivers and a minimum unit size waiver; and, WHEREAS, during a duly noticed public hearing on May 16, 2006, the Planning and Zoning Commission continued the review of the application to June 6, 2006; and, WHEREAS, during a continued public hearing on June 6, 2006, the Planning and Zoning Commission continued the review of the application to September 5, 2006; and, WHEREAS, during a continued public hearing on September 5, 2006, the Planning and Zoning Commission approved Resolution No. 21, Series of 2006, by a five to zero (5-0) vote, approving with conditions, a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under thc 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109, to a deed-restricted affordable housing unit, subject to the conditions contained hcrein. Section 2: Affordable Housin!! Unit 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 classifying the affordable housing unit as a Category 4 unit at the time of recordation of an amended condominium plat identifying the unit as a legal dwelling unit. The affordable housing unit may be deed-restricted as a rental unit. The unit shall become an affordable housing ownership unit at such time as the owners would request a change to a "for-sale" unit. If 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 the unit shall either revert to the general common area or, if approved by the unit owners sold as a "for sale" affordable housing unit. If the unit is ever converted to a "for-sale" unit, the unit's homeowners' association dues shall be a percentage of the free-market residential units' dues equal to the unit's market value compared to that of the free-market residential units' market value in the complex. The Applicant shall enter into an agreement with the Aspen/Pitkin County Housing Authority ensuring that the unit will be rented at a Category 4 or lower rental price for the existence of the unit. This agreement shall be executed prior to unit being occupied. The rental asset and income guidelines are waived with regard to occupancy of this unit. The size limitations are also waived. .- - Section 3: Special Review for Off-Street Parkin!! The off-street parking requirement for the site shall be hereby established as the existing twenty-two (22) off-street parking spaces. Section 4: Amendment to Condominium Plat and Declaration As is described in Section 2 above, the Applicant shall record an amended condominium plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit. Section 5: Up!!rade Dwellin!! Unit Separation Unit 109's dwelling unit separation shall be upgraded to meet the requirements of the International Building Code. Compliance with this requirement shall be reviewed by the City Building Department prior to issuance of a certificate of occupancy for the unit. Section 6: 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, 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 7: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen by a five to zero (5-0) vote on this 5th day of September, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk {.:tf , RESOLUTION NO. (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE CONVERSION OF UNIT 109 IN THE LIFT ONE CONDOMINIUMS TO A DEED-RESTRICTED AFFORDABLE HOUSING UNIT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received an application from the Lift One Condominium Association, owners, represented by Paul Taddune, requesting approval of a growth management review for the development of affordable housing, special review to establish the parking requirements, and a code amendment to the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit; and, WHEREAS, the proposed code amendment to the Lodge Zone District was reviewed separately from the other necessary land use actions and was approved pursuant to Ordinance No. 25, Series of2006; and, WHEREAS, pursuant to the applicable sections of the land use code, the Community Development Director has reviewed the requested land use actions and recommended approval, with the conditions of approval contained herein; and, WHEREAS, the Aspen/Pitkin County Housing Board has reviewed the proposed affordable housing unit and granted income and asset waivers and a minimum unit size waiver; and, WHEREAS, during a duly noticed public hearing on May 16, 2006, the Planning and Zoning Commission continued the review of the application to June 6, 2006; and, WHEREAS, during a continued public hearing on June 6, 2006, the Planning and Zoning Commission continued the review of the application to September 5, 2006; and, WHEREAS, during a continued public hearing on September 5, 2006, the Planning and Zoning Commission approved Resolution No. _, Series of 2006, by a . to L---.J vote, approving with conditions, a growth management review -- for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit; and, 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 Plarming 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109, to a deed-restricted affordable housing unit, subject to the conditions contained herein. Section 2: Affordable Housing Unit The affordable housing unit shall. be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall recorda deed restriction classifying the affordable housing unit as a Category 4 unit at the time of recordation of an amended condominium plat identifying the unit as a legal dwelling unit. The affordable housing unit may be deed-restricted as a rental unit. The unit shall become an affordable housing ownership unit at such time as the owners would request a change to a "for-sale" unit. If 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 the unit shall either revert to the general common area or, if approved by the unit owners sold as a "for sale" affordable housing unit. If the unit is ever converted to a "for-sale" unit, the unit's homeowners' association dues shall be a percentage of the free-market residential units' dues equal to the unit's market value compared to that of the free-market residential units' market value in the complex. The Applicant shall enter into an agreement with the Aspen/Pitkin County Housing Authority ensuring that the unit will be rented at a Category 4 or lower rental price for the existence of the unit. This agreement shall be executed prior to unit being occupied. The rental asset and income guidelines are waived with regard to occupancy of this unit. The size limitations are also waived. ".., - Section 3: Special Review for Off-Street Parking The off-street parking requirement for the site shall be hereby established as the existing twenty-two (22) off-street parking spaces. Section 4: Amendment to Condominium Plat and Declaration As is described in Section 2 above, the Applicant shall record an amended condominium plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit. Section 5: Upgrade Dwelling Unit Separation Unit 109's dwelling unit separation shall be upgraded to meet the requirements of the International Building Code. Compliance with this requirement shall be reviewed by the City Building Department prior to issuance of a certificate of occupancy for the unit. Section 6: 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, 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 7: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen by a _ to L---.J vote on this 5th day of September, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ,,-... - $.1:J MEMORANDUM TO: Aspen Planning and Zoning Commission JAr THRU: Joyce Allgaier, Community Development Deputy Director FROM: James Lindt, Senior Planner =:r L RE: Lift One Condominiums Growth Management Review, Subdivision Exemption for Condo Plat Amendment, and Special Review to Establish Off- Street Parking Requirements - Continued Public Hearinl!. from June 6th DATE: September 5, 2006 ApPLICANT fOWNER: Lift One Condominium Association, Inc. REPRESENTATIVE: Law Offices of Paul Taddune LOCATION: 131 E. Durant Avenue CURRENT ZONING: Lodge Zone District. PROPOSED LAND USE REQUESTS: A growth management review for the development of affordable housing and a subdivision exemption for an amendment to a recorded condominium plat have been requested. SUMMARY: The Applicant requests the necessary land use approvals to legalize an existing bandit dwelling unit and deed restrict it as a voluntary, Category 4, one-bedroom affordable housing unit. Photo Above: Lift One Condominium Building. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve with conditions, the growth management, special review for parking, and subdivision exemption requests to legalize the bandit unit. REVIEW PROCEDURE: The Planning and Zoning Commission shall be the final review authority on both the requested growth management review for the development of affordable housing and the special review to establish the parking requirements. The Applicant has also requested an .-.. - amendment to the approved condominium plat to show the unit as a legal unit. An amendment to an approved condominium plat may be approved by the Community Development Director after the review of the other land use actions. LAND USE REQUESTS: The Applicant has requested the following land use actions to convert the existing bandit unit into a voluntary (not used for mitigation purposes) affordable housing unit: . Growth Management Review for the Development of Affordable Housing. . Special Review to Establish Off-Street Parking Requirements. . Amendment to an Approved Condominium Plat (to be reviewed by the Community Development Director if the other land use actions are approved). . Code Amendment (Approved by City Council pursuant to Ordinance No. 25, Series of 2006) PROJECT SUMMARY: The Applicant, Lift One Condominium Association Inc, requests approval to convert a bandit dwelling unit (Unit 109) that has existed in the Lift One Condominiums since the mid-I 970s into a voluntary, deed-restricted, category 4 affordable housing unit. The unit subject to this application is to be remodeled to a one-bedroom unit that is located on the first floor of the south building. Apparently, Unit 110 was split into two (2) separate units (Units 109 and 110) at some point in time without the City's approval. Special review to establish the off- street parking requirements are also requested to legalize the unit without having to provide an additional parking space. In conjunction with this application, the Applicant submitted a code amendment request to amend the Lodge Zone District to eliminate the minimum lot area per dwelling unit requirement for affordable housing units. City Council approved the code amendment request pursuant to City Council Ordinance No. 25, Series of 2006. The code amendment was necessary because the Lift One Condominium complex already was non-conforming related to lot area per dwelling unit. JUNE 6TH MEETING: At the June 6th meeting (minutes attached as Exhibit "D"), the Applicant was not certain as to whether they wanted to remodel the unit from it's current configuration or whether they simply wanted to use the existing floor plan of the unit. The Applicant was also concerned about being required to deed 1I10th of a percent interest to the Housing Authority in order for the Housing Authority to be able to permanently enforce that the unit is rented as an affordable housing unit. Subsequent to the Planning and Zoning Commission hearing, the Applicant defined that they wanted to update the floor plan of the unit to a 517 square foot, I-bedroom unit. The Applicant then went back to the Housing Board to ask for a waiver from the minimum unit size requirements and to work out an agreement with the Housing Authority related to the enforceability of a deed restriction without deeding the IIlOth of a percent interest to the Housing Authority. The Housing Board granted a waiver from the minimum size requirements for the unit and a waiver from the income and asset requirements in the Employee Housing Guidelines, conditioned upon the tenant of the unit being a Lift One employee. The Housing Board also 2 I"" - - offered to work with the Applicant to structure an agreement that allows for the Housing Authority a comfort level in controlling the rent of the unit without receiving a 1/IOth of a percent ownership interest in the unit. STAFF COMMENTS: Growth Manai!ement Review for Development of AH: In reviewing the growth management request for the development of affordable housing, Staff believes that the proposal meets the review standards. There are enough affordable housing allotments available to accommodate the proposed unit in that the community has not reached the overall cap on affordable housing units of 2,428. Additionally, the proposed affordable housing unit has been reviewed by the Aspen/Pitkin County Housing Board and they have indicated that the proposed unit either meets the housing guideline requirements or they have granted a waiver from the requirements that the unit does not comply with. Staff also feels that the application is consistent with the Aspen Area Community Plan (AACP) in that it provides an affordable housing unit that is in close proximity and within walking distance to the Commercial Core and Aspen Mountain. The proposed affordable housing unit is also located within a free-market residential building that integrates the types of housing as is encouraged in the AACP's Housing Section. Staff has reinforced the Housing Board's requirements by including a proposed condition of approval in the resolution requiring that an agreement locking the unit into a rent cap be entered into prior to the unit being occupied. Staff has further proposed a condition of approval that requires that the Applicant file a deed restriction on the unit in conjunction with updating the condominium plat. Special Review for Off-Street Parkini!: The Applicant has proposed to establish their off-street parking requirements for the site as the existing number of parking spaces on the Lift One Condominium parcel. The Applicant believes that converting the bandit unit that has been in existence since the 1970s will not actually create an additional need for off-street parking since the unit has been occupied for several decades off and on. Including the proposed affordable housing unit, there would be a total of thirty-two (32) residential units in the building and there are twenty-two (22) off- street parking spaces existing on the parcel. If this were a newly developed project, the Applicant would be required to provide one off-street parking space for every residential dwelling unit, equaling a total of thirty-two (32) parking spaces. Through the special review process, the Planning and Zoning Commission can consider the parking needs of the inhabitants of the building and the projected impacts that a proposal will have on the on- street parking spaces in the neighborhood in setting the required parking for a property. The Planning Staff agrees with the Applicant's assertion that the legalizing the bandit unit as an affordable housing unit will likely not have much of an impact on the demand for parking within the development since the unit has been in existence for quite some time. Additionally, Staff does not see where there is any room to possibly provide additional parking on the site. The Commission could require the Applicant to pay cash-in-lieu for the additional parking space that would be required by the land use code's parking requirements for the additional unit, which would amount to $30,000. However, Staff believes that because there really will not be any excess demand for parking since the unit already has existed in the building for over twenty years, Staff does not believe that the cash-in-Iieu requirement is warranted. 3 .""'"'" - "-' REFERRAL AGENCY COMMENTS: The City of Aspen Building Department and the Aspen/Pitkin County Housing Authority have reviewed the proposal and their comments have been included as conditions of approval as deemed appropriate. RECOMMENDATION: Staff believes that the proposed request to convert the bandit unit into a deed- restricted, Category 4 rental unit meets the applicable review standards and would recommend that the Commission approve the proposed resolution with the conditions contained therein, RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "1 move to approve Resolution No.Q2J, Series of 2006, approving with conditions, the Lift One Condominiums growth management review for the development of affordable housing and special review to establish the existing off-street parking as the required parking to convert the bandit dwelling unit known as Unit 109 into a deed-restricted, Category 4 affordable housing unit." A TT ACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Referral Comments Exhibit D -- June 6th Meeting Minutes 4 - " RESOLUTION NO. 6..;t I (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE CONVERSION OF UNIT 109 IN THE LIFT ONE CONDOMINIUMS TO A DEED-RESTRICTED AFFORDABLE HOUSING UNIT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received an application from the Lift One Condominium Association, owners, represented by Paul Taddune, requesting approval of a growth management review for the development of affordable housing, special review to establish the parking requirements, and a code amendment to the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit; and, WHEREAS, the proposed code amendment to the Lodge Zone District was reviewed separately from the other necessary land use actions and was approved pursuant to Ordinance No. 25, Series of2006; and, WHEREAS, pursuant to the applicable sections of the land use code, the Community Development Director has reviewed the requested land use actions and recommended approval, with the conditions of approval contained herein; and, WHEREAS, the Aspen/Pitkin County Housing Board has reviewed the proposed affordable housing unit and granted income and asset waivers and a minimum unit size waiver; and, WHEREAS, during a duly noticed public hearing on May 16, 2006, the Planning and Zoning Commission continued the review of the application to June 6, 2006; and, WHEREAS, during a continued public hearing on June 6, 2006, the Planning and Zoning Commission continued the review of the application to September 5,2006; and, WHEREAS, during a continued public hearing on September 5, 2006, the Planning and Zoning Commission approved Resolution No. ;l..j, Series of 2006, by a _ to _ L-~ vote, approving with conditions, a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit; and, 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109, to a deed-restricted affordable housing unit, subject to the conditions contained herein. Section 2: Affordable Housinl!: Unit 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 classifying the affordable housing unit as a Category 4 unit at the time of recordation of an amended condominium plat identifying the unit as a legal dwelling unit. The Condominium Declaration shall also be amended to reflect the unit and shall include language providing for the potential of the affordable housing unit to become an ownership unit. The affordable housing unit may be deed-restricted as a rental unit, but the unit shall become an ownership unit at such time as the owners 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 unit is ever converted to a "for- sale" unit, the unit's homeowners' association dues shall be a percentage of the free- market residential units' dues equal to the unit's market value compared to that of the free-market residential units' market value in the complex. The Applicant shall enter into an agreement with the Aspen/Pitkin County Housing Authority ensuring that the unit will be rented at a Category 4 or lower rental price for the existence of the unit. This agreement shall be executed prior to unit being occupied. t"" -, Section 3: Special Review for Off-Street Parking The off-street parking requirement for the site shall be hereby established as the existing twenty-two (22) off-street parking spaces. Section 4: Amendment to Condominium Plat and Declaration As is described in Section 2 above, the Applicant shall record an amended condominium plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit Section 5: Upgrade Dwelling Unit Separation Unit 109's dwelling unit separation shall be upgraded to meet the requirements of the International Building Code. Compliance with this requirement shall be reviewed by the City Building Department prior to issuance of a certificate of occupancy for the unit Section 6: 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, 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 7: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen by a _ to L- --.J vote on this 5th day of September, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair City Attorney ATTEST: Jackie Lothian, Deputy City Clerk ,...... - ......,~, ,-.-.". EXHIBIT" A" Growth Management: Affordable Housing REVIEW CRITERIA & STAFF FINDINGS 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. Staff Finding Staff finds that there are enough allotments available for the one proposed affordable housing unit in that the number of affordable housing units that exist in the community is approximately 800 units below the development ceiling established in the growth management section of the land use code. There is also no annual development limit on affordable housing units established in the land use code. Staff finds this criterion to be met. b) The proposed development is consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposed development is consistent with the Housing goals and objectives established in the AACP. Specifically, Staff feels that the application is consistent with the Aspen Area Community Plan (AACP) in that it provides an affordable housing unit that is in close proximity and within walking distance to the Commercial Core and Aspen Mountain. Additionally, the proposed affordable housing unit is located within a free-market residential building that integrates the types of housing as is encouraged in the AACP's Housing Section. Staff finds this criterion to be met. 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 Authority may choose to hold a public hearing with the Board of Directors. Staff Finding The Housing Authority has reviewed the proposed unit and indicated that the unit meets the requirements of the Aspen/Pitkin County Housing Guidelines. A waiver of the minimum unit size requirement has been granted by the Housing Board for the proposed floor plan. Please see the Housing Authority's referral comments attached as Exhibit "C". 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 Aspen/Pitkin County Housing Authority, Required affordable housing may be provided through a mix of these methods. 5 "'" ........ '-'-, Staff Finding The Applicant is not proposing for this unit to serve as affordable housing mitigation. Staff finds this criterion not to be applicable. 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 proposed affordable housing unit shall be deed restricted as Category 4 rental unit. Staff has reinforced the Housing Board's requirements by including a proposed condition of approval in the resolution requiring that an agreement locking the unit into a rent cap be entered into prior to the unit being occupied. Staff has further proposed a condition requiring that the rental unit be sold through the Affordable Housing Lottery if they are deemed to be out of compliance with the Housing Authority's occupancy guidelines for more than one year. Staff finds this criterion to be met. 6 ,.,....., .-... - ,. Special Review: Off-Street Parking REVIEW CRITERIA & STAFF FINDINGS Special Review Standards, A Special Review for establishing, varying, or waiving off- street parking requirements may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts onto the on-street parking of the neighborhood, the proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Staff Finding Staff believes that there will not be an additional impact on the off-street parking demand of the complex by converting the existing bandit dwelling unit into a deed-restricted affordable housing unit since the unit has existed on the site since the mid-1970s. Additionally, the development is within close proximity to the commercial core and Aspen Mountain, reducing the need for personal transportation. Staff finds this criterion to be met. 2. An on-site parking solution meeting the requirement is practically difficult or results in an undesirable development scenario. Staff Finding Staff does believe that it would be impossible to provide an additional off-street parking space given that the site has been fully developed. Staff finds this criterion to be met. 3, Existing or planned on-site or off-site parking facilities adequately serve the needs of the development, including the availability of street parking, Staff Finding Staff believes that the existing on-site parking facilities are not really sufficient to serve the needs of the existing development. That being said, Staff does not believe that the conversion of the existing bandit dwelling unit to a deed-restricted affordable housing unit will worsen the situation as was described in Staffs response to review standard No. 1 above. 7 r, - - , ,.,/ rYlA)J/J)f'$ j- ~ -:m - ,- I II I I - -----0 o II ~ r --'-- --c-l , ~_: .--+-----1---l----; III - ---0 o~ --0 (')---y c6-tv ---0 GM ~ 1" 1 , I ~ 1 1 ~ . j . , ! ~! I )> ~i ~ , I - i . i ! - I ~ . ._ LIFT ONE CONDOMINIUMS ~ ..,..... ' . RENOVATION II" . ~a~I'----~~ ASPEN,COLORADD i!'.'r...... 'aT tJ .~~~i ." .",/ ExM\'11} ~I,t c .""",, MEMORANDUM TO: James Lindt, Community Development FROM: Cindy Christensen, Operations Manager - Housing DATE: August 4, 2006 RE: Lift One Request to Legalize Bandit Unit Parcel ID No. 2735-131-10-025 ISSUE: The applicant is requesting an exemption from growth management for a creation of a rental employee-housing unit. BACKGROUND: The applicant's representative, Paul Taddune, approached the Housing Board under Public Comment at the July 19, 2006 meeting. The Board directed Mr. Taddune to come back with a formal approval. Unit 110 had been separated into two units, but not noted on the condominium map. The Association desires to establish Unit 109 as a rental affordable housing condominium for use primarily by employees of Lift One Condominiums and chosen by Lift One who mayor may not meet the qualifications of Category 4 and below. The unit is proposed at 517 net livable square feet, which is smaller than the minimum requirement for a Category 4 one-bedroom unit as stated in the AspenlPitkin County Employee Housing Guidelines. This is about 35% smaller than the minimum requirement of 700 square feet for a Category 4 one-bedroom unit. The applicant had a concern for the requirement of a I/lOth of 1 % undivided ownership interest to APCHA due to the difficulty to obtain a 100% owner approval to convey an interest to the Housing Authority and that the conveyance would disrupt the regimen with regard to ownership and voting interests. RECOMMENDATION: The Housing Board reviewed the application at their regular meeting held August 2, 2006 and recommended approval with the following conditions: 1. The unit will be deed-restricted as a rental Category 4 unit, with the rent limited to Category 4 or below; however, if Lift One employs the tenant, the income and assets may be waived. The two requirements that the tenant will have to qualifY will be to employment (at least 1500 hours per calendar year) and not owning any other property in the Roaring Fork Valley as stipulated in the APCHA Guidelines. If the unit is found to be out of compliance for more than one year, said unit will be required to be modified and no longer specified as a unit. 2. Although the unit is 35% smaller than specified in the Guidelines, the unit is located within walking distance to and from town, is close to open space, and is within walking distance to other types of transportation. The Board felt that having this deed.restricted unit for a qualified employee outweighed the size of the unit and that the unit is still a reasonable size. ,-. '-' ........ ",-,,'" 3. The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior to Certificate of Occupancy. 4. APCHA or the applicant shall structure some type of document that guarantees that as long as the unit is an employee unit, the unit shall be a rent-controlled unit. This document shall be reviewed by APCHA' s attorney for its acceptance. 2 _. '....# &h"{o,t ",//1 - -, '. ... """ 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. Brian Speck stated that he would like to see parking but that was not possible for this project. Speck stated this was a project that he could support, Mary Liz Wilson said that she also could support this proj~ct. 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: Brian 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 afree-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 call vote: Wilson, yes; Skadron, yes; Speck, yes; Johns, yes; Kruger, yes. APPROVED 5-0. PUBLlC HEARING LIFT ONE GROWTH MANAGEMENT REVIEW Ruth Kruger opened the public 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 conceptual final PUD. The applicant requested a continuance on the growth management review and special review for parking to amend their plans for the affordable housing unit. Lindt distributed a revised resolution for the PUD request for the applicant's to do parapet elements as well as pitched roof elements 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 """'-- -- . .-- _._-~_._._--_._.-----_. .....,/ CITY OF ASPEN PLANNING & WNING COMMISSION Minutes - June 06. 2006 applicant proposed these changes to enhance the quality of the building appearance. Staff felt the chinmey sizes should be scaled down. Paul Taddune showed what the building looks like now; their proposal was purely aesthetic trying to bring up the character of the building. Mary Liz Wilson asked if the chinmeys were being made larger and asked for the current and new dimensions. Seth, applicant's investment representative, replied the width stays the same and they originally wanted to increase the chinmey heights for better draw. Seth said that the heights would not help the chinmey draw so heights for the chinmeys would be increased only by 2 to 3 feet. Steve Skadron asked what the alternative was to not extending the life of a non- conforming building. James Lindt responded there were code requirements that suggest the extension of the life and use of a building by beautifYing an existing building however the other side of the coin would be if the building were demolished they would have to come back to fit into the code requirements in that zone district. Ruth Kruger asked if they were adding some more affordable housing units. Lindt replied that was the plan. Paul Taddune responded there was a free-market unit in the basement owned by the association and they were running up against housing regulations as to how big a unit was needed for a certain category. The Homeowners Association would like to have an on site manager in that unit with a six month minimum lease. Taddune said the employee housing was already there as a so called bandit unit, which has been there since the condominium was built. Taddune explained as the law stands now the unit cannot exist. Lindt said that Staff suggested the applicant go back to the housing board to authorize the unit. Kruger stated that it would be a shame to loose this unit as an affordable housing unit since it had been an employee unit for years. Taddune stated the association would like to have someone on site. Taddune said there would be no increase in FAR and no impact on requirements. No public comments. Wilson said the height was only in the parapet areas and felt it could improve the building and would rather see the building improved rather than tom down. Dylan Johns said this added to the character of the building and the overall impact was minimal for what it does. Johns agreed with the chinmeys being lowered to 2 5 - ., ...., CITY OF ASPEN PLANNING & WNING COMMISSION Minutes - June. 06. 2006 to 3 feet above the existing chimneys. Kruger asked for clarification on the heights of the addition to the chimneys. Skadron complimented the applicant on the improvement to the building but was not convinced this was the only design that was eclectic in the community. Skadron expressed concern for the height and would probably vote no on this application. MOTION: Dylan Johns moved to approve Resolution #21, series 2006, recommending City Council approve the text amendments to Section 26. 710. 190(D)(2)(a) Lodge Zone District with conditions the Lift One Condominiums and not to exceed the increase the height by three feet (3 ') for the chimneys; seconded by Mary Liz Wilson. Roll call vote: Speck, yes; Wilson, yes; Skadron, no; Johns, yes; Kruger, yes. APPROVED 4-1. Kruger requested that housing maintain the employee unit. MOTION: Steve Skadron moved to continue the growth management review for the Lift One Condominiums to September 5, 2006; seconded by Mary Liz Wilson. All in favor, APPROVED. PUBLIC HEARING: CODE AMENDMENT - HISTORIC PRESERVATION TDRS IN mE MULTI-FAMILY RESIDENTIAL DISTRICT Ruth Kruger opened the public hearing for the Historic Preservation TDRs. Jennifer Phelan provided the proof of notice and stated the applicant, Dan Coleman, was represented by Eric Cohen. Staff sponsored this code amendment. Phelan said the request was to allow non-conforming, non-historic lots 5,000 square feet or less with a single family or duplex residence the ability to land one historic 250 square foot TDR in the Residential Multi-family Zone District (RMF). Phlen stated the historic TDR was created by a person who owns a historic parcel with floor area that they agree not to develop and it was turned into a TDR. The intent of the historic TDR was to create an avenue for income generation for historic property. Phelan said there were a number of historic TDR landing sites in the R-6, R-15, R-15A, R-15B and R-30 Zone Districts, which were primarily single family and duplex developments. Phelan said after working with the assessor and GIS they found approximately 9 lots that could actually land these TDRs. 6 0~LA-i -e& 3-loll\ co/ufOG AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A CONSOLIDATED CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF IMPROVEMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. I'"" - '---.-,,, ,,-,or' ORDINANCE NO. 28 (SERIES OF 2006) WHEREAS, the Community Development Department reeeived an application from the Lift One Condominium Association, owners, represented by Paul Taddune, requesting approval of a consolidated conceptual/final PUD application to construct gable roof and chimney improvements to the Lift One Condominiums, 131 E. Durant A venue, City and Townsite of Aspen; and, WHEREAS, the Applicant requested that the Community Development Director consolidate the conceptual and final PUD reviews pursuant to Land Use Code Section 26. 445.030(B)(2), Consolidated Conceptual and Final Review; and, WHEREAS, the Community Development Director granted consent for the Applicant to consolidate the review of the conceptual and final PUD requests pursuant Land Use Code Section 26. 445.030(B)(2), Consolidated Conceptual and Final Review, finding that the application has a limited scope of issues; and, WHEREAS, a consolidated conceptual/final PUD requires review by City Council after considering a recommendation from the Community Development Director and the Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit Development; and, WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning and Zoning Commission approved Resolution No. 21, Series of2006, by a four to one (4- I) vote, recommending that City Council approve a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen; and, WHEREAS, during a duly noticed public hearing on July 24, 2006, the Aspen City Council reviewed the proposed consolidated PUD and continued the review to August 28, 2006; and, WHEREAS, a publicly noticed site visit was conducted by City Council on August 7,2006; and, WHEREAS, during a continued public hearing on August 28, 2006, the Aspen City Council approved Ordinance No. 28, Series of 2006, by a _ to _ L--.J vote, approving with conditions, a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, 131 E. Durant Avenue, 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 c ~ -' Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section I: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, subject to the conditions contained herein. Section 2: Final PUD Plans A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: A. A drawing representing the project's architectural character. Section 3: PUD Approvals The approvals granted herein are explicitly to allow for the roof and chimney improvements proposed on the roof plan and elevation drawings attached as Exhibit "E" to the Staff Memorandum dated August 28, 2006. These drawings are dated July 19, 2006. The building height as shown on the above referenced elevation drawings is legalized through this PUD, but all other non-conforming dimensional requirements shall remain non-conforming and are not legalized through the approval of this PUD. The chimneys shall only be permitted to extend up to three (3) feet above the height of the existing chimneys. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. c ""'" . .'" Section 6: A public hearing on this ordinance was held on the 24th day of July, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 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 FINALL Y, adopted, passed and approved by a vote of ~_ to _L-~, this 28 day of August, 2006. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Mayor Klanderud and City Council Chris Bendon, Community Development Director ~ James Lindt, Senior Planner ~k -- TO: TURU: FROM: .- MEMORANDUM RE: Second Reading of Ordinance No. 28, Series of 2006, Lift One Condominiums Consolidated Conceptual/Final PUD- Continued Public Uearinl!. DATE: August 28, 2006 ApPLICANT /OWNER: Lift One Condominium Association, Inc. REPRESENTATIVE: Law Offices of Paul Taddune LOCATION: 131 E. Durant Avenue CURRENT ZONING: Lodge Zone District. PROPOSED LAND USE REQUESTS: A consolidated conceptual/final PUD has been requested for the construction of parapet walls and pitched roof elements. SUMMARY: The Applicant requests the ability to construct new architectural roof features and parapet walls to improve the aesthetics of the building. Photo Above: Lift One Condominium Building. STAFF RECOMMENDATION: Staff was somewhat split on our recommendation related to the consolidated conceptual/final PUD request. Several members of the planning staff support the Applicant's efforts to improve the aesthetics of the aging building, while other members of the staff question the appropriateness of allowing a PUD to further vary the allowable dimensional requirements of an already non- conformin buildin to rolong the existence. REVIEW PROCEDURE: City Council may approve, approve with conditions, or deny a consolidated conceptual/final PUD application after considering a recommendation from the Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit Development. LAND USE REQUESTS: The Applicant has requested the following land use action to construct parapet and pitched roof elements on the existing Lift One Condominium Building: ,-.. ,." ~... "-' . Consolidated Conceptual/Final PUD. PROJECT SUMMARY: The Applicant, Lift One Condominium Association Inc, has requested a consolidated conceptual/final PUD to construct gable and parapet roof improvements on certain flat roof elements that exist on the Lift One Condominiums. The existing building exceeds the height limit for multi-family residential buildings of twenty-eight (28) feet in the underlying Lodge (L) Zone District. Therefore, a PUDtis required because portions of the proposed gable roof elements will exceed the already non-conforming height of the existing building. SUMMA"RY OF LAST MEETING: At the last meeting, City Council considered a presentation of the proposal from the Applicant and a discussion of the issues from Staff. Council also heard public comments and provided comments on the proposaL The majority of City Council expressed concerns about the need to increase the height of the building to make it more aesthetically pleasing. Several members of Council indicated that maybe the building could be retrofitted with a veneer without changing the flat roof to improve the appearance of the structure much like the nearby Southpoint Condominiums have done. Near the conclusion of the hearing, the Applicant recommended that a site visit was warranted so that City Council could get a better idea of what the real impacts of the proposed changes will be on the neighborhood. City Council agreed to continue the hearing and conduct a site visit. City Council conducted a publicly noticed site visit on August 7th. At the site visit, the Applicant provided height poles to show the impact of the proposed pitched roof elements. COUNCIL QUESTIONS: In response to a question posed by City Council, Staff did some further research as to whether the building was originally built as a conforming structure. Staff found out that the height limit was twenty-five (25) feet in the AR.l Zone District in which the property was located at the time that the existing structure was built. However, the method of calculating building height was significantly different than it is today. At the time the structure was built, the height of a building was measured from the average street grade adjacent to the building. The average street grade of South Aspen Street adjacent to the Lift One property (which is significantly higher than the parking lot grade), was likely used to measure the building height. Therefore, based on the building height calculation methodology in effect at the time the building was built, the structure was likely conforming when it was built. Subsequently, when the City changed the building height calculation methodology the building became legally non-conforming. STAFF COMMENTS: Consolidated Conceotual/Final PUD: As was discussed at the last meeting, Staff was somewhat split on our opinions as to whether there is a public benefit to improving the aesthetics of a condominium building that is already non-conforming related to its dimensional requirements. Some members of Staff feel that there is public benefit to allowing for a condominium building to be retrofitted with an updated, modernized look to provide a more visually interesting building. Others on Staff believe that there is no public benefit in allowing for an already non-conforming free-market residential building to modernize and prolong its lifespan. 2 ,.., ,- "', ,- Staff has further refined the proposed ordinance to be more specific as to what would be approved if City Council were to approve the proposed consolidated conceptual/final PUD request. Staff has revised the ordinance to reference the roof plan that is attached hereto as Exhibit "En. This roof plan more clearly identifies the ridge heights being proposed on the gable roofs and would make it easier for Staff to enforce that the height that is proposed, actually is the height that would get built. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommended that City Council approve the requested consolidated conceptual/final PUD with the conditions contained in the proposed ordinance. The majority of the Commissioners indicated that they feel the aesthetic improvements proposed are a community benefit and that the improvements will not have a significant impact on the scale of the building. The Commissioner that cast the lone dissenting vote expressed that he did so because he was concerned that allowing for the height increase of the already non-conforming building might serve as a precedent for other development applications and that there may be ways to improve the aesthetics without requiring an increase in the height as measured by the land use code. CITY MANAGER'S COMMENTS: RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Ordinance No. 28. Series of 2006, approving with conditions, a consolidated conceptual/final PUD to construct gable roof and chimney improvements on the Lift One Condominiums. 131 E. Durant Avenue, City and Townsite of Aspen." A TT ACHMENTS: Exhibit A n Review Criteria and Staff Findings Exhibit B -- Application (attached in first reading packet) Exhibit C n Existing Elevations (attached in first reading packet) Exhibit D -- Planning and Zoning Commission Minutes (attached in second reading packet) Exhibit E n Roof Plan and Refined Elevation Drawings 3 " - EXHIBIT "A" PLANNED UNIT DEVELOPMENT (PUD) REVIEW CRITERIA & STAFF FINDINGS In accordance with Section 26.445.050 of the Land Use Code, an application requesting conceptual PUD approval requires that the following review standards be met. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff feels that the proposal to add gable roof elements to the Lift One Condominiums is consistent with several of the goals and objectives of the AACP. First, the proposed gable roof elements improve the complex's design quality as is encourage in the "design quality" section of the AACP. Second, Staff feels that the plan to modernize the existing building is consistent with the AACP's action plan objective of supporting the restoration of existing buildings. However, there were some on Staff that feel that there is no public benefit to modernizing and prolonging the lifespan of a building that is non-conforming. Staff could not reach a consensus on finding this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The proposed PUD request does not alter the use of the existing building and the existing use of residential units, many of which are rented on a short-term basis, is consistent with the land uses in the immediate vicinity. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed request will adversely affect the future development of the surrounding properties. Therefore, Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The proposed PUD request to provide the roofline changes do not increase the free-market residential FAR of the structure or number of free-market residential units and is exempt from GMQS. Staff finds this criterion not to be applicable to this PUD request. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the 4 ,......, ....... - PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized, 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The only dimensional requirement that is being altered by the proposed PUD is the allowable height of the building. The building is already over the permitted height limit in the zone district and the roofline changes to the proposed building only cause a minor change in the height of the building as is measured by the City Land Use Code's building height methodology. Some members of the Planning Staff believe that the proposed gable roof elements are a positive change to the design of the building and the new height limit is consistent with many of the multi-family and lodging structures at the base of Aspen Mountain in the immediate neighborhood. Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow for a non-conforming building to prolong it's lifespan through modernizing the exterior look if the modernization increases the extent to which it is not consistent with the dimensional requirements of the zone district in which it is located. That said, the Staff feels that the chimney structures are somewhat overbearing and are not consistent with the character of structures in the immediate vicinity. Staff could not reach a consensus on finding this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The only dimensional requirement that is being altered by the proposed PUD is the allowable height of the building. The building is already over the permitted height limit in the zone district and the roofline changes to the proposed building only cause a minor change in the height of the building as is measured by the City Land Use Code's building height methodology. Some members of the Planning Staff believe that the proposed gable roof elements are a positive change to the design of the building and the new height limit is consistent with many of the multi-family and lodging structures at the base of Aspen Mountain in the immediate neighborhood. Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow for a non-conforming building to prolong it's lifespan through modernizing the exterior look if the modernization increases the extent to which it is not consistent with the dimensional 5 ,- - "-' requirements of the zone district in which it is located. That said, the Staff feels that the chimney structures are somewhat overbearing and are not consistent with the character of structures in the immediate vicinity. Staff could not reach a consensus on finding this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The proposed PUD request does not alter the number of off-street parking spaces. Staff finds this criterion not to be applicable to this request. 4, The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The Applicant is not requesting to reduce the density of the project. Staff finds this criterion not to be applicable to this request. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers, b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution, c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. 6 c ........ ,..J Staff Finding The Applicant is not requesting to reduce the density of the project. Staff finds this criterion not to be applicable to this request. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated, c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The Applicants are not requesting to increase the allowable density through the proposed PUD. Staff finds this criterion not to be applicable to this request. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety, The proposed development shall comply with the following: ], Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The proposed PUD request does not alter natural features on the site. Staff does believe that the proposed roof elements, with the exception of the chimney elements, will increase the visual interest of the building, which is the primary man-made feature on the site. Staff finds this criterion to be met if the chimney elements are reduced in size or removed. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding There is only one building on the parcel and it is an existing building. The siting of the building is not being altered by the proposed PUD request. Staff finds this criterion not to be applicable to this request. 7 c 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The proposal is not altering the orientation of the building. However, Staff does believe that the proposed roof alterations with improve the visual interest of the structure. Staff finds this criterion to be met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding The proposed PUD does not alter the emergency access ways to the building. Staff finds this criterion not to be applicable to the request. 5. Adequate pedestrian and handicapped access is provided. Staff Finding The proposed PUD does not alter the handicapped access to the building. Staff finds this criterion not to be applicable to the request. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding Staff believes that the proposal does not provide an increase in the amount of impervious land on the development parcels. That said, the Applicant is required to submit a site drainage plan that has been designed in a manner that ensures that historic drainage rates will not be increased as a result of the proposed PUD. A professionally licensed engineer shall design this drainage plan and will be required prior to submittal for a building permit. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately de- signed to accommodate any programmatic functions associated with the use. Staff Finding The proposed PUD does not alter the programmatic spaces between the existing buildings. Therefore. Staff finds this criterion not to be applicable to this request. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with thefollowing: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 8 .....,...... ,.... - 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3, The proposed method of protecting existing vegetation and other landscape features is appropriate, Staff Finding The proposed PUD does not alter any landscaping on the site. Staff finds these criteria not to be applicable to this PUD request. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding Please see Staffs comments related to the proposed massing in the response to PUD Review Standard B(2) above. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding The proposed PUD does not alter the building's ability to use natural heating and cooling systems. Staff finds this criterion not to be applicable to this request. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding The Applicants have proposed appropriate shielding of snow, ice, and water from the entrances by providing canopies with snow guards over the entranceways. Staff finds this criterion to be met. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 9 I'" "- .- .; 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The Applicant is required to, and has consented to meet the City of Aspen Lighting Code for any exterior lighting that is proposed. Therefore, the proposed development will be lighted in a manner that will not provide direct glare on adjoining streets or property. The Applicant will be required to submit a detailed exterior lighting plan to the City Zoning Officer prior to building permit issuance. Staff believes that the Applicant's required compliance with the City Lighting Code ensures that the development will be lighted in an appropriate manner. Staff finds this criterion to be met. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The Applicant has committed to meet the City of Aspen Lighting Code on the building. Staff finds this criterion to be met. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD, Staff Finding The Applicant is not proposing to alter any common park or open space on the site. Staff finds this criterion not to be applicable to this request. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding The Applicant is not proposing to alter any common park or open space on the site. Staff finds this criterion not to be applicable to this request. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The Applicant is not proposing to alter any common park or open space on the site. Staff finds this criterion not to be applicable to this request. 10 ,....."..~_.~~."-_.,----------.."..--.,"_.-..,._..,.._..... - ~......,..,=,_.'_.- - ~, ......_~ H. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Staff believes that the proposed PUD request does not impose undue burden on the City's infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding Staff believes that the proposed PUD request does not impose undue burden on the City's infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the adduionalimprovement. Staff Finding The Applicant is not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicant will be required by the City to provide oversized utilities. Staff does not find this criterion to be applicable to this application. I. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates, The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding The Applicant has not proposed to alter the existing access to a public street. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding Please see Staff's response to PUD Review Standard 1(2) above. II , ,..... "'"' - ''-'0./ J. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: I. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The Applicants are not proposing to phase the construction. 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"'" -....J VIIle MEMORANDUM TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director CJA,\AIJ FROM: James Lindt, Senior Planner:::IL-- RE: Second Reading of Ordinance No, 28, Series of 2006, Lift One Condominiums Consolidated ConceptuaIlFinal PUD- Public Hearing DATE: July 24, 2006 ApPLICANT fOWNER: Lift One Condominium Association, Inc. REPRESENTATIVE: Law Offices of Paul Taddune LOCATION: 131 E. Durant Avenue CURRENT ZONING: Lodge Zone District PROPOSED LAND USE REQUESTS: A consolidated conceptual/final PUD has been requested for the construction of parapet walls and pitched roof elements. SUMMARY: The Applicant requests the ability to construct new architectural roof features and parapet walls to improve the aesthetics of the building. Photo Above: Lift One Condominium Building. STAFF RECOMMENDATION: Staff was somewhat split on our recommendation related to the consolidated conceptual/final PUD request Several members of the planning staff support the Applicant's efforts to improve the aesthetics of the aging building, while other members of the staff question the appropriateness of allowing a PUD to further vary the allowable dimensional requirements of an already non- conformin building to prolong the existence. REVIEW PROCEDURE: City Council may approve, approve with conditions, or deny a consolidated conceptual/final PUD application after considering a recommendation from the Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit Development. LAND USE REQUESTS: The Applicant has requested the following land use action to construct parapet and pitched roof elements on the existing Lift One Condominium Building: r- ',J .-, ",/ . Consolidated Conceptual/Final PUD. PROJECT SUMMARY: The Applicant, Lift One Condominium Association Inc, has requested a consolidated conceptual/final PUD to construct gable and parapet roof improvements on certain flat roof elements that exist on the Lift One Condominiums. The existing building exceeds the height limit for multi-family residential buildings of twenty-eight (28) feet in the underlying Lodge (L) Zone District Therefore, a PUD is required because portions of the proposed gable roof elements will exceed the already non-conforming height of the existing building. STAFF COMMENTS: Consolidated ConceTJfual/Final PUD: The Applicant has requested a consolidated conceptual/final PUD to add some gable roof elements to areas of the existing flat roof and for an addition of height to the existing chimneys. As was briefly discussed above, a PUD is necessary to construct these roof elements because the existing building is over the height limit and the proposed roof elements would increase the already non-conforming height of the building. The Applicant has indicated that the gable roof elements and chimneys are being proposed to modernize the structure and improve the aesthetics of the design. Overall, the proposed changes to the roof line of the building would increase the overall height as measured by the City Land Use Code's height methodology by approximately four and a half feet to an overall height of about 44 feet 6 inches (existing elevations were attached as Exhibit "C" in the first reading packet). Staff was somewhat split on our opinions as to whether there is a public benefit to improving the aesthetics of a condominium building that is already non- conforming related to its dimensional requirements. Some members of Staff feel that there is public benefit to allowing for a condominium building to be retrofitted with an updated, modernized look to provide a more visually interesting building. Others on Staff believe that there is no public benefit in allowing for an already non-conforming free-market residential building to modernize and prolong the lifespan of a non-conforming building. That said, the majority of the planning staff members do not believe that the proposed roof improvements, with the exception of the chimney elements, will push the building out of scale with the buildings in the immediate neighborhood, which are some of the largest buildings within the community. However, there was a consensus amongst Staff that the chimney elements are somewhat overbearing and should be reduced in height and scale from the drawings provided in City Council's packets. The Planning and Zoning Commission approved a condition in their resolution requiring that the chimneys not exceed the existing chimney heights by more than three (3) feet Staff has included this condition in the proposed ordinance. STAFF RECOMMENDATION: As was discussed throughout this memorandum, there was not a consensus amongst Staff but a majority of the members feel the height increase is appropriate in order to improve the aesthetics of the building. There is consensus amongst Staff that the larger chimney elements are somewhat overbearing and should be reduced in scale, 2 c """ "'"'" PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommended that City Council approve the requested consolidated conceptual/final PUD with the conditions contained in the proposed ordinance. The majority of the Commissioners indicated that they feel the aesthetic improvements proposed are a community benefit and that they will not have a significant impact on the scale of the building. The Commissioner that cast the lone dissenting vote expressed that he did so because he was concerned that allowing for the height increase of the already non-conforming building might serve as a precedent for other development applications and that there may be ways to improve the aesthetics without requiring an increase in the height as measured by the land use code. CITY MANAGER'S COMMENTS: RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Ordinance No. 28, Series of 2006, approving with conditions, a consolidated conceptual/final PUD to construct gable roof and chimney improvements on the Lift One Condominiums, 131 E. Durant Avenue, City and Townsite of Aspen." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application (attached in first reading packet) Exhibit C -- Existing Elevations (attached in first reading packet) Exhibit D -- Planning and Zoning Commission Minutes 3 c r-- '--' ORDINANCE NO. 28 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A CONSOLIDATED CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF IMPROVEMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO, WHEREAS, the Community Development Department received an application from the Lift One Condominium Association, owners, represented by Paul Taddune, requesting approval of a consolidated conceptuallfinal PUD application to construct gable roof and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen; and, WHEREAS, the Applicant requested that the Community Development Director consolidate the conceptual and final PUD reviews pursuant to Land Use Code Section 26. 445.030(B)(2), Consolidated Conceptual and Final Review; and, WHEREAS, the Community Development Director granted consent for the Applicant to consolidate the review of the conceptual and final PUD requests pursuant Land Use Code Section 26. 445.030(B)(2), Consolidated Conceptual and Final Review, finding that the application has a limited scope of issues; and, WHEREAS, a consolidated conceptual/final PUD requires review by City Council after considering a recommendation from the Community Development Director and the Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit Development; and, WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning and Zoning Commission approved Resolution No. 21, Series of2006, by a four to one (4- 1) vote, recommending that City Council approve a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen; and, WHEREAS, during a continued public hearing on July 24, 2006, the Aspen City Council approved Ordinance No. 28, Series of 2006, by a _ to _ L--1 vote, approving with conditions, a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, 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, --. "-...-I' WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section I: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, subject to the conditions contained herein. Section 2: Final PUD Plans A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: A. A drawing representing the project's architectural character. Section 3: PUD Approvals The approvals granted herein are explicitly to allow for the roof and chimney improvements proposed in the elevation drawings provided to the Planning and Zoning Commission in preparation for the July 24, 2006 meeting. The building height as shown on the above referenced elevation drawings is legalized through this PUD, but all other non-conforming dimensional requirements shall remain non-conforming and are not legalized through the approval of this PUD. The chimneys shall only be permitted to extend up to three (3) feet above the height of the existing chimneys. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: 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 5: A public hearing on this ordinance was held on the 24th day of July, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. ,,-.. ,....., -.....J 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 by a vote of _ to _L---.J, 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" PLANNED UNIT DEVELOPMENT (PUD) REVIEW CRITERIA & STAFF FINDINGS In accordance with Section 26.445.050 of the Land Use Code, an application requesting conceptual PUD approval requires that the following review standards be met. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff feels that the proposal to add gable roof elements to the Lift One Condominiums is consistent with several of the goals and objectives of the AACP. First, the proposed gable roof elements improve the complex's design quality as is encourage in the "design quality" section of the AACP. Second, Staff feels that the plan to modernize the existing building is consistent with the AACP's action plan objective of supporting the restoration of existing buildings. However, there were some on Staff that feel that there is no public benefit to modernizing and prolonging the lifespan of a building that is non-conforming. Staff could not reach a consensus on finding this criterion to be met. 2, The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The proposed PUD request does not alter the use of the existing building and the existing use of residential units, many of which are rented on a short-term basis, is consistent with the land uses in the immediate vicinity. Staff finds this criterion to be met. 3, The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed request will adversely affect the future development ofthe surrounding properties. Therefore, Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The proposed PUD request to provide the roofline changes do not increase the free-market residential FAR of the structure or number of free-market residential units and is exempt from GMQS. Staff finds this criterion not to be applicable to this PUD request. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the 4 r .'-.... " J PUD.. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. 1, The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, watenvays, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources, Staff Finding The only dimensional requirement that is being altered by the proposed PUD is the allowable height of the building. The building is already over the permitted height limit in the zone district and the roofline changes to the proposed building only cause a minor change in the height of the building as is measured by the City Land Use Code's building height methodology. Some members of the Planning Staff believe that the proposed gable roof elements are a positive change to the design of the building and the new height limit is consistent with many of the multi-family and lodging structures at the base of Aspen Mountain in the immediate neighborhood. Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow for a non-conforming building to prolong it's lifespan through modernizing the exterior look if the modernization increases the extent to which it is not consistent with the dimensional requirements of the zone district in which it is located. That said, the Staff feels that the chimney structures are somewhat overbearing and are not consistent with the character of structures in the immediate vicinity. Staff could not reach a consensus on finding this criterion to be met. ], The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The only dimensional requirement that is being altered by the proposed PUD is the allowable height of the building. The building is already over the permitted height limit in the zone district and the roofline changes to the proposed building only cause a minor change in the height of the building as is measured by the City Land Use Code's building height methodology. Some members of the Planning Staff believe that the proposed gable roof elements are a positive change to the design of the building and the new height limit is consistent with many of the multi-family and lodging structures at the base of Aspen Mountain in the immediate neighborhood. Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow for a non-conforming building to prolong it's lifespan through modernizing the exterior look if the modernization increases the extent to which it is not consistent with the dimensional 5 r" '- .-.. ....,I requirements of the zone district in which it is located. That said, the Staff feels that the chimney structures are somewhat overbearing and are not consistent with the character of structures in the immediate vicinity. Staff could not reach a consensus on finding this criterion to be met. 3, The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The proposed PUD request does not alter the number of off-street parking spaces. Staff finds this criterion not to be applicable to this request. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The Applicant is not requesting to reduce the density of the project. Staff finds this criterion not to be applicable to this request. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers, b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution, c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City, d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. 6 c .;, Staff Finding The Applicant is not requesting to reduce the density of the project. Staff finds this criterion not to be applicable to this request. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints, Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The Applicants are not requesting to increase the allowable density through the proposed PUD. Staff finds this criterion not to be applicable to this request. B, Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety, The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner, Staff Finding The proposed PUD request does not alter natural features on the site. Staff does believe that the proposed roof elements, with the exception of the chimney elements, will increase the visual interest of the building, which is the primary man-made feature on the site. Staff finds this criterion to be met if the chimney elements are reduced in size or removed. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding There is only one building on the parcel and it is an existing building. The siting of the building is not being altered by the proposed PUD request. Staff finds this criterion not to be applicable to this request. 7 t'" '- .-" -J 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The proposal is not altering the orientation of the building. However, Staff does believe that the proposed roof alterations with improve the visual interest of the structure. Staff finds this criterion to be met 4, Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding The proposed PUD does not alter the emergency access ways to the building. Staff finds this criterion not to be applicable to the request 5. Adequate pedestrian and handicapped access is provided. Staff Finding The proposed PUD does not alter the handicapped access to the building. Staff finds this criterion not to be applicable to the request 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding Staff believes that the proposal does not provide an increase in the amount of impervious land on the development parcels. That said, the Applicant is required to submit a site drainage plan that has been designed in a manner that ensures that historic drainage rates will not be increased as a result of the proposed PUD. A professionally licensed engineer shall design this drainage plan and will be required prior to submittal for a building permit Staff finds this criterion to be met 7. For non-residential land uses, spaces between buildings are appropriately de- signed to accommodate any programmatic functions associated with the use. Staff Finding The proposed PUD does not alter the programmatic spaces between the existing buildings. Therefore, Staff finds this criterion not to be applicable to this request C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with thefollowing: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 8 c """ .../ 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner, 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The proposed PUD does not alter any landscaping on the site. Staff finds these criteria not to be applicable to this PUD request D, Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources, Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources, Staff Finding Please see Staffs comments related to the proposed massing in the response to PUD Review Standard B(2) above. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems, Staff Finding The proposed PUD does not alter the building's ability to use natural heating and cooling systems. Staff finds this criterion not to be applicable to this request. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding The Applicants have proposed appropriate shielding of snow, ice, and water from the entrances by providing canopies with snow guards over the entranceways. Staff finds this criterion to be met E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns, The following standards shall be accomplished: 9 c """" J 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands, Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The Applicant is required to, and has consented to meet the City of Aspen Lighting Code for any exterior lighting that is proposed. Therefore, the proposed development will be lighted in a manner that will not provide direct glare on adjoining streets or property. The Applicant will be required to submit a detailed exterior lighting plan to the City Zoning Officer prior to building permit issuance. Staff believes that the Applicant's required compliance with the City Lighting Code ensures that the development will be lighted in an appropriate manner. Staff finds this criterion to be met. 2, All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate aUention to the property is prohibited for residential development, Staff Finding The Applicant has committed to meet the City of Aspen Lighting Code on the building. Staff finds this criterion to be met G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1, The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding The Applicant is not proposing to alter any common park or open space on the site. Staff finds this criterion not to be applicable to this request 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding The Applicant is not proposing to alter any common park or open space on the site. Staff finds this criterion not to be applicable to this request 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development Staff Finding The Applicant is not proposing to alter any common park or open space on the site. Staff finds this criterion not to be applicable to this request 10 f"". ........, ........ .....,.; H. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Staff believes that the proposed PUD request does not impose undue burden on the City's infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding Staff believes that the proposed PUD request does not impose undue burden on the City's infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The Applicant is not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicant will be required by the City to provide oversized utilities. Staff does not find this criterion to be applicable to this application. 1. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding The Applicant has not proposed to alter the existing access to a public street Staff finds this criterion to be met 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding Please see Staffs response to PUD Review Standard 1(2) above. II "'" '-' , J. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3, The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The Applicants are not proposing to phase the construction. Therefore, Staff finds this criterion not to be applicable. 12 "'-- - - - GXh,h/f 'YY 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 possible for this project. Speck stated this was a project that he could support. Mary Liz Wilson said that she also 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 roofofthe existing Ajax Mountain Building at 520 East Durant Avenue. Seconded by Dylan Johns. Roll call vote: Wilson, yes; Skadron, yes; Speck, yes; Johns, yes; Kruger, yes. APPROVED 5-0. PUBLIC HEARlNG LIFT ONE GROWTH MANAGEMENT REVIEW Ruth Kruger opened the public 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 conceptual final PUD. The applicant requested a continuance on the growth management review and special review for parking to amend their plans for the affordable housing unit. Lindt distributed a revised resolution for the PUD request for the applicant's to do parapet elements as well as pitched roof elements 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 - CITY OF ASPEN PLANNING & WNING COMMISSION Minutes - June 06. 2006 applicant proposed these changes to enhance the quality of the building appearance. Staff felt the chimney sizes should be scaled down. Paul Taddune showed what the building looks like now; their proposal was purely aesthetic trying to bring up the character of the building. Mary Liz Wilson asked if the chimneys were being made larger and asked for the current and new dimensions. Seth, applicant's investment representative, replied the width stays the same and they originally wanted to increase the chimney heights for better draw. Seth said that the heights would not help the chimney draw so heights for the chimneys would be increased only by 2 to 3 feet. Steve Skadron asked what the alternative was to not extending the life of a non- conforming building. James Lindt responded there were code requirements that suggest the extension of the life and use of a building by beautifying an existing building however the other side of the coin would be if the building were demolished they would have to come back to fit into the code requirements in that zone district. Ruth Kruger asked if they were adding some more affordable housing units. Lindt replied that was the plan. Paul Taddune responded there was a free-market unit in the basement owned by the association and they were running up against housing regulations as to how big a unit was needed for a certain category. The Homeowners Association would like to have an on site manager in that unit with a six month minimum lease. Taddune said the employee housing was already there as a so called bandit unit, which has been there since the condominium was built. Taddune explained as the law stands now the unit cannot exist. Lindt said that Staff suggested the applicant go back to the housing board to authorize the unit. Kruger stated that it would be a shame to loose this unit as an affordable housing unit since it had been an employee unit for years. Taddune stated the association would like to have someone on site. Taddune said there would be no increase in FAR and no impact on requirements. No public comments. Wilson said the height was only in the parapet areas and felt it could improve the building and would rather see the building improved rather than torn down. Dylan Johns said this added to the character of the building and the overall impact was minimal for what it does. Johns agreed with the chimneys being lowered to 2 5 1"".'. .----, ......../ .., ,.....,#. CITY OF ASPEN PLANNING & ZONING COMMISSION Minutes - June 06. 2006 to 3 feet above the existing chimneys. Kruger asked for clarification on the heights of the addition to the chimneys. Skadron complimented the applicant on the improvement to the building but was not convinced this was the only design that was eclectic in the community. Skadron expressed concern for the height and would probably vote no on this application. MOTION: Dylan Johns moved to approve Resolution #21, series 2006, recommending City Council approve the text amendments to Section 26. 710. 190(D)(2)(a) Lodge Zone District with conditions the Lift One Condominiums and not to exceed the increase the height by three feet (3 ~ for the chimneys; seconded by Mary Liz Wilson. Roll call vote: Speck, yes; Wilson, yes; Skadron, no; Johns, yes; Kruger, yes. APPROVED 4-1. Kruger requested that housing maintain the employee unit. MOTION: Steve Skadron moved to continue the growth management review for the Lift One Condominiums to September 5, 2006; seconded by Mary Liz Wilson. All infavor, APPROVED. PUBLIC HEARING: CODE AMENDMENT - mSTORIC PRESERVATION TDRS IN THE MULTI-FAMILY RESIDENTIAL DISTRICT Ruth Kruger opened the public hearing for the Historic Preservation TORs. Jennifer Phelan provided the proof of notice and stated the applicant, Dan Coleman, was represented by Eric Cohen. Staff sponsored this code amendment. Phelan said the request was to allow non-conforming, non-historic lots 5,000 square feet or less with a single family or duplex residence the ability to land one historic 250 square foot TOR in the Residential Multi-family Zone District (RMF). Phlen stated the historic TDR was created by a person who owns a historic parcel with floor area that they agree not to develop and it was turned into a TOR. The intent of the historic TDR was to create an avenue for income generation for historic property. Phelan said there were a number of historic TDR landing sites in the R-6, R-l5, R-15A, R-15B and R-30 Zone Districts, which were primarily single family and duplex developments. Phelan said after working with the assessor and GIS they found approximately 9 lots that could actually land these TORs. 6 I 1 ~ ct .."b'-U ::z: C> ~ ... ~ ... t:::;uj ..." J ~z E~ o o ,Ullhl( I ,OI-,u ../1;01-.1( CD fh~ FE l!"'lI ~ ~ = co: 02 ~ ..... = '" ~ = '" :z: o ~ ~5 :c- =.. ze:> =-=::: g~ ~~ ~= ~~ =:c 0< :: ..... C> ~= ::::.... rll(:~~ t~~~, ~l.'" I I I I o '1) ~ () ~ Q I I I I . I .... ';'l' . I o :z: o ~ ... ~ ... :z: :;;:ui 0.., :z:z o !i,,~ !\::~ .."'II N~ ~ .... "" ... 02 ... >- 0- = <.:> W = <.:> "" Ci ~ ~15 ",,- ~:::i -~ ""0- gffi ~~ ...."" ~~ """" C>... , t::g '!. ::I.... [rl(~:.:; ~~~~ ~~ ""'D- \] 13 R ~ ~ o .~'" '-,910- I 1 .~,..~.<< I I .. '.~~<;' ~ "'''' .,- ... .:R- oiI,. ... ": i!l ., "~., .i d:.~~ ~...., ~cq,13'", .~.. J3:;I~ ~ _ 1"'--:.._ ' .1 .<J-,1iIr o o :z: o i= _ ;:: ~i:o 6 ~ iO::F1 LLI ~~~ !:;! ~ J ... z N'"'\ 'il./ ~ ..... = -< '" ~ 0- = '" ;:;:; = '" = is ~ ~5 :0::"" ~S -- :0::0- g~ =x: 8= = ~~ =x: 0-< 0-= -= ::;.... ! r.<r(;o).;~. ~--- ~~ I o ,"II~." o :z: co ;:: ;!: .... ~ .... = ..... . ='" 01-: J E~ o ~..~ ~i~ ii' 8 ~ '-' = .... '"' ..., >- ..... = <.::> W = <.::> = E ~ ~:; 2::~ =- zO -~ 2::..... g~ ~~ '-'= ~~ =2:: 0.... ......" ~= "'.... rlT(.ojt..;.. ~~ (!](-- ,..... ....,....- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE SCHEDULED PUBLIC HEARING DATE: ,200_ ADDRESS OF PROPERTY: ST ATE OF COLORADO ) ) ss. County of Pitkin ) I, ~IAA. r:/ _ S , t '[/1 ('f J- (name, please print) being or representing an Appl ant 0 the CIty of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ---4 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained frO$ the Community Development Department, which was made of suitable, '} waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in 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 add~esses of property owners shall be those on the current tax records of Pitkin COlJIlty as they appeared no more than sixty (60) days prior to the date of the public h~ng. 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. The f~ffid,,'t ofNoti')''' w~ "tawwl"",,,,, "'fore me ilil, ;n(, of ,2006-, by ~F25 LtIJI::1j luly 9, 2006 .}spen Times Weekly WITNESS MY HAND AND OFFICIAL SEAL My commission expires: -04' J /7;/01 /' PUBLIC NOTICE RE- UIT ONE CONDOMINIUMS CONSOLIDATED CONCEPTUAWRNALPUD NOTICE IS HEREBY GIVEN thaI a public hearingwHl beheld on Monday, July 24, 2006, at a meeting to beg:ln at 5:00 p.m. before the A&- pen City Council, Council Chambers, City Hall. 1.105. GalenaSI.. Aspen, to consider an applica- tion submitted by the Lift Doe Condominium As- sociatloll,Jnc, requesting approval ofa consoli_ dated conceptual; final PUD application 10 add parapet and gable roof elements to the roof of the Uft One Condominiums. The subject proper- ty is located at 131 E. Durant Avenue and is com- monly known as the Wt One Condominiums The contact information for the Applicant Is as follows: Lift One Condominium Association, 131 E. Durant Avenue, AsP~~O 8i61 1 For further Informalio contact James Undt at the City of Aspen Co unity Development De- partment, 130 S. alena St.. Aspen, CO 970.429.2763, (or b email jamesl@cLaspen .co.us). s/Helen Kalin Klanderud Aspen City Council Published in the Aspen Times Weekly on July 9, 2006.(3870) ~/"";r,,1 /:7 i.:- '"\ . """ .t') \'- /.,. " /)\ i ".'.. :jJ..''-\ c.n t "_ . ,__ ..., ~o.,., ..... ,.:) . )> . ''Yl'. . A\ ...;~,.: ~'. .,.. "0', ./ ~"" ..' CciLO'ii~oO '--';" ATTACHMENTS: tpy OF THE PUBLICATION rI OF THE POSTED NOTICE (SIGN) GOVERNMENTAL AGENCIES NOTICED BY MAIL AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 131 East Durant Avenue, Aspen, CO SCHEDULED PUBLIC HEARING DATE: July 24, 2006 STATE OF COLORADO ) ) ss. County of Pitkin ) I, 'PAVL -T. T~0pl)Nt: (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: _ 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 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 S~ay of ::iA~ ,200 (:, , to and including the date and time of the public heari g. 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) 1111"'", ,#' "~ "'''' .. ./ 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. -~ Signature --y'!H-- The f<2.r~g 1ffidavit of Notice" was acknowledged before me this~~a~ of ~{f(: , 200-k, by P"J-OL.~. T~j;L!f'-JL-- WITNESS MY HAND AND OFFICIAL SEAL 1 zfn"/7-O:/B l-UUi'\.......-.-- Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL " ~ PUBLIC NOTICE RE: LIFT ONE CONDOMINIUMS CONSOLIDATED CONCEPTUAL/FINAL PUD 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 the Lift One Condominium Association, Inc. requesting approval of a consolidated conceptual/final PUD application to add parapet and gable roof elements to the roof of the Lift One Condominiums. The subject property is located at 131 E. Durant Avenue and is commonly known as the Lift One Condominimns. The contact information for the Applicant is as follows: Lift One Condominium Association, 131 E. Durant Avenue, Aspen, CO 81611 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/Helen Kalin Klanderud Aspen City Council Published in the Aspen Times on July 2, 2006 City of Aspen Account \AY' /L;;"J tn,t 11? I [) S ,I antibourrage et a sechafje rapide ~ . 5160@ r' , _-"e:..'.: ie gaQant 124 E DURANT AVENUE LLC c/o WOGAN WENDY 533 W FRANCIS ASPEN. CO 81611 ALPINE BANK ASPEN 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN LAND FUND II LLC 660 NEWPORT CENTER DR #500 NEWPORT BEACH, CA 92660 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRIGHT GALEN 205 E DURANT AVE #3D ASPEN, CO 81611-3813 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CALLAHAN PATRICIA 0184 MOUNTAIN LAUREL DR ASPEN, CO 81611 CASPER MARY LYNN 124 E DURANT #4 ASPEN, CO 81611 CHRISTENSEN CINDY 109 JUAN ST ASPEN, CO 81611 COHN PETER L 1601 S CENTRAL AVE GLENDALE, CA 91204 f'lFllr~!!'it..Ol~m.<!...?' ~ -- www.averV.com . , 1-8011-GO-AV' ==....~ 710 SOUTH ASPEN LLC 314 S GALENA ST STE 200 ASPEN, CO 81611 AL YEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE. NC 28625 BARBEE MARY K L1V TRUST 625 SKYLINE DR CODY, WY 82414 BOURGAULT MARY JANE 555 E DURANT AVE #4J ASPEN, CO 81611 BRITTON CARl PO BOX 12131 ASPEN, CO 81612 CABELL JOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CARLSON KEITH 101 E COOPER #302 ASPEN, CO 81611 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CITY OF ASPEN 130 S GALENA ST ASPEN,CO 81611 COLEMAN ISAIAH PO BOX 11239 ASPEN, CO 81612 A~3^'1-09-008-, ~ ~ AVEiRY@ 5160@ ~ ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 ASPEN LAND FUND II LLC 302 E HOPKINS AVE ASPEN, CO 81611 BENT FORK LLC C/O FESUS GEORGE POBOX 91 97 ASPEN, CO 81612 BRENNAN JACQUELINE NANCY 31 TRAINORS LANDING ASPEN, CO 81611 BROWNELL LORRAINE B 1030 SECOND ST MORGAN CITY, LA 70380 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CARRUTHERS MARILYN 101 E COOPER #301 ASPEN, CO 81611 CHRISPAT ASPEN LLC CHRISTINE FERER 1107 FIFTH AVE NEW YORK, NY 10128 COHEN ARTHUR S IBSEN 72 MEXICO CITY MEXICO, 11560 CROCKETT RUFUS PO BOX 3837 ASPE'N, CO 81612 @Og.s 3.L\1ldL'\l3.L@AJaAvaSn k.n,..." ..........,. .....h......".'... .......r> ,,'..,r p'-;'- .i. Ie go!.!al II.:> lUV- CROW MARGERY K & PETER 0 46103 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 DANCING BEAR LAND LLC 124 ANNAPOLIS LN PONTE VERDA, FL 32082 DUNN STEVEN G 107 JUAN ST ASPEN, CO 81611 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 FELDMAN SELMA 300 S POINTE DR APT 2403 MIAMI BEACH, FL 33139-7329 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GEORGIEFF KATHERINE TRUSTEE OF THE KATHERINE GEORGIEFF REVOCABLE LIVING TRS #11 TOPPING LN ST LOUIS, MO 63131 GOLDSMITH ADAM 0 PO BOX 9069 ASPEN, CO 81612 HElM WILLIAM 0 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HERRON SANDRA A 119 E COOPER AVE APT 19 ASPEN, CO 81611-1761 ---- @09>S @A~EY\V \!1 '-il:J!J!j~tJ.V~P;,Vtii1 ,..... '- CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DOLlNSEKJOHN 619 S MONARCH ST ASPEN, CO 81611 ELLIS DIANA L ROQUE TRUSTEE 13320 MULHOLLAND DR BEVERLY HILLS, CA 90210 FARINO CAROL PO BOX 10421 ASPEN, CO 81612 FLETCHER KAREN K & JAY R PO BOX 3476 ASPEN, CO 81612 FUQUA ALVAH 0 JR & OIANNE L 446 LAKE SHORE DR SUNSET BEACH, NC 28468 GILLESPIE JOHN E REVOCABLE TRUST 775 GULFSHORE DR #4219 DESTIN, FL 32541 GUBSER NICHOLAS J PO BOX 870 ASPEN, CO 81612 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 HILL EUGEN DUBOSE III & JOAN LUISE TRST PO BOX 129 PRIDES CROSSING, MA 01965 A1l3A\i-09-00g- , WOJ't\.!oAE'iVl.MM -~ ~-"''''1:l ='-' ''-, #' CZAJKOWSKI MICHAEL CZAJKOWSKI SANDRA J 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DONCER JOYCE TRUST 7641 W 123RD PL PALOS HEIGHTS, IL 60463 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FARR BRUCE K & GAIL H PO BOX 5142 ASPEN, CO 81612 FOX THOMAS H 119 E COOPER AVE ASPEN, CO 81611 GAR MISCH LLC CIO MIE PROPERTIES 2560 LORD BALTIMORE DR WINDSOR MILL, MD 21244 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON, FL 33496-1323 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HENRY WAYNE SCOTT PO BOX 2363 GRAPEVINE, TX 76099 HINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN, CO 81611-1652 @09LS 3DildL\l31@AJ8A'q asn 6U!+U!..Id aG.!::f a6pnws pue wer Jam and Smudye Free Pr,nt1ll!J Use Avery'lJ TEMPLATE 5160@ "~ ...... HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 IAVARONE GIANFRANCO & RITA 3410RIENTAAVE MAMORONECK, NY 10543 JOBE MARCIA PO BOX M-3 ASPEN, CO 81612 JUAN STREET HOMEOWNERS ASSOCIATION 119 JUAN ST ASPEN, CO 81611 KEITH JOHN III 300 PUppy SMITH ST #203-230 ASPEN, CO 81611 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH,IL 60043-1145 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MCCALL CAROLYN E 100 E DEAN ST#1E ASPEN, CO 81611 MILLER R GREG PO BOX 4577 ASPEN, CO 81612 ",09,5 OJlAH'3AW ~\ - www.ave'Y.tom 1-800.GO-1" '"RY . .-.,'- -- HOTEL DURANT 122 E DURANT ASPEN, CO 81611 ICAHN L1BA PO BOX 11137 ASPEN, CO 81612-9627 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 LCH LLC C/O TOM DIVEN ERE 124 ANNAPOLIS LN PONTE VEDRA, FL 32082 L1MELlTE REDEVELOPMENT LLC ATTN DALE PAAS 228 E COOPER AVE ASPEN, CO 81611 MACALPINE KENDRA M 101 E COOPER AVE #201 ASPEN, CO 81611 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MITCHELL ELSA R PO BOX 2492 ASPEN, CO 81612 A~3^11-09-008.. Illn"'l'/i,J;:aAP"^^^I\M - @ AVERV@5160@ HOUGH HAZEL C 1 BEACH DR APT #1002 ST PETERSBURG, FL 33701 J&E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 JOHNSTON MARGARET S 9.87% 30 DEXTER ST DENVER, CO 80220 KAUFMAN STEVEN B TRUST C/O VIRGINIA HARLOW 0554 ESCALANTE CARBONDALE, CO 81623-8770 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LEBBY ERIN PO BOX 1352 ASPEN, CO 81612 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 MESSNER CHRISTIAN 119 E COOPER AVE #21 ASPEN, CO 81611 MORGAN MICHAEL L 115JUAN ST ASPEN, CO 81611 ~09L5 ~!Jeqe6 al zas!l!~n SDldeJ a6eU:)BS e 18 a6eJJnOQI1Ue UOl5SBJdWI Jam ane! Smudglll Fr.,., Printing Use Avery@ TEMPLATE 516U@ " MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 NORTH LAUDERDALE PETROLEUM LLC 6318 NW 23RD ST BOCA RATON, FL 33434 PASCO PROP LLC SMITH PATRICK A PO BOX 850 ASPEN, CO 81612 POPKIN PHILIP G PO BOX 7956 ASPEN, CO 81612 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 SALlTERMAN LARRY & NANCY 603 S GRAMISH ASPEN, CO 81611 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 SOUTH POINT CONDO LLC 150 N MARKET WICHITA, KS 67202 ~09L5 @AlI3Nd ~j - www.avery.oom HlOO-GO.r '~RY ~ AVERV@ 516011i> ~ NELSON ARLENE 119 E COOPER ST#6 ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 OTT JOHN & CAROL 101 E COOPER AVE #203 ASPEN, CO 81611 PINES LODGE CONDO ASSOC 152 E DURANT AVE ASPEN, CO 81611 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 PROD INGER IRMA PO BOX 1245 ASPEN, CO 81612 PURVIS ROBERT K & CAROLYN K . PO BOX 3089 ASPEN, CO 81612 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 RUMSEY DANIEL W 333 SANTANA ROW #221 SAN JOSE, CA 95128 SANDS BENJAMIN N 15 PAPER CHASE DR FARMINGTON, CT 06032-2151 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SETZLER ALEX 100 E DEAN ST UNIT 2C ASPEN, CO 81611-1957 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 A1l3A\f-09-008-L UJO')'^,A9Ae'MMM @09LS ~!Jeqe6 al zas!I!m aDldeJ a6eu,as e 18 a6eJJnOQllUe UOlssaJdwl - - Impression antibourrage et a sechage rapide Utili,ez Ie gabarit 5160@ SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 TAYLOR HARVEY C W 301 N 9430 HWY E HARTLAND, WI 53029 THALBERG KATHARINE 221 E MAIN ST ASPEN, CO 81611 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WEINGLASS LEONARD PO BOX 11509 ASPEN, CO 81612 WILLETTE NANCY 100 E DEAN ST #2D ASPEN, CO 81611 WRIGHT LISA PO BOX 3770 ASPEN, CO 81612 @09~S @A\HW\Y ~ """"""" www.avery.com 1-800.GO-AVERY , - " STARK RENEE A 205 E DURANT AVE APT 1 D ASPEN, CO 81611-3813 TELEMARK APARTMENT 2 LLC 2422 UNION ST SAN FRANCISCO, CA 94123 TOWNE PLACE OF ASPEN CONDO ASSOC INC CIO ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 VENTER HENDRIK JOHANNES 119 E COOPER #10 ASPEN,CO 81611 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 ZAUNER HEINZ JURGEN CIO BARBARA ELIAS 0451 STAGECOACH LN CARBONDALE, CO 81623 A1:I3^\f-0!)-008-~ WO)',u!lAe'MMM ......- - @AVEnv@ 5160@ " STITT ELIZABETH WILES IRREV TRUST 1450 SILVERKING DR ASPEN, CO 81611 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS, CO 80906 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN,CO 81611 WALDRON GAIL YN L TRUSTEE PO BOX 7964 ASPEN, CO 81612 WICHMANN VICTORIA BOX 4388 ASPEN, CO 81612 WOODSON TATJANA D PO BOX 125 TETON VILLAGE, WY 83025 lil09~S 3.l\f1dW3.l@Al!lAveSn 6u!~U!Jd eaI~ a6pnws pue wer CITY OF ASt-'EN 130 S. GALENA STREET ASPEN, COLORADO 81611 (970)920-5040 PAUL TADDUNE PAUL J T ADDUNE PC 323 W MAIN ST STE 301 ASPEN, CO 81611 INVOICE 108723 Page 1 of 1 DUe: qA te: 6/28/2006 ACCOUNT 00710 AMT DUE 5.00 AMOUNT PAID MAKE CHECKS PAYABLE TO THE CITY OF ASPEN ':DESCRIPTION GIS Mailing labels- extra labels for Lift One Condos THANK YOU FOR YOUR PROMPT PAYMENT. PLEASE RETURN ONE COPY OF THIS INVOICE WITH YOU 1;:1: ,: IJ'J") '-'i (I, " fj :.::; 1 :i ~:I ~ I I H 11 ,i'Uj, (U 1[,.1J 9;'(1 nl1 ':"h~ IG: (Iuulll'lbi'i}'J'i'" 'l:: lHbl'44f,l, Sale m~ 1Jj~ [r,tll ~itnoJ: lilPid ^__I,J, nrl". M~fJ, 'IU. v IUdt' nr '~'o' "lr ~Ol" .' tlO a L'I1. D3lL~'tJ invoICe ij: uuiuUl ~~pr tooe: U0100: LLI, I i.."ji.' C 11 ~ l Oltt' r- I' l.J I' I H~I 'i ~ , 1;, . ACCOUNT NO. 00710 TOTAL AMOUNT DUE Please Remit to: CITY OF ASPEN 130 S. GALENA STREET ASPEN, COLORADO 81611 I AMOUNT I 5.00 I 'I,l;'l,",'j" t. ~I ~,I tl'. I it ,>), ,1') ':'O,j,,'ti r ~~ r~ y,\,'t! 1 , I 5.00 07."." -a --;cl; :J:::;a c: . rt1"'n _-4 rOm ID ~:z: " om... - en :Pf)f"' "'nO -q m -- .... -.. "'~... -t \.fl.-i , ~ c: f "'0.. o ~--< - . ~"..... ~~:z: n ......m ~n~~b~ .:-t~~ ~ZZ ......... ..-c ;:I:~ . . z. . Z ::Czf n 0-(0 nZ-4 o C7 u.lr Oz- 0 ",0 m 0 - Z "'on = V>{\ N ....mo ... :i:z 1;\= a N:a~ 0-4n :P-~ 0 u.E.... omu ~ ~~ 0\ n "'Z 0-4 4\fl m I I I I I I I 'Ii!:.. ! ,- ~~~ ~~I ... ,. ,:,i'lli.:-i .~::. ""~w. ++: .y,~, ,-1 -', ~.";~';?1"':: ,"". " "'-'~,;r~ i-:;'.'rf.J;;. :1~~~ ::);: ' <.. .~ ""- ':t; ,J .,: ",'" .~ ....j g~::,,;:!, ~j:.' , ~., '" ! ~. . .. 'it' ,. , ....,~i t ,.~>:, ' :~i~ ~, ,i~ <. -.. ~ ;,"~. ., ,......... /fj/JjJ lave cI 7)10100 ORDINANCE NO, 25 (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MINIMUM LOT AREA PER DWELLING UNIT REQUIREMENTS IN MUNICIPAL CODE SECTION 26,7IO.190(D)(2)(a), LODGE ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Lift One Condominium Association represented by Paul Taddune has proposed an application for an amendment to Title 26, the City of Aspen Land Use Code to amend Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Community Development Director has sponsored the proposed code amendment to be heard by the Planning and Zoning Commission and City Council; and, WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution make a recommendation to City Council on a code amendment request; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider the proposed code amendment, took and considered public testimony and the recommendation of the Community Development Director and recommended by a five to zero (5-0) vote, that City Council adopt the proposed code amendment to amend Section 26.71O.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Planning and Zoning Commission found that the Code Amendments proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, and members of the public during a duly noticed public hearing; and, WHEREAS, during a duly noticed public hearing on July 10, 2006, City Council approved Ordinance No. 25, Series of 2006, by a three to two (3-2) vote, amending Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, Ordinance No. 25, Series of 2006 Page 1 00 c -." -' WHEREAS, the City Council finds that the proposed code amendments to meet or exceed all applicable amendment standards and that the approval of the Code Amendment, 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 ORDERED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a land use code amendment to Land Use Code Section 26.710. 190(0)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing units in the Lodge Zone District, as is noted in the following sections: Section 2: Section 26.71 0.190(0)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, of the Aspen Municipal Code shall be amended to read as follows: Section 26.710,190(D)(2)(a), Minimum Lot Area per Dwelline: Unit a. Multi-Family residential- 3,000 square feet When the development is residential, there is no minimum requirement for an affordable housing unit Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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 5: A public hearing on the Ordinance shall be held on the 10th day of July, 2006, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. 25, Series of2006 Page 2 of3 F' \..,,",, ..". ~, .,.. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen at on this 12th day of June, 2006. ATTEST: Kathryn S, Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed by a three to two (l-~) vote and approved this 10th day of July, 2006. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney Ordinance No. 25, Series of2006 Page 3 of3 .j- ",--,>" MEMORANDUM VI" b TO: Mayor Klanderud and City Council Il f. Chris Bendon, Community Development Director C/VI Vli) James Lindt, Senior Planner :::::JL THRU: FROM: RE: Second Reading of Ordinance No. 25, Series of 2006- Code Amendment: Land Use Code Section 26,710,190, Lodge Zone District, Public Hearine: DATE: July 10, 2006 SUMMARY: The Lift One Condominium Association (known herein as the Applicant), represented by Paul Taddune, has requested a code amendment to Land Use Code Section 26.710.190, Lodge Zone District. The code amendment has been sponsored by the Community Development Staff because Staff had previously proposed a similar code amendment as part of a larger package of code amendments that were not acted upon by City CounciL The code amendment being requested would amend the lot area per dwelling unit requirement in the dimensional requirements section of the Lodge Zone District to eliminate the minimum lot area per dwelling unit for affordable housing units in lodge, multi-family, and mixed-use developments. The Applicant is requesting the proposed amendment in order to allow them to legalize a bandit residential unit in the Lift One Condominiums that has existed since the mid 1970's and deed restrict it as a Category 4 affordable housing unit However, Staff has split up the review of the proposed code amendment from that of the review of the other land use actions necessary for the Applicant to legalize the existing unit as has been previously requested that Staff do with code amendments that directly relate to a specific land use application. REVIEW PROCESS: City Council shall approve or deny the proposed code amendment after considering a recommendation by the Planning and Zoning Commission pursuant to Land Use Code Section 26.310, Amendments to the Land Use Code and Official Zone District Map. STAFF COMMENTS: The existing language that is proposed to be amended reads as follows: Land Use Code Section 26,710,190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit. a. Multi-Family residential- 3,000 square feet. I ,.... ...... The Applicant's proposed language is as follows: Land Use Code Section 26,710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit. a. Multi-Family residential- 3,000 square feet. there shall be no minimum lot area per dwelling unit requirement for deed restricted affordable housing units in multi-family residential. lodge. or mixed use developments. The Applicant has expressed that they have proposed the code amendment because it would serve their purpose in allowing them to legalize an existing bandit dwelling unit by converting it to a deed restricted affordable housing unit. The Applicant has further suggested that the existing requirement contradicts one of the primary goals of the City's infill initiative, which is to get a greater density of types of development that the community needs such as affordable housing. Staff agrees with the Applicant's suggestion that the minimum lot area per dwelling unit requirement in the Lodge Zone District does contradict one of the underlying ideas of the City's infill initiative, which was to increase the density of development within the core area of the City to relieve development pressures on the outskirts of the City. Staff also believes that the proposed code language is written in such a manner that encourages density of the affordable housing use, which the community is still in need of. On the other side of this issue, the minimum lot area per dwelling unit requirement could be looked at as a limiting factor in dissuading purely residential development in the Lodge Zone District as was discussed at length during the infill code amendment discussions and favored by the then City Council. However, Staff believes that the smaller allowable FAR and shorter height requirements for purely residential development in the Lodge Zone District is a much more dissuading factor against pure residential development than is the minimum lot area per dwelling unit requirement. Staff further believes that if a developer is going to construct a purely residential project despite the strict FAR and height constraints, that it would be more consistent with the community's goals to encourage a greater density of smaller units than to encourage fewer large units as the minimum lot area requirement does. That being the case, Staff believes that there is nothing wrong with the Applicant's proposed amendment and that it satisfies the review standards for approving a code amendment. ISSUES FROM FIRST READING: At first reading of the proposed ordinance, City Council requested more information on the possible implications of this code amendment request. To respond to this request, Staff had researched the number of multi-family residential projects that are at or over their allowable FAR in the Lodge Zone District prior to the Planning and Zoning Commission review of the proposed amendment. Using our Geographic Information System (GIS) program and building permit plans that we were able to find, Staff believes that approximately sixteen (16) out of the twenty (20) multi-family residential projects within the Lodge (L) Zone District that are at or over their allowable FAR (please see research findings and map attached as Exhibit "D"). 2 ,.... "'-' Applying this data, Staff believes that the City will likely see the proposed code language being used for adding affordable housing units within the existing square footage of buildings given that many of these multi-family residential buildings are already at their maximum allowable FAR. In other situations, City may also see the proposed language allowing complexes to legalize existing bandit dwelling units as affordable housing units as has been proposed by the Lift One Condominiums. However, in total Staff does not believe that the proposed code provisions will spur many applications or have a significant impact on the Lodge Zone District. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission unanimously recommended that City Council approve the code amendment as requested by the Applicant. The Commission indicated that they felt the requested language was geared directly towards the increase in the allowed density for affordable housing, which would be beneficial to the community. Minutes from the Planning and Zoning Commission's discussion on this matter will be included in the second reading packet. STAFF RECOMMENDATION: Staff recommends that the City Council approve the proposed code amendment as requested by the Applicant, finding that the code amendment request is consistent with the goals of the AACP and satisfies the review standards for amending the land use code. CITY MANAGER'S COMMENTS: RECOMMENDED MOTION: "I move to approve Ordinance No. 25, Series of 2006, approving the proposed land use code amendments to Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area Per Dwelling Unit, removing the minimum lot area per dwelling unit for affordable housing units." A TT ACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application (Included in First Reading Packet) Exhibit C -- Planning and Zoning Commission Resolution (Included in First Reading Packet) Exhibit D -- Lodge District FAR Research and Map 3 ,.... -- EXHIBIT A AMENDMENT TO THE LAND USE CODE REVIEW CRITERIA & STAFF FINDINGS Section 26,310.040, Text Amendment Standards of Review In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title, Staff Finding: Staff does not believe the proposed code amendments are in conflict with any applicable portions of this title or the Municipal Code. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff does not believe that the proposed amendments are in conflict with the Aspen Area Community Plan. Staff feels that the proposed amendment is consistent with the goals and objectives of the AACP. The AACP section on managing growth encourages the community to discourage sprawl. The AACP section on managing growth further states that the City will accept greater density of development to relieve the development pressure in the County and outside of the Urban Growth Boundary. Staff believes that the Applicant's proposed language encourages greater density of development and the existing code language to be amended is a hindrance to greater density. Staff finds this criterion to be met. C Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics, D, The effect of the proposed amendment on traffic generation and road safety, Staff Finding: These two criteria apply to rezoning applications and do not apply to this text amendment. E, Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities, 4 I"'" - Staff Finding: This criterion applies to rezoning applications and does not apply to this text amendment. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff does not feel that the proposed code amendments wi\l result in adverse impacts on the natural environment. Staff finds this criterion to be met. G, Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen, Staff Finding: As was described in Staff's response to review Standard B above, the AACP encourages greater density to take development pressure off of the County. Staff believes that the Applicant's proposed language is consistent with the community character of Aspen. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This criterion applies to rezoning applications and does not apply to this text amendment. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title, Staff Finding: Staff feels that the proposed code amendment wi\l not be in conflict with public interest. Staff believes that the proposed code amendment is consistent with the Community's stated goals in the Aspen Area Community Plan. Staff finds this criterion to be met. 5 o '"" Multi-Familv Developments in Lodl!e District . 14 Complexes Likely at/or Over FAR, No Permit Records* . 2 Complexes at/or Over FAR, Plans . 2 Complexes Likely Under FAR, No Permit Records* . 2 Complexes Under FAR, Plans 0~I'f0J liJr *- Methodology used for determining approximate existing floor area in buildings that we have no plans for was to measure the footprint of the buildings on GIS and multiply the footprint by the number of floors above-grade. Buildings that are lodges or have a PUD overlay were not looked at because they are not considered to be residential for density purposes. ,,{. / .,.,.;~ "'C ,I , , L ~~ "'<,: ~'" ' '-\.'9.' ,<> /' / / / / / / / / -. -- ORDINANCE NO, 25 (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MINIMUM LOT AREA PER DWELLING UNIT REQUIREMENTS IN MUNICIPAL CODE SECTION 26,710,190(D)(2)(a), LODGE ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO, WHEREAS, the Lift One Condominium Association represented by Paul Taddune has proposed an application for an amendment to Title 26, the City of Aspen Land Use Code to amend Section 26.7l0.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Community Development Director has sponsored the proposed code amendment to be heard by the Planning and Zoning Commission and City Council; and, WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution make a recommendation to City Council on a code amendment request; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider the proposed code amendment, took and considered public testimony and the recommendation of the Community Development Director and recommended by a five to zero (5-0) vote, that City Council adopt the proposed code amendment to amend Section 26.7l0.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Planning and Zoning Commission found that the Code Amendments proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, and members of the public during a duly noticed public hearing; and, WHEREAS, during a duly noticed public hearing on July 10, 2006, City Council approved Ordinance No. 10, Series of 2006, by a _ to _ L--> vote, amending Land Use Code Section 26.71O.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, Ordinance No. 25, Series of2006 Page 1 of3 ,... ....... WHEREAS, the City Council finds that the proposed code amendments to meet or exceed all applicable amendment standards and that the approval of the Code Amendment, 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 ORDERED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a land use code amendment to Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing units in the Lodge Zone District, as is noted in the following sections: Section 2: Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, of the Aspen Municipal Code shall be amended to read as follows: Section 26,710.190(>>)(2)(a), Minimum Lot Area per Dwellin2 Unit a. Multi-Family residential- 3,000 square feet. When the development is residential, there is no minimum requirement for an affordable housing unit. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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 5: A public hearing on the Ordinance shall be held on the 10th day of July, 2006, at 5 :00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (IS) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. 25, Series of2006 Page 2 of3 - - INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen at on this 12th day of June, 2006. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed by a _ to _ L--> vote and approved this 10th day of July, 2006. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney Ordinance No. 25, Series of2006 Page 3 of3 "",- ,....... ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: I;=)\ t2- :Do~ SCHEDULED PUBLIC HEARING DATE: ()7) '0 2-41 I , Aspen, CO ,200~ STATE OF COLORADO ) ) ... COUDty of PitkiD ) I, (name, please print) being or representin , Colorado, hereby personally certify that I have c lied with the public notice requirements of Section 26.304.060 (E) o~e Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. " , _ Mailing of notice. By the mailing of a notice obtained from the CommuIJiity Development Department, which contains the information described in S~ction 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) I""'. ,...... -'".,/ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map Or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map 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. CYJA~~J~ SIgnature ( - . /~ The fOregOin1YAffidavit ofNoti'ie" was acknowledged before me f!f.s V day of ,--itA ,200~, by ,Jeij ntf(or f eTrJn ~Ommission exp~ !~/L--o.J Notary Public WITNESS MY HAND AND OFFICIAL SEAL ~~ 7" PUBUC NOTICE MINIUMS CONSOJ.lDATED RE" UFf ONE. CONDO CONCEPTUAL/ FINAL rUD ~thalarUbliChearll1~ NOTICE 15 HERE.BY GIV I 24 2006, at l\ meet- Will be held on Monday, b~f01'~ 'he Aspen CI.ty be In at 5:00 p Hall 130 5 (,ft ~:u~~Il,~(lllneI1Cham ':~~appn~atlon suo. COPY OF THE PUBLICATION lena 51 Aspen, to con ndomlnlUm ASSOCIation, milled by the Lilt One Co, _I a consol\dated COil,. t approva U pet an 1m: ,r~,ul~~~~gUDappllcaIlOI\ I~t~~ t~:r~n One JGRAPH OF THE POSTED NOTICE (SIGN) ecpu t5 10 the TO I \ flted gable rool ...lem~he sublecl properly ~ ~nown CondomIniums d 15 common y I E Durant Avenue an The contact In- E at 13, LI\ One Condomlmums III-ws LillOne ts AND GOVERNMENTALAGENClES NOTIC D lisle' I ntlsasOv lormatlon lor toe App Ica 13\ E Durant Avenue, BYM' " IL dominium AssocIation ./:l Con 081611 Aspen,C Lindt at n contact James For ltlrther In!ormagom'munIIY Oeve1opmenl ~~ lhe City 01 AspenS'o Galena St., Aspen, partment, 130. email james]@CI.aspen 970.429.2763, (or by .co.us). A TT ACHMENTS: "t,. ':"mm,;Slon Expires 09/2512009 ___~a\111 Klanderud ~..,... AspenCityCoundl 11 s Weekly on July 2, Published In the Aspen me L 200fi,(3B55) I " \\ r - MEMORANDUM TO: Mayor Klanderud and City Council (\ 6'/1/1 THRU: Chris Bendon, Community Development Director lJ'l,. I J FROM: James Lindt, Senior Planner ::::S:L RE: First Reading of Ordinance No1f[, Series of 2006, Lift One Condominiums Consolidated ConceptuaI/Final PUD- Public Hearing will be held on July 24th DATE: June 26, 2006 ApPLICANT /OWNER: Lift One Condominium Association, Inc. REPRESENTATIVE: Law Offices of Paul Taddune LOCATION: 131 E. Durant Avenue CURRENT ZONING: Lodge Zone District. PROPOSED LAND USE REQUESTS: A consolidated conceptual/final PUD has been requested for the construction of parapet walls and pitched roof elements. SUMMARY: The Applicant requests the ability to construct new architectural roof features and parapet walls to improve the aesthetics of the building. Photo Above: Lift One Condominium Building. STAFF RECOMMENDATION: Staff was somewhat split on our recommendation related to the consolidated conceptual/final PUD request. Several members of the planning staff support the Applicant's efforts to improve the aesthetics of the aging building while other members of the staff question the appropriateness of allowing a PUD to further vary the allowable dimensional requirements of an already non-conforming building to rolon its existence. REVIEW PROCEDURE: City Council may approve, approve with conditions, or deny a consolidated conceptual/final PUD application after considering a recommendation from the Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit Development. LAND USE REQUESTS: The Applicant has requested the following land use action to construct parapet and pitched roof elements on the existing Lift One Condominium Building: ,..- " -.- '~ ..",' . Consolidated Conceptual/Final PUD_ PROJECT SUMMARY: The Applicant, Lift One Condominium Association Inc, has requested a consolidated conceptual/final PUD to construct gable and parapet roof improvements on certain flat roof elements that exist on the Lift One Condominiums. The existing building exceeds the height limit for multi-family residential buildings of twenty-eight (28) feet in the underlying Lodge (L) Zone District. Therefore, a PUD is required because portions of the proposed gable roof elements will exceed the already non-conforming height of the existing building. STAFF COMMENTS: Consolidated Concevtual/Final PUD: The Applicant has requested a consolidated conceptual/final PUD to add some gable roof elements to areas of the existing flat roof and for the addition of height to the existing chimneys. As was briefly discussed above, a PUD is necessary to construct these roof elements because the existing building is over the height limit and the proposed roof elements would increase the already non-conforming height of the building. The Applicant has indicated that the gable roof elements and chimneys are being proposed to modernize the structure and improve the aesthetics of the design. Overall, the proposed changes to the roof line of the building would increase the overall height as measured by the City Land Use Code's height methodology by approximately four and a half feet to an overall height of about 44 feet 6 inches (existing elevations are attached as Exhibit "C"). Staff was somewhat split on our opinions as to whether there is a public benefit to improving the aesthetics of a condominium building that is already non-conforming related to its dimensional requirements. Some members of Staff feel that there is public benefit to allowing for a condominium building to be retrofitted with an updated, modernized look to provide a more visually interesting building. Others on Staff believe that there is no public benefit in allowing for an already non-conforming free-market residential building to modernize and prolong its lifespan as a non-conforming building. That said, the majority of the planning staff members do not believe that the proposed roof improvements, with the exception of the chimney elements, will push the building out of scale with the buildings in the immediate neighborhood, which are some of the largest buildings within the community. However, there was a consensus amongst Staff that the chimney elements are somewhat overbearing and should be reduced in height and scale from the drawings provided in City Council's packets. The Planning and Zoning Commission approved a condition in their resolution requiring that the chimneys not exceed the existing chimney heights by more than three (3) feet. Staff has included this condition in the proposed ordinance. STAFF RECOMMENDATION: As was discussed throughout this memorandum, there was not a consensus amongst Staff but a majority of the members feel the height increase is appropriate in order to improve the aesthetics of the building. There is consensus amongst Staff that the larger chimney elements are somewhat overbearing and should be reduced in scale. 2 "'.,,/ PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommendcd that City Council approve the requested consolidated conceptual/final PUD with the conditions contained in the proposed ordinance. The majority of the Commissioners indicated that they feel the aesthetic improvements proposed are a community benefit and that they will not have a significant impact on the scale of the building. The Commissioner that cast the lone dissenting vote expressed that he did so because he was concerned that allowing for the height increase of the already non-conforming building might serve as a precedent for other development applications and that there may be ways to improve the aesthetics without requiring an increase in the height as measured by the land use code. 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, a consolidated conceptual/final PUD to construct gable roof and chimney improvements on the Lift One Condominiums, 131 E. Durant Avenue, City and Townsite of Aspen." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B n Application Exhibit C -- Existing Elevations 3 "" .., ',".~ ORDINANCE NO.;<Z) (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A CONSOLIDATED CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF IMPROVEMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Lift One Condominium Association, owners, represented by Paul Taddune, requesting approval of a consolidated conceptual/final PUD application to construct gable roof and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen; and, WHEREAS, the Applicant requested that the Community Development Director consolidate the conceptual and final PUD reviews pursuant to Land Use Code Section 26. 445.030(B)(2), Consolidated Conceptual and Final Review; and, WHEREAS, the Community Development Director granted consent for the Applicant to consolidate the review of the conceptual and final PUD requests pursuant Land Use Code Section 26. 445.030(B)(2), Consolidated Conceptual and Final Review, finding that the application has a limited scope of issues; and, WHEREAS, a consolidated conceptual/final PUD requires review by City Council after considering a recommendation from the Community Development Director and the Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit Development; and, WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning and Zoning Commission approved Resolution No. 21, Series of 2006, by a four to one (4- I) vote, recommending that City Council approve a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen; and, WHEREAS, during a continued public hearing on July 24, 2006, the Aspen City Council approved Ordinance No. -' Series of 2006, by a _ to _ L- --.J vote, approving with conditions, a consolidated conceptuaVfinal PUD to construct gable roof and chimney improvements to the Lift One Condominiums, 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, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, subject to the conditions contained herein. Section 2: Final PUD Plans A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: A. A drawing representing the project's architectural character. Section 3: PUD Approvals The approvals granted herein are explicitly to allow for the roof and chimney improvements proposed in the elevation drawings provided to the Planning and Zoning Commission in preparation for the July 24, 2006 meeting. The building height as shown on the above referenced elevation drawings is legalized through this PUD, but all other non-conforming dimensional requirements shall remain non-conforming and are not legalized through the approval of this PUD. The chimneys shall only be permitted to extend up to three (3) feet above the height of the existing chimneys. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: 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 5: A public hearing on this ordinance was held on the 24th day of July, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. ,^ '--./ 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 by a vote of _ to __L---.J, 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" PLANNED UNIT DEVELOPMENT (PUD) REVIEW CRITERIA & STAFF FINDINGS In accordance with Section 26.445.050 of the Land Use Code, an application requesting conceptual PUD approval requires that the following review standards be met. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff feels that the proposal to add gable roof elements to the Lift One Condominiums is consistent with several of the goals and objectives of the AACP. First, the proposed gable roof elements improve the complex's design quality as is encourage in the "design quality" section of the AACP. Second, Staff feels that the plan to modernize the existing building is consistent with the AACP's action plan objective of supporting the restoration of existing buildings. However, there were some on Staff that feel that there is no public benefit to modernizing and prolonging the lifespan of a building that is non-conforming. Staff could not reach a consensus on finding this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The proposed PUD request does not alter the use of the existing building and the existing use of residential units, many of which are rented on a short-term basis, is consistent with the land uses in the immediate vicinity. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed request will adversely affect the future development of the surrounding properties. Therefore, Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotmt:nts, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The proposed PUD request to provide the roofline changes do not increase the free-market residential FAR of the structure or number of free-market residential units and is exempt from GMQS, Staff finds this criterion not to be applicable to this PUD request. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the 4 ,1"'" ,..... PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development paUerns shall be emphasized. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. StaffFinding The only dimensional requirement that is being altered by the proposed PUD is the allowable height of the building. The building is already over the permitted height limit in the zone district and the roofline changes to the proposed building only cause a minor change in the height of the building as is measured by the City Land Use Code's building height methodology. Some members of the Planning Staff believe that the proposed gable roof elements are a positive change to the design of the building and the new height limit is consistent with many of the multi-family and lodging structures at the base of Aspen Mountain in the immediate neighborhood. Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow for a non-conforming building to prolong it's lifespan through modernizing the exterior look if the modernization increases the extent to which it is not consistent with the dimensional requirements of the zone district in which it is located. That said, the Staff feels that the chimney structures are somewhat overbearing and are not consistent with the character of structures in the immediate vicinity. Staff could not reach a consensus on finding this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The only dimensional requirement that is being altered by the proposed PUD is the allowable height of the building. The building is already over the permitted height limit in the zone district and the roofline changes to the proposed building only cause a minor change in the height of the building as is measured by the City Land Use Code's building height methodology. Some members of the Planning Staff believe that the proposed gable roof elements are a positive change to the design of the building and the new height limit is consistent with many of the multi-family and lodging structures at the base of Aspen Mountain in the immediate neighborhood. Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow for a non-conforming building to prolong it's lifespan through modernizing the exterior look if the modernization increases the extent to which it is not consistent with the dimensional 5 r ....... requirements of the zone district in which it is located. That said, the Staff feels that the chimney structures are somewhat overbearing and are not consistent with the character of structures in the immediate vicinity. Staff could not reach a consensus on finding this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The proposed PUD request does not alter the number of off-street parking spaces. Staff finds this criterion not to be applicable to this request. 4. , The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development b)' There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development Staff Finding The Applicant is not requesting to reduce the density of the project. Staff finds this criterion not to be applicable to this request. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. 6 ...~-,,' Staff Finding The Applicant is not requesting to reduce the density of the project. Staff finds this criterion not to be applicable to this request. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development paUern is compatible with its surrounding development paUerns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development paUern compatible with, and complimentary to, the surrounding existing and expected development paUern, land uses, and characteristics. Staff Finding The Applicants are not requesting to increase the allowable density through the proposed PUD. Staff finds this criterion not to be applicable to this request. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. StaffPinding The proposed PUD request does not alter natural features on the site. Staff does believe that the proposed roof elements, with the exception of the chimney elements, will increase the visual interest of the building, which is the primary man-made feature on the site. Staff finds this criterion to be met if the chimney elements are reduced in size or removed. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. StaffFinding There is only one building on the parcel and it is an existing building. The siting of the building is not being altered by the proposed PUD request. Staff finds this criterion not to be applicable to this request. 7 /'., """,, 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The proposal is not altering the orientation of the building. However, Staff does believe that the proposed roof alterations with improve the visual interest of the structure. Staff finds this criterion to be met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. StaffPinding The proposed PUD does not alter the emergency access ways to the building. Staff finds this criterion not to be applicable to the request. 5. Adequate pedestrian and handicapped access is provided. Staff Finding The proposed PUD does not alter the handicapped access to the building. Staff finds this criterion not to be applicable to the request. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding Staff believes that the proposal does not provide an increase in the amount of impervious land on the development parcels. That said, the Applicant is required to submit a site drainage plan that has been designed in a manner that ensures that historic drainage rates will not be increased as a result of the proposed PUD. A professionally licensed engineer shall design this drainage plan and will be required prior to submittal for a building permit. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately de- signed to accommodate any programmatic functions associated with the use. Staff Finding The proposed PUD does not alter the programmatic spaces between the existing buildings. Therefore, Staff finds this criterion not to be applicable to this request. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 8 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The proposed PUD does not alter any landscaping on the site. Staff finds these criteria not to be applicable to this PUD request. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other aUributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: I. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding Please see StafPscomments related to the proposed massing in the response to PUD Review Standard B(2) above. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding The proposed PUD does not alter the building's ability to use natural heating and cooling systems. Staff finds this criterion not to be applicable to this request. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding The Applicants have proposed appropriate shielding of snow, ice, and water from the entrances by providing canopies with snow guards over the entranceways. Staff finds this criterion to be met. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 9 0'" ,... 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The Applicant is required to, and has consented to meet the City of Aspen Lighting Code for any exterior lighting that is proposed. Therefore, the proposed development will be lighted in a manner that will not provide direct glare on adjoining streets or property. The Applicant will be required to submit a detailed exterior lighting plan to the City Zoning Officer prior to building permit issuance. Staff believes that the Applicant's required compliance with the . City Lighting Code ensures that the development will be lighted in an appropriate manner. Staff finds this criterion to be met. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate auention to the property is prohibited for residential development Staff Finding The Applicant has committed to meet the City of Aspen Lighting Code on the building. Staff finds this criterion to be met. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding The Applicant is not proposing to alter any common park or open space on the site. Staff finds this criterion not to be applicable to this request. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. StaffPinding The Applicant is not proposing to alter any common park or open space on the site, Staff finds this criterion not to be applicable to this request. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The Applicant is not proposing to alter any common park or open space on the site. Staff finds this criterion not to be applicable to this request. 10 ," """',..... H. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Staff believes that the proposed PUD request does not impose undue burden on the City's infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding Staff believes that the proposed PUD request does not impose undue burden on the City's infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The Applicant is not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicant will be required by the City to provide oversized utilities. Staff does not find this criterion to be applicable to this application. L Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding The Applicant has not proposed to alter the existing access to a public street. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding Please see Staffs response to PUD Review Standard 1(2) above. II "'-",- ''''..v- J. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding The Applicants are not proposing to phase the construction. Therefore, Staff finds this criterion not to be applicable. 12 " - o ~~ ~., :,:3 ';;!i a IE ;;; ~ !- !. l - l " ~ ~ ; " ~ ~ - 0 = ~ - ":; ~ ~ I ~'" Exhl'h;~ \tJ' I~J - , i!ll~~ 5 LIFT ONE CONDOMINIUMS .. I t--J ~~ ! ~= RENOVATION J. H ,..~ 11 . ;~ ;;;'.~M I - c::;, - ~ - ASPf:N. COlORADO I - U ,- ~~ ~~ ~ - ":; ~ ,"'''' "'''" ,~ -" VI' b '"'" MEMORANDUM TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director ~ FROM: James Lindt, Senior Planner CL-- RE: 15t Reading of Ordinance NOz..~ Series of 2006- Code Amendment: Land Use Code Section 26.710.190, Lodge Zone District, Public Hearing to be held on July 10th DATE: June 12,2006 SUMMARY: The Lift One Condominium Association (known herein as the Applicant), represented by Paul Taddune, has requested a code amendment to Land Use Code Section 26.710.190, Lodge Zone District. The code amendment has been sponsored by the Community Development Staff because Staff had previously proposed a similar code amendment as part of a larger package of code amendments that were not acted upon by City Council. The code amendment being requested would amend the lot area per dwelling unit requirement in the dimensional requirements section of the Lodge Zone District to eliminate the minimum lot area per dwelling unit for affordable housing units in lodge, multi-family, and mixed-use developments. The Applicant is requesting the proposed amendment in order to allow them to legalize a bandit residential unit in the Lift One Condominiums that has existed since the mid 1970's and deed restrict it as a Category 4 affordable housing unit However, Staff has split up the review of the proposed code amendment from that of the review of the other land use actions necessary for the Applicant to legalize the existing unit as has been previously requested that Staff do with code amendments that directly relate to a specific land use application. REVIEW PROCESS: City Council shall approve or deny the proposed code amendment after considering a recommendation by the Planning and Zoning Commission pursuant to Land Use Code Section 26310, Amendments to the Land Use Code and Official Zone District Map. STAFF COMMENTS: The existing language that is proposed to be amended reads as follows: Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit. a, Multi-Family residential- 3.000 square feet 1 The Applicant's proposed language is as follows: Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District. Minimum Lot Area per Dwelling Unit. a. Multi-Family residential- 3,000 square feet, there shall be no minimum lot area per dwelling unit requirement for deed restricted affordable housing units in multi-family residential, lodge, or mixed use developments. The Applicant has expressed that they have proposed the code amendment because it would serve their purpose in allowing them to legalize an existing bandit dwelling unit by converting it to a deed restricted affordable housing unit. The Applicant has further suggested that the existing requirement contradicts one of the primary goals of the City's infill initiative, which is to get a greater density of types of development that the community needs such as affordable housing. Staff agrees with the Applicant's suggestion that the minimum lot area per dwelling unit requirement in the Lodge Zone District does contradict one of the underlying ideas of the City's infill initiative, which was to increase the density of development within the core area of the City to relieve development pressures on the outskirts of the City. Staff also believes that the proposed code language is written in such a manner that encourages density of the affordable housing use, which the community is still in need of. On the other side of this issue, the minimum lot area per dwelling unit requirement could be looked at as a limiting factor in dissuading purely residential development in the Lodge Zone District as was discussed at length during the infill code amendment discussions and favored by the then City Council. However, Staff believes that the smaller allowable FAR and shorter height requirements for purely residential development in the Lodge Zone District is a much more dissuading factor against pure residential development than is the minimum lot area per dwelling unit requirement. Staff further believes that if a developer is going to construct a purely residential project despite the strict FAR and height constraints, that it would be more consistent with the community's goals to encourage a greater density of smaller units than to encourage fewer large units as the minimum lot area requirement does. That being the case, Staff believes that there is nothing wrong with the Applicant's proposed amendment and that it satisfies the review standards for approving a code amendment PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission unanimously recommended that City Council approve the code amendment as requested by the Applicant. The Commission indicated that they felt the requested language was geared directly towards the increase in the allowed density for affordable housing, which would be beneficial to the community. Minutes from the Planning and Zoning Commission's discussion on this matter will be included in the second reading packet. 2 ./''- " ','/ " STAFF RECOMMENDATION: Staff recommends that the City Council approve the proposed code amendment as requested by the Applicant, finding that the code amendment request is consistent with the goals of the AACP and satisfies the review standards for amending the land use code. CITY MANAGER'S COMMENTS: RECOMMENDED MOTION: "I move to approve upon first reading, Ordinance No. as, Series of 2006, approving the proposed land use code amendments to Land Use Code Section 26.710.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area Per Dwelling Unit, removing the minimum lot area per dwelling unit for affordable housing units." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Planning and Zoning Commission Resolution 3 ,.... ~ ~.." - ORDINANCE No.6 (SERIES OF 2006) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MINIMUM LOT AREA PER DWELLING UNIT REQUIREMENTS IN MUNICIPAL CODE SECTION 26.710.190(D)(2)(a), LODGE ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Lift One Condominium Association represented by Paul Taddune has proposed an application for an amendment to Title 26, the City of Aspen Land Use Code to amend Section 26.710.190(D)(2)(a), Lodge Zone District. Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; ana, WHEREAS, the Community Development Director has sponsored the proposed code amendment to be heard by the Planning and Zoning Commission and City Council; and, WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution make a recommendation to City Council on a code amendment request; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider the proposed code amendment, took and considered public testimony and the recommendation of the Community Development Director and recommended by a five to zero (5-0) vote, that City Council adopt the proposed code amendment to amend Section 26.710.l90(D)(2)(a), Lodge Zone District' Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Planning and Zoning Commission found that the Code Amendments proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, and members of the public during a duly noticed public hearing; and, WHEREAS, during a duly noticed public hearing on July 10, 2006, City Council approved Ordinance No. _, Series of 2006, by a _ to _ L---.J vote, amending Land Use Code Section 26.710.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, Ordinance No._, Series of2006 Page I 00 0- - .......'"". - WHEREAS, the City Council finds that the proposed code amendments to meet or exceed all applicable amendment standards and that the approval of the Code Amendment, 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 ORDERED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a land use code amendment to Land Use Code Section 26.710.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing units in the Lodge Zone District, as is noted in the following sections: Section 2: Section 26.71O.l90(D)(2)(a), Lodge Zone District,' Minimum Lot Area per Dwelling Unit, of the Aspen Municipal Code shall be amended to read as follows: Section 26.710.190ID)(2)(a), Minimum Lot Area per Dwellinl!: Unit a. Multi-Family residential- 3,000 square feet. When the development is residential, there is no minimum requirement for an affordable housing unit. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 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 5: A public hearing on the Ordinance shall be held on the 10th day of July, 2006, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Ordinance No. , Series of2006 Page 2 00 ,..... ..,........ ...... '-'" INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen at on this 12th day of June, 2006. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed by a _ to _ L---.J vote and approved this 10th day ofJuly, 2006. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney Ordinance No. , Series of2006 Page 3 of3 ...,,"- .....', -- ~,., EXHIBIT A AMENDMENT TO THE LAND USE CODE REVIEW CRITERIA & STAFF FINDINGS Section 26.310.040, Text Amendment Standards of Review In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. StaffPinding: Staff does not believe the proposed code amendments are in conflict with any applicable portions of this title or the Municipal Code. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff does not believe that the proposed amendments are in conflict with the Aspen Area Community Plan. Staff feels that the proposed amendment is consistent with the goals and objectives of the AACP. The AACP section on managing growth encourages the community to discourage sprawl. The AACP section on managing growth further states that the City will accept greater density of development to relieve the development pressure in the County and outside of the Urban Growth Boundary. Staff believes that the Applicant's proposed language encourages greater density of development and the existing code language to be amended is a hindrance to greater density. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Pinding: These two criteria apply to rezoning applications, and do not apply to this text amendment. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. 4 - - .,",." ,...,/ Staff Finding: This criterion applies to rezoning applications and does not apply to this text amendment. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff does not feel that the proposed code amendments will result in adverse impacts on the natural environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: As was described in Staffs response to review Standard B above, the AACP encourages greater density to take development pressure off of the County. Staff believes that the Applicant's proposed language is consistent with the community character of Aspen, Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment Staff Finding: This criterion applies to rezoning applications and does not apply to this text amendment L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: Staff feels that the proposed code amendment will not be in conflict with public interest. Staff believes that the proposed code amendment is consistent with the Community's stated goals in the Aspen Area Community Plan. Staff finds this criterion to be met. 5 ... ...... - GhJ'J''1 't (I ,,"- RESOLUTION NO. 19 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION 26.710.190(D)(2)(a), LODGE ZONE DISTRICT, TO AMEND THE MINIMUM LOT AREA PER DWELLING UNIT REQUIREMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Lift One Condominium Association represented by Paul Taddune has proposed an application for an amendment to Title 26, the City of Aspen Land Use Code to amend Section 26.71O.190(D)(2)(a), Lodge Zone District,' Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Community Development Director has sponsored the proposed code amendment to be heard by the Planning and Zoning Commission and City Council; and, WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution recommend that City Council approve, approve with conditions, or deny a Code Amendment application, after considering a recommendation by the Community Development Department and taking and considering public comments; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and public testimony on the proposed Code Amendment; and, WHEREAS, during a duly noticed public hearing on May 2, 2006, the Planning and Zoning Commission opened and continued the public hearing to May 16, 2006; and, WHEREAS, during a continued public hearing on May 16, 2006, the Planning and Zoning Commission approved Resolution No. 19, Series of 2006, by a five to zero (5-0) vote, recommending that the City Council approve the land code amendment to amend Section 26.710J90(D)(2)(a), Lodge Zone District,' Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Planning and Zoning Commission finds that the Code Amendment proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendment, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. 1'"' - /,'M,,- - 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approved the requested land use code amendment to Land Use Code Section 26.71 0.1 90(D)(2)(a), Lodge Zone District,' Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing units in the Lodge Zone District, as is noted in the following sections: Section 2: Section 26.71 0.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, ofthe Aspen Municipal Code shall be amended to read as follows: Section 26.710.190(D)(2)(a). Minimum Lot Area per Dwellinl!: Unit a. Multi-Family residential- 3,000 square feet. When the development is residential, there is no minimum requirement for an affordable housing unit. Section 3: All material representations and commitments made by the applicant pursuant to the Code Amendment 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 Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on May 16, 2006. r" ~ ,"""-.... ........ APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ~\fD;f I~(I ... LAW OFFICES OF PAUL J. TADDUNE, p.e PAULJ. TADDUNF. AFFILIATED OFFICE 323 WEST MAIN STREET, SUITE 301 ASPEN, COLORADO 81611 TELEPHONE (970) 925-9190 TELEFAX (970) 925-9199 INTERNET: taddune@compuserve.com FmVLER, 5CHIMBERG & FLANAGAN, P.c. 1640 GRANT STREET, SUITE 300 DENVER, COLORADO 80203 TELEPHONE (303) 298-8603 TELEFAX (303) 29S-S748 WILLIAM GUEST, OF COUNSEL February 13,2006 City of Aspen Community Development Attn: James Lindt, Senior Planner 130 South Galena Street, Third Floor Aspen, CO 81611 Re: Lift One Condominiums: . Exemption from Growth Management for Creation of Affordable Housing Unit . Exemption from Subdivision for Condominium Plat Modification . Code Amendment to Remove the Density Requirement in the Lodge District for Affordable Housing Unit Dear ML Lindt: Please accept this letter and the enclosed materials as an application by Lift One Condominium Association, Ine (the "Association") for exemption from growth management for the creation ora rental affordable condominium housing unit, to be known as Unit 109, Lift One Condominiums, 131 East Durant Avenue, Aspen, Colorado 8161 L In connection with the creation of an affordable housing unit, this application also requests an exemption from subdivision procedures for a supplemental modification to the Condominium Map to depict the new unit, confirmation that no additional parking will be required for the new unit and a code amendment to delete the current requirement for a 3,000 square foot minimum lot area per dwelling unit as it may pertain to affordable housing, The Condominium Map for Lift One Condominiums was recorded on November 17, 1972 in Book 4, Page 312, Pitkin County real estate records, Reduced copies are enclosed for easy reference, Unit 110, Lift One Condominiums, as identified on the Condominium Map, is currently owned by the Association, The Association proposes to divide Unit 11 0 into 2 units, thereby creating Unit 109 for the purpose of restricting the new Unit 109 to affordable housing, The Lift One Condominium project was created by a condominium map filed on November 17, 1972, long before the implementation of a sophisticated City zoning regimen, Unit 110 was divided into two separate units shmily after the condominium map was filed, but the map was not amended, The Association desires to establish one half of Unit 110 as a rental affordable housing condominium <,,'"--"-. ""..,."-' City of Aspen Community Development Attn: James Lindt, Senior Planner February 13, 2006 Page 2 unit for use primarily by employees of the Lift One Condominiums who meet the qualifications of Category 4 and below, if appropriate, Unit 109 will comprise a two bedroom unit, as generally depicted on the floor plan attached hereto, This application is submitted pursuant to Section 26,304 (i,e, common procedures), Section 26A70,040C7 (i,e. affordable housing exemption) and Section 26A80,090 (i,e, amendment to condominium map), Submitted herewith are an original and 30 copies of the following: I, Agreement for Payment of City of Aspen Development Application Fees, 2, Land Use Application, 3, City of Aspen Pre-Application Conference Summary, 4, Copy of Stewart Title Company's Commitment (tbd) demonstrating the Association's ownership of common Unit 110, 5, Proposed revised condominium map generally showing existing floor plan and proposed floor plan, A precise survey depiction will be available by the date of the Planning and Zoning Commission hearing to become a part of the application, 6, Owner's authorization, The information required by Section 26A70240C7 is as follows: (a) sufficient growth management allotments are available to accommodate the segregation of appropriate living space from Unit 110 to create an employee unit to be known as Unit 109, Lift One Condominiums; (b) the proposed development is consistent with the Aspen Area Community Plan, because an affordable housing condominium unit will be provided; (c) the proposed affordable housing condominium unit will comply with the _ guidelines of the Aspen/Pitkin County Housing Authority, A recommendation fi'om the Aspen/Pitkin County Housing Authority will be provided after this application is accepted, together with a proposed lease and deed restriction; "","'''' /'-' ............ City of Aspen Community Development Attn: James Lindt, Senior Planner February 13,2006 Page 3 (d) Subparagraph (d) is not applicable because this application is unrelated to any independent development application; and ( e) the proposed affordable housing condominium unit will be restricted to comply with the City of Aspen requirements. The Association also requests an amendment to the Land Use Code to exempt an affordable housing unit in the Lodge District Ii'om the minimum 3,000 square feet per unit requirement, generally along the lines requested by staff in the code amendment ordinance proposed by staff to the City Council on January 9, 2006, Staffs proposed ordinance has been tabled, The Association proposes that Section 26,710.190 Paragraph 2(a) be amended to read as follows: "2, Minimum Lot Area Per Dwelling Unit (Square Feet) Multi-family ResidentiaL When the dcvelopment is residential, there is no minimum requirement for an affordable housing unit in a mixed use or lodging development" Also enelosed herewith is the Association's check in the amount of $1,510,00 as the initial fee, a list of adjacent property owners within 300 feet and a CD with all pertinent documents, If you need any additional information, please feel free to contact me. Very tfLlly yours, PAUL r TADDUNE, P,C C..". 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FROM-BGHI " "lHOJd " 18187665230 " 'WUtij T-690 P002/002 F-462 __~!:';" 8~,-~G-"~ Ujl\l:l:Jjti ~ -U.1 CITY OF ASPEN COMMt,fNffY DEVELOPMENT DEPARTMENT CITV OF ASPEN (h~ CJTY) ond &,;""""'ll\)r J'''~;l>f Citv. off """"" l>ovelonm.., MPI ltil troll 1'... Lift QR~ C~~nium AS5DCi~t1oh. XbO~ (here/""iler Ml'LlCANT) AGREE A8 POLLOWS, 1, APrLICANT bas sublllittlld II) CITY 1m "l'plicafiDll fOi' Exemption frOlll ~QS and (;1,hA"!'\oT1J!t{nn fon ,.,....rin+,o. ..';+"nri'f.<;lil)lp-. 'l:1<"1n-<1~ '"'g nnlt ' nq. (h"'-eina1W, 11iE "R0JECfl <. ApI'LlCAl'I'r 'Wldorrtanas l\lld a,;:;n;m th'lt ell)' 1>1 ;\Spell Ordinance No, 57 (Sec.e,s of 2(00) estilbli.J.es a 1!:c ~~ for Land the lll>l'lica1iollS and !he p"yment of ail p=inI: f_ i> " condition p~' I~ . d.ietMil\llliQtl of appli_ """'1>1-.=. 3, APPUCANJ" - cn-Y~ 1Imt boclw:io 0114 $i~.. namre of soap. of ill, ~ project, it j, ooC ,po..ibJe oI1his time to ...estlill the fullllldeJlt or lb. co.'" lllvolvod fn Foee:llrlng the opplicAtion, MPLreANT ond Cl"rY furl),or _ <h.u it is in tho InnmSt of /he pari!es that APPl.lCANr fll8ke l"'ymrnl of an initial deJl65i! """ ,I<) 'lIl~r l"lhnlt lIlldltJoMlc= 10 be bjUed t.J APPl.lCAlIT on · mootllly!=is- Al'f>UCA.N"r.~ ~ = mal' "CCru<: following t!lcir bearinS> andlm 'ppro~Jll', AI'!'LIC/!.N1 ~ be will be"btl>/lfited 'by ",taining l';le!lEr OMlr iiq>Jidily an<! wiU make >ddiri\moll"'ymOnto UP<>Q notiil""tlon by'1l>' CITY wh,en thoy'",& ~f "" citr3 >TO i~. dTY ~ ~ wi.U 'be ~'<llefltf.tl lIIrough 1M- ~ cO:tain'l' ilf re;"veUog i~ full C(>Sts 10 pro=< APPL1CA.NT'S lljlplltlUiOll. 4. CITY an<! .APPLlCANT~tl:W""m.. n is lml"'""'fc..o!c fur em s\a1l'to =1'1= processing or ~1.ut1ielant lr>iormaii<lIl III Jhe 'flIOllliln8,COI'"nl...!cn ""dlot City Council to ""obi. tlJe P"""'-i"l; C_Is3I<>n .".yo. Ci1y CowNil to ilW;o "'sAlty "'qui1O<l. filldl"l!" fut projOOl eon<idenuiM. un le>s currom buljny "'e paid in :full pMr to d..,MOl1. S. 'fhotclllte, APl!'LJCANT ~ lhat U; """"iderdtiotl of tho CITY', woiv., ofits <i8/rt to enllt<;t tul1 !lito prior Jl) . dOlt>ntllll*lloll of,ftpplicwOll eompleled...., APPLICANT >hall ~_ an illlliol depositillihc'"",QUQloi'SlRl", nt>'lllk:hkh_ ,!low. of Cnmrnually th:>v<>lopmei>t sm!t 0010. ..rd it ""lUOl reea~ ."",,, *,,"""d tlio-lrulliU d"!>o,it,, Al'PwCANI <hilIl pay Mdlli<>1lJU _nllll)' billing> ro CITY to ~ln.m; th" CITY fut lbe pmc=ing ot1l>e "P!>lioatio. mentioned ehQv", including pOll< ~RMll ",vlt:w 4l\ 1\ ""'" nfmO.oo pe< phomer hllo, OVcr the l/lltillJ de~lt. Such ptrlbdl. po.,m.." JIloll be ""'<It 'N;lbin 311 daY9 of the billlUg dW. APPLICANT .f~... 0gtC<t that !hil"", 10 P"II socii ..otwd eo." xhaI! bo ground< rot ''''pell&<ln of J>f"a<:=i~ O\ad in no """ will bulldilt~ pennl!.> b. ""Wxl "ntH all CQ:J'-'> ~oco.ian:d with -case p~ ~c been: paid. CITY OF ASI'EN 11]; Cb)-~ fkn~:a CO"'''IU~tty lil...lapmttlt,ol.<<tor Al'.J?LICA,NT ()t f rt" (,-i 'k.6 fry" --<-X' ~u -a t:~ d1 C\" /\0 (' It, "\" I,~ ~ BIJIf~g d<<3S lUId T .1"1'hOfte Numbe" Reo"""" 1~1 East Dt'1rant AV~nHe- AS"""", CO 8lb1.~ T~~phone: 970-925-1670 g;IsUI'POTlif~s""::n.Y:U.doc 1li31li!J4 Received Time Jan, 27, 12:43PM ,.. '-,~_./ ATTACHMENT 2-LAND USE APPLICATION APPLICANT: Name: Location: Lift One Condominium Association,. Iile_ 131 East Durant Avenue! Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate} 273513110025 Parcel ill # (REQUIRED) REPRESENTATIVE: Name: Paul J. Taddune 323 West Main Street, Suite 301, Aspen, co 81611 Address: Phone #: 970-925-9190 PROJECT: Name: Address: Lift One Condominium Association Phone #: 970-925-1670 TYPE OF APPLICATION: (please check all that apply): 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt, lXJ Special Review (Parking) 0 Final PUD (& PUD Amendment) 0 Pinal Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Millor Historic Devt, 0 GMQS Allotment 0 Pinal SPA (& SPA Amendment) 0 Historic Demolition [i] GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream [X] Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split 0 Temporary Use [K] Other: Code Amendment 0 Lot Line Adjustment 0 Text/Map Amendment 131 East Durant Avenue, Aspen, CO 81611 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc,) The Lift One Condominiums rrnjp~T W~~ r.rp.~tp.n bv a condominium map filed of record on November 17, 1972 at Book 4 Paqe 315 Pitkin County real estate records PROPOSAL: (description of proposed buildings, uses, modificationS, etc) Create an affordable housing unit, Unit 109, that is currently a part of Unit 110 Have you attached the following? FEES DUE: $ o Pre-Application Conference Su=ary o Attachment #1, Signed Pee Agreement o Response to Attachment #3, Dimensional Requirements Porm o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. PLANNER: PROJECT: REPRESENT A T1VE: OWNER: TYPE OF APPLICATION: DESCRIPTION: ,....., /' ',-" , CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY James Lindt, 429-2763 DATE: 1/6/06 Lift One Condominiums- Legalize Bandit Unit Paul Taddune Lift One Condominium Association Growth Management Review for the Development of Affordable Housing, Amendment to Condominium Plat, Possible Special Review to establish Parking Requirements As was discussed during the pre-application conference, the Lift One Condominium Association would like to legalize a bandit unit that has likely existed since the 1970s and malce it a deed restricted affordable housing unit In order to do so, the Applicant requires growth management review for the development of a new affordable housing unit pursuant to Land Use Code Section 26A70,040(C}(7>- Special Review approval may be necessary to establish the parking requirement for the site as what currently exists if there are not enough parking spaces existing on the site to satisfy the parking requirements in the land use code for the existing free-market units and the proposed affordable housing unit If the unit is legalized, an amended condominium plat should be filed to represent that the unit exists, Additionally, the Building Department may require that the unit he brought into compliance with certain building code requirements, A code amendment will also be necessary to remove the density requirement in the Lodge District for affordable housing units. This is needed because the building is already non-conforming related to tbe minimum lot area per dwelling unit requiremeut that is in the code. Staff will sponsor the code amendment request as is needed to change a zone district. Applicable Code Sections: 26.304 Common Development Review Procedures 26.310 Amendments to the Land Use Code and Official Zone District Map 26.470.040(C)(7) Growth Management Review for Affordable Housing 26.480.090 Amendment to Condominium Plat 26.515 Off-Street Parking 26.710,190 Lodge (L) Zone District Review by: Staff for complete application, referral agencies for technical considerations (Housing), Planning and Zoning Commission for review of the growth management and special review for parking requests. City Council will review the code amendment after considering a recommendation from the Planning and Zoning Commission, The Community Development Director may approve an amended condominium plat if the Planning and Zoning Commission approves the growth management review to legalize the unit. Yes at P & Z ancl at 2nd Reading of the Code Amendment Ordinance. $1320 Deposit for 6 hours of stafftime (additional staff time required is billed at $220 per hour) $]90 $1510 Public Hearing: Planning Fees: Referral Agency Fees: Total Deposit: To apply, submit the following information: 1. Total Deposit for review of application, 2, Completed Land Use Application, "''''", , " ',,...... 3, Completed Dimensional Requirements Form (Attachment 2 in Land Use Application Packet), 4, Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant 5, Signed fee agreement 6, Pre-application Conference Summary, 7, An 8 1/2" x ] ]" vicinity map locating the subject parcels within the City of Aspen, 8, Proof of ownership, 9, Site plan or site improvement survey showing parking configuration, 10, Floor plans of unit to be legalizecL 1 I, A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application, This should include the proposed coele amendment language, 30 Copies of the complete application packet (items 2-10) 12, List of adjacent propeliy owners within 300' for public hearing, The GIS department can provide this list on mailing labels for a small fee, 920,5453 13, Copies of prior approvals, ]4, Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats, Compact Disk (CD)-preferred, Zip Disk or Floppy DisL Microsoft Word format is preferred, Text format easily convertible to Word is acceptable, Process: Apply. Planner will then check the application for completeness. Application is referred to applicable referral agencies and the Applicant is given a public hearing date by Staff. Staff writes a memo of recommendation. Planning and Zoning Commission reviews case and makes a final determination on the growth management review and special review for parking at a public hearing. City Council makes determination on code amendment request after considering a recommendation from the Planning and Zoning Commission. Disclaimer: The foregoing slImmary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representatic)]]s that mayor may not be accurate. The summary does not create a legal or vested right. "'...... " , '-' -, American Land Title Association Commitment - 1982 TITLE INSURANCE COMMITMENT BY Order Number: 44498-C2 We agree to issue policy to you according to the terms of the Commitment When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown iu Schedule A If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end, Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy, Our obligation under this Conunitmcnt is limited by the following: The Provisions in Schedule A The Requirements in Schedule B-L The Exceptious in Schedule B-IL . The Conditions on Page L This Commitment is not valid without SCHEDULE A and Sections I and IT of SCHEDULE R IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be bereunto affixed by its duly authorized officers on the date shown in Schedule A stewart ~~ t;<R!!f0n!y r7.r:'<'trs'Y r, ~~~~t?""",_ I. ......\........~..,-1:"To- l.{;-/ .#l_ ....1J.\ ~ "'1"0" '(,..;:llU'a,,1' '.~, ~!.i~ -*- ~~..(~ \p\.. 1908 ....::;;1 '::. .....,....... ~l -=. ~'''''''"J ; ""...___ eXA ,.; '--'"" Countersigned: ~..-- Stewart Title of Colorado, Inc. - Aspen Division 620 East Hopkins Avenue Aspen, CO 81611 (970) 925-3577 Order Number: 44498-C2 Page I of2 Commitment - 235 W/O Disclosure 1'" ........ '. CONDITI.ONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument (b) "Public Records" means title records that five constructive notice of matters affecting your title - according to the state statutes where your land is located, 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B _ Section I are met We shall have no liability to you because ofthis amendment . 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to shown them, If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing, 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements, If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section L or Eliminate with our written consent any Exceptions shown in Schedule B - Section II We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subj ect to the terms of the Policy form to be issued to you, 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment II Order Number: 44498-C2 Page 2 of 2 Commitment - ?35 W/O Disclosure II "..,... -..,,~ - .- COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: December 16, 2005 at 7:30 a,ill- Order Number: 44498-C2 2. Policy or Policies To Be Issued: (X) ALIA (1992) Owner's Policy Amount: TOBE DETEMlINED ( X ) Standard ( ) Extended Premium: Proposed Insured: To Be Determined ( ) ALT A 1992 Loan Policy ( ) Standard ( ) Extended Amount: Premium: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Lift One Condominium Association, lIK, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, 5. The land referred to in tbis Commitment is described as follows, Condominium Unit 110, LIFT ONE CONDOMINIUMS, according to the Condominimn Map thereof, recorded November 17, 1972 in Plat Book 4 at Page 312 as Reception No, 155370, and as further defined and described in the Condominium Declaration for Lift One Condominiums, recorded November 17,1972 in Book 268 at Page 921 as Reception No, 155369, County of Pitkin, State of Colorado Statement of Charges Policy premiums shown above, and any charges sbown below are due and payable before a policy can be issued, To Be Determined Examiner Name: Chuck Darn ,..... - .............. ..J SCHEDULE B - Section 1 REQUIREMENTS Order Number: 44498-C2 The followiug are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: L Release of Deed of Tnlst Dated: September 22,1988, Executed by: Lift One Condominium Association, Inc" a Colorado non-profit corporation, to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $168,000,00, in favor of: Sun Savings & Loan Association, Recorded: September 22, 1988 in Book 573 at Page 868 as Reception No,: 304199, NOTE: The beneficial interest under said Deed of Trust was assigned ofrecord to State Street Bank and Trust Company, as Trustee by Federal Deposit Insurance Corporation, as Conservator recorded August 14,1998 as Reception No, 420715, 2, Certificate of Incorporation or Certificate of Good Standing of Lift One Condominium Association, Inc" a Colorado non-profit corporation, issued by the Secretary of State of Colorado, 3, Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No, 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No, 13 (Series of 1990), 4, Certificate from the management group evidencing the fact that all Condominium expenses have been paid pursuant to Paragraph No, 26 of the Condominium Declaration, 5, Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, Inc, 6, Deed from vested owner, vesting fee simple title in purchaser(s), t!"'" - SCHEDULE B - Section 2 EXCEPTIONS Order Number: 44498-C2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: L Rights or claims of parties in possession, not shown by the public records, 2, Easements, or claims of easements, not shown by the public records, 3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4, Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, 5, Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment 6, Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to wateL 7, Any and all unpaid taxes and assessments and any unredeemed tax sales, The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8, Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 26, 1949 in Book 175 at Page 298 as Reception No, 96929, 9, Terms, conditions, restrictions and obligations as set forth in the Condominium Declaration for Lift One Condominiums, recorded November 17, 1972 in Book 268 at Page 921 at Reception No, 155369, 10, Easements, rights of way and other matters as shown and contained on Condominium Map of Lift One Condominiums recorded November 17, 1972 in Plat Book 4 at Page 312 as Reception No, 155370 "'"" - Any and all unpaid taxes and assessments and any unredeemed tax sales, The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area, 1"""" - " ,,,,' DISCLOSURES Pursuant to CR,S, 10-]]-122, notice is hereby given that: A The subject real property may be located in a Special Taxing District; R A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County Treasurer's authorized agent; C Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County AssessoL Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed," Provided that Stewart Title of Colorado, ltK - Aspen Division conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued, Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No, 4 of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the following conditions: A, The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. R No labor or materials have been fumished by mechanics or materialmen for purposes of construction on the land described in Schedule A ofthis Conunitment within the past 6 months, C The Company must receive an appropriate affidavit indemnifying the Company against un filed mechanic's and materialmen's liens. D, The Company must receive payment of the appropriate premium E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of Cormnitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information hy the Company, No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay, NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SA TISFIED, File Number: 44498-C2 Stewart Title oreolorado, Inc, - ASp011 Division Disclosures Page 1 of I - - PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Grarnm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed, In compliance with the GLBA, we are providing yon with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado, Inc. - Aspen Division and Stewart Title Guaranty Company We may collect nonpllblic personal information about you from the following sources: . Infonnation we receive from you, such as on applications or other forms_ . Information about your transactions we secure from our files, or from our affiliates or others. . Infonnation we receive from a consumer reporting agency. . Infonnation that we receive from others involved in your transaction, such as the real estate agent or lender- Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you, We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law, We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perfonn marketing services on our behalf or with whom we have joint marketing agreements: . Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. . Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLlC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW, We restrict access to nonpublic personal infonnation about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number; 4449S-C2 Stewart Title ofC)!orado, Inc. - Agp~n Divisioll Privacy Policy Notice Page 1 of I . ,0./24/2005 04: 23 1 CAROLE Bc~' NJRST PAGE 02/02 LIFT ONE CONDOMINIUM ASSOCIATION, INC. 131 EAST DURANT AVENUE ASPEN, COLORADO 81:611 (970) 925~1670 January 25, 2006 City of Aspen Community Development Department 130 South Galena 'Street, Tlrird Floor Aspen, CO 81611 Re; Lift One Condominiums: . Exemption from Growth Management for Creation of Affordable Housing Unit Exemption from Subdivision for Condominium Plat Modification Special Review for Parking Requirements . Code Amendment to Remove fhe Density Requirement in the Lodge District for Affordable Housing Unit To Whom-It May Concern: Please2!>eept this lette:ras authorization forme submission of an application for exemption from growth rn"n~ent fur1he creation of an affurdable condorniniumhousing unit as set forth in the letter:from Paul J. Taddune dated as of January 25, 2006, on behalf of the Lift One Condominium Association, Inc. The submisSion of the application has been ':~thori2ed by the Boate! ofManagers and the Membership of the Lift One Condominium Association, Inc. Mr. T addune is authorized to represent the Association with regard to this application. Very truly yours, LIFT ONE CONDO}"fiNJUM ASSOCIATION, INC. Z 'dReceived Time Jan,24, 3:52PM ~ v v I . 11 1Nnoo~ I ln~rl NrlRn:ll qnnl 't7'Uef r;~ 0A.o ,') (7 J PUBLIC NOTICE +0 f'C(lA( 01/1 LIFT ONE CONDOMINIUMS CONSOLIDATED CONCEPTUALIFINAL puftg/ Z:i/ob ~...", .- - - 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 the Lift One Condominium Association, Inc. requesting approval of a consolidated conceptual/final PUD application to add parapet and gable roof elements to the roof of the Lift One Condominiums. The subject property is located at 131 E. Durant Avenue and is commonly known as the Lift One Condominiums. The contact information for the Applicant is as follows: Lift One Condominium Association, 131 E. Durant Avenue, Aspen, CO 81611 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/Helen Kalin Klanderud Aspen City Council Published in the Aspen Times on July 2, 2006 City of Aspen Account '........... , ItplvOvecl 0/~/00 .........,'.., RESOLUTION NO. 21 (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE A CONSOLIDATED CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF IMPROVEMENTS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Lift One Condominium Association, owners, represented by Paul Taddune, requesting approval of a consolidated conceptual/final PUD application to construct gable roof and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen; and, WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning and Zoning Commission approved Resolution No. 21, Series of2006, by a four to one (4- I) vote, recommending that City Council approve a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen; and, 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, subject to the conditions contained herein. Section 2: Final PUD Plans A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: .'........., ""'"..... A. A drawing representing the project's architectural character. Section 3: PUD Approvals The approvals granted herein are explicitly to allow for the roof and chimney improvements proposed in the elevation drawings provided to the Planning and Zoning Commission in preparation for their June 6, 2006 meeting. The building height as shown on the above referenced elevation drawings is legalized through this PUD, but all other non-conforming dimensional requirements shall remain non-conforming and are not legalized through the approval of this PUD. The chimneys shall only be permitted to extend up to three (3) feet above the height of the existing chimneys. Section 4: 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, 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 5: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen by a four to one (4-1) vote on this 6th day ofJune, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk TO: /~..~.." MEMORANDUM lYB. ~ Aspen Planning and Zoning Commission ~f:;.^ Joyce Allgaier, Community Development Deputy Director THRU: FROM: James Lindt, Senior Planner ~ L-- RE: Lift One Condominiums Growth Management Review, Subdivision Exemption for Condo Plat Amendment, Special Review to Establish Off- Street Parking Requirements, and a Consolidated Conceptual/Final PUD Public Hearine DATE: June 6, 2006 ApPLICANT /OWNER: Lift One Condominium Association, Inc. REPRESENTATIVE: Law Offices of Paul Taddune LOCATION: 131 E. Durant Avenue CURRENT ZONING: Lodge Zone District. PROPOSED LAND USE REQUESTS: A growth management review for the development of affordable housing and a subdivision exemption for an amendment to a recorded condominium plat have been requested. A code amendment to the Lodge Zone District has also been requested in conjunction with this application and was considered at the previous Planning and Zoning Commission meeting. Finally, a consolidated conceptual/final PUD has been requested for the construction of parapet walls, Photo Above: Lift One Condominium Building. SUMMARY: The Applicant requests the necessary land use approvals to legalize an existing bandit dwelling unit and deed restrict it as a voluntary, Category 4, two- bedroom affordable housing unit. Additionally, the Applicant requests the ability to construct new architectural roof features and parapet walls to improve the aesthetics of the building. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve with conditions, the growth management, special review for parking, and subdivision exemption requests to legalize the bandit unit. Staff was somewhat split on our recommendation related to the consolidated conce tual/final PUD re uest. F'~ '",.... REVIEW PROCEDURE: The Planning and Zoning Commission shall be the final review authority on both the requested growth management review for the development of affordable housing and the special review to establish the parking requirements. The Applicant has also requested an amendment to the approved condominium plat to show the unit as a legal unit. An amendment to an approved condominium plat may be approved by the Community Development Director after the review of the other land use actions. As was mentioned above, the Applicant has also requested an amendment to the land use code to allow for deed-restricted affordable housing units to be exempt from the minimum lot area per dwelling unit requirements in the Lodge Zone District. The code amendment to the Lodge Zone District was reviewed by the Planning and Zoning Commission and was recommended for approval to City Council by the Commission. Finally, the Planning and Zoning Commission shall be the recommending body to City Council on the requested consolidated conceptual/final PUD request. LAND USE REQUESTS: The Applicant has requested the following land use actions to convert the existing bandit unit into a voluntary (not used for mitigation purposes) affordable housing unit and to construct the proposed gable roof improvements: . Growth Management Review for the Development of Affordable Housing. . Special Review to Establish Off-Street Parking Requirements. . Amendment to an Approved Condominium Plat (to be reviewed by the Community Development Director if the other land use actions are approved). . Code Amendment (being reviewed separate from other land use requests). . Consolidated Conceptual/Final PUD. PROJECT SUMMARY: The Applicant, Lift One Condominium Association Inc, requests approval to convert a bandit dwelling unit (Unit 109) that has existed in the Lift One Condominiums since the mid-I 970s into a voluntary, deed-restricted, category 4 affordable housing unit. The unit subject to this application is a two-bedroom unit that is located on the first floor of the south building. Apparently, Unit 110 was split into two (2) separate units (Units 109 and 110) at some point in time without the City's approval. Special review to establish the off-street parking requirements are also requested to legalize the unit without having to provide an additional parking space. The Applicant has also requested a consolidated conceptuaVfinal PUD to construct gable and parapet roof improvements on certain flat roof elements that exist on the Lift One Condominiums. The existing building exceeds the height limit for multi-family residential buildings of twenty-eight (28) feet in the underlying Lodge (L) Zone District. Therefore, a PUD is required because portions of the proposed gable roof elements will exceed the already non-conforming height of the existing building. 2 ,~ STAFF COMMENTS: Growth Manaf!ement Review for Development of AN' In reviewing the growth management request for the development of affordable housing, Staff believes that the proposal meets the review standards. There are enough affordable housing allotments available to accommodate the proposed unit in that the community has not reached the overall cap on affordable housing units of2,428. Additionally, the proposed affordable housing unit has been reviewed by the Aspen/Pitkin County Housing Authority and they have indicated that the proposed unit meets the housing guideline requirements. Staff also feels that the application is consistent with the Aspen Area Community Plan (AACP) in that it provides an affordable housing unit that is in close proximity and within walking distance to the Commercial Core and Aspen Mountain. Additionally, the proposed affordable housing unit is located within a free-market residential building that integrates the types of housing as is encouraged in the AACP's Housing Section. Special Review for Off-Street Parkinf!: The Applicant has proposed to establish their off-street parking requirements for the site as the existing number of parking spaces on the Lift One Condominium parcel. The Applicant believes that converting the bandit unit that has been in existence since the 1970s will not actually create an additional need for off-street parking since the unit has been occupied for several decades off and on. Including the proposed affordable housing unit, there would be a total of thirty-two (32) residential units in the building and there is twenty-two (22) off-street parking spaces existing on the parcel. If this were a newly developed project, the Applicant would be required to provide one off-street parking space for every residential dwelling unit, equaling a total of thirty-two (32) parking spaces. Through the special review process, the Planning and Zoning Commission can consider the parking needs of the inhabitants of the building and the projected impacts that a proposal will have on theon-street parking spaces in the neighborhood in setting the required parking for a property. The Planning Staff agrees with the Applicant's assertion that the legalizing the bandit unit as an affordable housing unit will likely not have much of an impact on the demand for parking within the development since the unit has been in existence for quite some time. Additionally, Staff does not see where there is any room to possibly provide additional parking on the site. The Commission could require the Applicant to pay cash-in-lieu for the additional parking space that would be required by the land use code's parking requirements for the additional unit, which would amount to $30,000. However, Staff believes that because there really will not be any excess demand for parking since the unit already has existed in the building for over twenty years, Staff does not believe that the cash-in-lieu requirement is warranted. Growth Manaf!ement Approvals Continf!ent Upon Code Amendment: The land use approvals being sought as part of this application to legalize the proposed affordable housing unit can only be approved contingent upon the code amendment that the Planning and Zoning Commission reviewed at the last meeting being finally approved by City Council. Staff has included this requirement in proposed resolution. Consolidated Conceptual/Final PUD.' The Applicant has requested a consolidated conceptual/final PUD to add some gable roof elements to areas of the existing flat roof and for the addition of height to the existing 3 r". '- ... .... chimneys. As was briefly discussed earlier in this memorandum, a PUD is necessary to construct these roof elements because the existing building is over the height limit and the proposed roof elements would increase the already non-conforming height of the building. The Applicant has indicated that the gable roof elements and chimneys are being proposed to modernize the structure and improve the aesthetics of the design. Overall, the proposed changes to the roof line of the building would increase the overall height as measured by the City Land Use Code's height methodology by approximately four and a half feet to an overall height of about 44 feet 6 inches (existing elevations are attached as Exhibit "C"). Staff was somewhat split on our opinions as to whether there is a public benefit to improving the aesthetics of a condominium building that is already non-conforming related to its dimensional requirements. Some members of Staff feel, that there is public benefit to allowing for a condominium building to be retrofitted with an updated, modernized look to provide a more visually interesting building. Others on Staff believe that there is no public benefit in allowing for an already non-conforming free-market residential building to modernize and prolong its lifespan as a non-conforming building. That said, the majority of the planning staff members do not believe that the proposed roof improvements, with the exception of the chimney elements, will push the building out of scale with the buildings in the immediate neighborhood, which are some of the largest buildings within the community. However, there was a consensus amongst Staff that the chimney elements are somewhat overbearing and should be reduced in scale if the Planning and Zoning Commission is inclined to recommend approval on the PUD portion of this application. REFERRAL AGENCY COMMENTS: The City of Aspen Building Department and the Aspen/Pitkin County Housing Authority have reviewed the proposal and their comments have been included as conditions or approval as deemed appropriate. RECOMMENDATION: Staff believes that the proposed request to convert the bandit unit into a deed- restricted, Category 4 rental unit meets the applicable review standards. As was also discussed throughout this memorandum, there was not a consensus amongst Staff about whether it was appropriate to allow for the proposed roof improvements to further increase the height of the building beyond the height limit in the underlying Lodge Zone District. There was consensus amongst Staff that the larger chimney elements are somewhat overbearing and should be reduced in scale to the existing size. Staff would recommend that if the Commission is inclined to approve the PUD request that a condition be added to the proposed resolution requiring that the chimneys be reduced in height and scale. The resolution that is attached represents the design as proposed. 4 tI'" \.,...- #" -.... ~'" RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Resolution No. :24, Series of 2006, approving with conditions, the Lift One Condominiums growth management review for the development of affordable housing and special review to establish the existing off-street parking as the required parking to convert the bandit dwelling unit known as Unit 109 into a deed-restricted, Category 4 affordable housing unit, and recommending that the City Council approve a consolidated conceptual/final PUD to construct the gable roof and chimney improvements as proposed. >> ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Existing Elevations 5 r'" ......... RESOLUTION NO. J)JI (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE CONVERSION OF UNIT 109 IN THE LIFT ONE CONDOMINIUMS TO A DEED-RESTRICTED AFFORDABLE HOUSING UNIT, AND RECOMMENDING THAT CITY COUNCIL APPROVE A CONSOLIDATED CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF IMPROVEMENTS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received an application from the Lift One Condominium Association, owners, represented by Paul Taddune, requesting approval of a growth management review for the development of affordable housing, special review to establish the parking requirements, and a code amendment to the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit, and a consolidated conceptual/final PUD application to construct gable roof and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen; and, WHEREAS, the proposed code amendment to the Lodge Zone District is being reviewed separately from the other land use actions being reviewed; and, WHEREAS, pursuant to the applicable sections of the land use code, the Community Development Director has reviewed the requested land use actions and recommended approval, with the conditions of approval contained herein; and, WHEREAS, during a continued public hearing on June 6, 2006, the Planning and Zoning Commission approved Resolution No~, Series of 2006, by a _ to _ L---.J vote, approving with conditions, a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit, and recommending that City Council approve a consolidated conceptual/final PUD to construct gable roof and chimney improvements to the Lift One Condominiums, City and Townsite of Aspen; and, 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit and recommending that City Council approve a consolidated conceptuaVfinal PUD to construct gable roof and chimney improvements to the Lift One Condominiums, subject to the conditions contained herein. Section 2: Final PUD Plans A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: A. A drawing representing the project's architectural character. Section 3: Affordable Housinl!: Unit 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 classifying the affordable housing unit as a Category 4 unit at the time of recordation of an amended condominium plat identifying the unit as a legal dwelling unit. The Condominium Declaration shall also be amended to reflect the unit and shall include language providing for the potential of the affordable housing 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 in conjunction with recording a deed-restriction on the affordable housing unit. The affordable housing unit may be deed-restricted as a rental unit, but the unit shall become an ownership unit at such time as the owners 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 unit is ever converted to a "for-sale" unit, the unit's homeowners' association dues shall be a percentage of the free-market residential units' dues equal to the unit's market value compared to that of the free-market residential units' market value in the complex. ,,-., '-" "...., - Section 4: Special Review for Off-Street Parkin!!. The off-street parking requirement for the site shall be hereby established as the existing twenty-two (22) off-street parking spaces. Section 5: Approval Contin!!.ent Upon Code Amendment The land use approvals related to the creation of the affordable housing unit granted herein shall be contingent upon City Council's final adoption of the code amendment to remove the minimum lot area per dwelling unit requirement that has been applied for in conjunction with the growth management review and special review associated with this application. Section 6: Amendment to Condominium Plat and Declaration As is described in Section 2 above, the Applicant shall record an amended condominium plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit. Section 7: Up!!.rade Dwellin!!. Unit Separation The affordable housing unit's dwelling unit separation shall be upgraded to meet the requirements of the International Building Code, Compliance with this requirement shall be reviewed by the City Building Department prior to issuance of a certificate of occupancy for the unit. Section 8: 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, 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 9: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen by a _ to L---.J vote on this 6th day of June, 2006. ",.~-.. ,.... APPROVED AS TO FORM: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk ...."" - PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair ,.... ....... - -- EXHIBIT "A" Growth Management: Affordable Housing REVIEW CRITERIA & STAFF FINDINGS Affordable Housing. The development of affordable housing deed restricted in accordance with the AspenlPitkin 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. Staff Finding Staff finds that there are enough allotments available for the one proposed affordable housing unit in that the number of affordable housing units that exist in the community is approximately 800 units below the development ceiling established in the growth management section of the land use code. There is also no annual development limit on affordable housing units established in the land use code. Staff finds this criterion to be met. b) The proposed development is consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposed development is consistent with the Housing goals and objectives established in the AACP. Specifically, Staff feels that the application is consistent with the Aspen Area Community Plan (AACP) in that it provides an affordable housing unit that is in close proximity and within walking distance to the Commercial Core and Aspen Mountain, Additionally, the proposed affordable housing unit is located within a free-market residential building that integrates the types of housing as is encouraged in the AACP's Housing Section, Staff finds this criterion to be met. 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 Authority may choose to hold a public hearing with the Board of Directors. Staff Finding The Housing Authority has reviewed the proposed unit and indicated that the unit meets the requirements of the Aspen/Pitkin County Housing Guidelines. Please see the Housing Authority's referral comments attached as Exhibit "C". 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 Aspen/Pitkin County Housing Authority. Required affordable housing may be provided through a mix of these methods. Staff Finding The Applicant is not proposing for this unit to serve as affordable housing mitigation. Staff finds this criterion not to be applicable. 6 ""'"' "" ....... -~--' 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 AUorney, ensures permanent affordability of the units. Staff Finding The proposed affordable housing unit shall be deed restricted as Category 4 rental unit. Staff has provided a condition of approval in the proposed resolution requiring that the Applicant deed 1/10 of one percent of the ownership in the unit to the Housing Authority in order to satisfY the rent control legislation that is in place. Staff has further proposed a condition requiring that the rental unit be sold through the Affordable Housing Lottery if they are deemed to be out of compliance with the Housing Authority's occupancy guidelines for more than one year. Staff finds this criterion to be met. 7 ,.,..., .......- r';' ,-.,#, Special Review: Off-Street Parking REVIEW CRITERIA & STAFF FINDINGS Special Review Standards. A Special Review for establishing, varying, or waiving off- street parking requirements may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts onto the on-street parking of the neighborhood, the proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Staff Finding Staff believes that there will not be an additional impact on the off-street parking demand of the complex by converting the existing bandit dwelling unit into a deed-restricted affordable housing unit since the unit has existed on the site since the mid-1970s, Additionally, the development is within close proximity to the commercial core and Aspen Mountain, reducing the need for personal transportation, Staff finds this criterion to be met 2. An on-site parking solution meeting the requirement is practically difficult or results in an undesirable development scenario. Staff Finding Staff does believe that it would be impossible to provide an additional off-street parking space given that the site has been fully developed. Staff finds this criterion to be met. 3. Existing or planned on-site or off-site parking facilities adequately serve the needs of the development, including the availability of street parking. StaffPinding Staff believes that the existing on-site parking facilities are not really sufficient to serve the needs of the existing development. That being said, Staff does not believe that the conversion of the existing bandit dwelling unit to a deed-restricted affordable housing unit will worsen the situation as was described in Staffs response to review standard No, I above. 8 ,.... - " ",-,./ PLANNED UNIT DEVELOPMENT (PUD) REVIEW CRITERIA & STAFF FINDINGS In accordance with Section 26.445,050 of the Land Use Code, an application requesting conceptual PUD approval requires that the following review standards be met. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff feels that the proposal to add gable roof elements to the Lift One Condominiums is consistent with several of the goals and objectives of the AACP. First, the proposed gable roof elements improve the complex's design quality as is encourage in the "design quality" section of the AACP. Second, Staff feels that the plan to modernize the existing building is consistent with the AACP's action plan objective of supporting the restoration of existing buildings. However, there were some on Staff that feel that there is no public benefit to modernizing and prolonging the lifespan of a building that is non-conforming. Staff could not reach a consensus on finding this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The proposed PUD request does not alter the use of the existing building and the existing use of residential units, many of which are rented on a short-term basis, is consistent with the land uses in the immediate vicinity. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Pinding Staff does not believe that the proposed request will adversely affect the future development of the surrounding properties. Therefore, Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The proposed PUD request to provide the roofline changes do not increase the free-market residential FAR of the structure or number of free-market residential units and is exempt from GMQS. Staff finds this criterion not to be applicable to this PUD request. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the 9 - , '- ...., '"~ PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development paUerns shall be emphasized. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The only dimensional requirement that is being altered by the proposed PUD is the allowable height of the building. The building is already over the permitted height limit in the zone district and the roofline changes to the proposed building only cause a minor change in the height of the building as is measured by the City Land Use Code's building height methodology. Some members of the Planning Staff believe that the proposed gable roof elements are a positive change to the design of the building and the new height limit is consistent with many of the multi-family and lodging structures at the base of Aspen Mountain in the immediate neighborhood. Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow for a non-conforming building to prolong it's lifespan through modernizing the exterior look if the modernization increases the extent to which it is not consistent with the dimensional requirements of the zone district in which it is located. That said, the Staff feels that the chimney structures are somewhat overbearing and are not consistent with the character of structures in the immediate vicinity. Staff could not reach a consensus on finding this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. StaffPinding The only dimensional requirement that is being altered by the proposed PUD is the allowable height of the building. The building is already over the permitted height limit in the zone district and the roofline changes to the proposed building only cause a minor change in the height of the building as is measured by the City Land Use Code's building height methodology. Some members of the Planning Staff believe that the proposed gable roof elements are a positive change to the design of the building and the new height limit is consistent with many of the multi-family and lodging structures at the base of Aspen Mountain in the immediate neighborhood. Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow for a non-conforming building to prolong it's lifespan through modernizing the exterior look if the modernization increases the extent to which it is not consistent with the dimensional 10 ,- "-' " .......... requirements of the zone district in which it is located. That said, the Staff feels that the chimney structures are somewhat overbearing and are not consistent with the character of structures in the immediate vicinity. Staff could not reach a consensus on finding this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The proposed PUD request does not alter the number of off-street parking spaces. Staff finds this criterion not to be applicable to this request. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The Applicant is not requesting to reduce the density of the project. Staff finds this criterion not to be applicable to this request. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility ofmudflow, rockfalls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. II .- '-' ...".....~ ".,~,,J' Staff Finding The Applicant is not requesting to reduce the density of the project. Staff finds this criterion not to be applicable to this request. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development paUern is compatible with its surrounding development pauerns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development paUern compatible with, and complimentary to, the surrounding existing and expected development pauern, land uses, and characteristics. Staff Finding The Applicants are not requesting to increase the allowable density through the proposed PUD. Staff finds this criterion not to be applicable to this request. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. StaffPinding The proposed PUD request does not alter natural features on the site. Staff does believe that the proposed roof elements, with the exception of the chimney elements, will increase the visual interest of the building, which is the primary man-made feature on the site. Staff finds this criterion to be met if the chimney elements are reduced in size or removed. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding There is only one building on the parcel and it is an existing building. The siting of the building is not being altered by the proposed PUD request. Staff finds this criterion not to be applicable to this request. 12 ,t?"'-"'-, ,../ 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. StaffPinding The proposal is not altering the orientation of the building. However, Staff does believe that the proposed roof alterations with improve the visual interest of the structure. Staff finds this criterion to be met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding The proposed PUD does not alter the emergency access ways to the building. Staff finds this criterion not to be applicable to the request. 5. Adequate pedestrian and handicapped access is provided. Staff Finding The proposed PUD does not alter the handicapped access to the building. Staff finds this criterion not to be applicable to the request. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding Staff believes that the proposal does not provide an increase in the amount of impervious land on the development parcels. That said, the Applicant is required to submit a site drainage plan that has been designed in a manner that ensures that historic drainage rates will not be increased as a result of the proposed PUD. A professionally licensed engineer shall design this drainage plan and will be required prior to submittal for a building permit. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately de- signed to accommodate any programmatic functions associated with the use. Staff Finding The proposed PUD does not alter the programmatic spaces between the existing buildings. Therefore, Staff finds this criterion not to be applicable to this request. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with thefollowing: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 13 1'" .- 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The proposed PUD does not alter any landscaping on the site. Staff finds these criteria not to be applicable to this PUD request D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other auributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding Please see Staff's comments related to the proposed massing in the response to PUD Review Standard B(2) above. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding The proposed PUD does not alter the building's ability to use natural heating and cooling systems. Staff finds this criterion not to be applicable to this request. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. StaffPinding The Applicants have proposed appropriate shielding of snow, ice, and water from the entrances by providing canopies with snow guards over the entranceways. Staff finds this criterion to be met. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 14 r'C,,", ',"" 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. Staff Finding The Applicant is required to, and have consented to meet the City of Aspen Lighting Code for any exterior lighting that is proposed, Therefore, the proposed development will be lighted in a manner that will not provide direct glare on adjoining streets or property. The Applicant will be required to submit a detailed exterior lighting plan to the City Zoning Officer prior to building permit issuance, Staff believes that the Applicant's required compliance with the City Lighting Code ensures that the development will be lighted in an appropriate manner. Staff finds this criterion to be met 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate aUention to the property is prohibited for residential development. StaffPinding The Applicant has committed to meet the City of Aspen Lighting Code on the building. Staff finds this criterion to be met. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. StaffPinding The Applicant is not proposing to alter any common park or open space on the site, Staff finds this criterion not to be applicable to this request. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding The Applicant is not proposing to alter any common park or open space on'the site. Staff finds this criterion not to be applicable to this request. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development Staff Finding The Applicant is not proposing to alter any common park or open space on the site. Staff finds this criterion not to be applicable to this request 15 '"'-" , - H. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. StaffPinding Staff believes that the proposed PUD request does not impose undue burden on the City's infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding Staff believes that the proposed PUD request does not impose undue burden on the City's infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the adduionalimprovement. Staff Finding The Applicant is not proposing to install oversized utilities or public facilities and it is not anticipated that the Applicant will be required by the City to provide oversized utilities. Staff does not find this criterion to be applicable to this application. I. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. StaffPinding The Applicant has not proposed to alter the existing access to a public street. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding Please see Staffs response to PUD Review Standard 1(2) above. 16 - ~ J. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2, The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. StaffPinding The Applicants are not proposing to phase the construction. Therefore, Staff finds this criterion not to be applicable. 17 c -., ....." LAW OFFICES OF PAULJ. TADDUNE, P.c. PAULJ. TADDUNE AFFILIATED OFFICE 323 WEST MAIN STREET, SUITE 301 ASPEN, COLORADO 81611 TELEPHONE (970) 925-9190 TELEFAX (970) 925-9199 INTERNET: taddune@compuserve.com FOWLER, SCHIMBERG & FLANAGAN, r.c. 1640 GRANT STREET, SUITE 300 DENVER, COLORADO 80203 TELEPHONE (303) 298-S603 TELEFAX (303) 29S-S748 ...-"" .'" ,- ,-,~ WILLIAM GUEST, OF COUNSEL March 31, 2006 f>,I'R 0 4: 2006 p:>:>[N 1'::T;~r~I"~' "':N1 BUlLe:}.,',.) i'}C.~' ".. Janles Lindt Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Lift One Condominiums Dear James: This is to follow-up on our telephone conferences concerning Lift One Condominiums' application for exemption from Growth Management for creation of an affordable housing unit, specifically with regard to the size ofthe unit. As we have discussed, the unit is intended to be a two bedroom unit of950 square feet. A depiction prepared by Caudill Gustafson is attached. Please call if you have any additional questions. Very truly yours, PAUL J. TADDUNE, P,C. ~ Paul J. Taddune PJT: owl Enclosure C:\wp\PJ1\Lelters\Lindt.James.3.28.06.wpd I ~~'IU ~~ ,"0 '" o o C :J ;:::;: I ( ::0 CD :J o < OJ - o' :J r I i I I .... o (0 .... .... o r o 0- 0- '< () o :J II ill ~I o ~I (J) i '" < ,D ;:: l!j u o 0 ! ~,~ ::0 ~ CD ,,' :J .~~ o "-'-.I < OJ - o' :J o Q) '" -c CD "- 3 o c " Iii or ~ ~ o :J III o o :J C. o ~. :::l -. c: 3 CIl ~ :J o < III ::!: o :J c 1'"'\ -.....I LAW OFFICES OF PAULJ. TADDUNE, P.e. PAULJ. TADDUNE AFFILIATED OFFICE 323 WEST MAIN STREET, SUITE 301 ASPEN, COLORADO 81611 TELEPHONE (970) 925-9190 TELEFAX (970) 925-9199 INTERNET: taddune@compuserve.com FOWLER, SCHIMBERG & FLANAGAN, r.c. 1640 GRANT STREET, SUITE 300 DENVER, COLORADO 80203 TELEPHONE (303) 298-8603 TELEFAX (303) 298-874S WILLIAM GUEST, OF COUNSEL April 28, 2006 City of Aspen Community Development Department Attn: James Lindt, Senior Planner 130 South Galena Street, Third Ploor Aspen, CO 81611 Re: Lift One Condominiums: Amendment to Existing PUD Application to Allow Parapets Dear Mr. Lindt: Please accept this letter and the enclosed materials as an amendment and supplement to the pending application submitted on February 14, 2006 by Lift One Condominium Association, Inc. (the "Association") for Planned Unit Development (PUD) approval to permit the installation of parapets as reflected on the enclosed architectural renderings. In connection with the existing application the Association desires to implement its modernization program for the exterior of the Lift One Condominiums, located at 131 East Durant Avenue, Aspen, Colorado. This amendment and supplement is submitted for the purpose of allowing the parapets to be constructed in excess of the existing height to accomplish a higher quality of design, variety and character to the exterior Lift One Condominiums. The Lift One Condominiums were created as a residential and tourist condominium project pursuant to the Condominium Map for Lift One Condominiums, recorded November 17, 1972 in Book 4, Page 312, Pitkin County real estate records. It is located on a parcel of land within the Lodge District that is greater than twenty seven thousand (27,000) square feet. The Association requests Consolidated Conceptual and Pinal Review (Two-Step Review) in accordance with Section B.2. of Section 26.445,030 of the Land Use Code. Submitted herewith are an original and 30 copies of the following: I, Land Use Application, 2. Agreement for Payment of City of Aspen Development Application Fees. c o City of Aspen Community Development Department April 28, 2006 Page 2 3. Completed Dimensional Requirements Porm <Attachment 3 in Land Use Application Packet). 4. The Applicant's name, address and telephone number are: Lift One Condominium Association 131 East Durant Avenue Aspen, CO 81611 Telephone no,: (970) 925-1670 Applicant's Representative: PaulJ. Taddune,P,C. 323 West Main Street, Suite 301 Aspen, CO 81611 Telephone no.: (970) 925-9190 Facsimile no.: (970) 925-9199 E-mail: taddune(al.compuserve.com 5. Letter of authorization from Lift One Condominium Association, Inc. 6, City of Aspen Pre-Application Conference Summary. 7. 8-1/2 x II Vicinity Map. 8. Site Improvement Survey. Attached is the Condominium Map and a square footage calculation, This will be confirmed by a current survey that will be submitted soon after it is updated. 9. List of Adjacent Property Owners. 10. Copy of Stewart Title Company Commitment. I L Elevations showing parapets. c :) City of Aspen Community Development Department April 28, 2006 Page 3 The proposed project complies with the general review standards of Section A of 26.445.050 of the Land Use Code as follows: a, The proposed parapets are consistent with the Aspen Area Community Plan. Specifically, the addition of parapets is intended to retain and encourage an eccletic mix of design styles to maintain and enhance the special character of the community (see page 43 of2000 Aspen Area Community Plan). b. The proposed parapets are consistent with the character of existing land uses in the surrounding area and the trend in the community to modernize. c. The proposed parapets will not adversely affect the future development of the surrounding area, Rather, the parapets will harmonize the Lift One Condominiums with existing and proposed future development d, There will be no increase in FAR; therefore GMQS allotment requirements are not applicable. The proposed parapets meet the dimensional requirements of Section B of Section 26.445.050 as follows: a. Other than the increase in height for the parapets, there will be no other impact on the dimensional requirements of the Lift One Condominiums. It is believed that the character of the building will be substantially improved if the parapets are added. b, There will be no other impact on the dimensional requirements except for an enhancement of character, the scale, massing, of open space; therefore, site coverage will remain unchanged. c, There will be no effect on off street parking. d, There will be no impact on existing infrastructure capability. e, There will be no impact on existing infrastructure capability. f. There will be no impact on existing infrastructure capability. c .~ City of Aspen Community Development Department April 28, 2006 Page 4 g. There will be no effect on density. h, The proposed parapets meet the design requirements of Section C of Section 26.445.050 as follows: . The parapets will provide a more unique and more visually interesting appearance to Lift One Condominiums. No additional structures are proposed; therefore, the requirements of Subsections C2 through C7 are inapplicable. . The landscape requirements of Section D of Section 26.445,050 are inapplicable. . The parapets meet the architectural character standards of Section 26.445.050 E. because the proposed parapets are designed to encourage architectural interest, variety, character and visual identity, . The proposed parapets meet the dimensional requirements of Section 26.445.050 as concerns lighting, because the exterior lighting will be in compliance with the outdoor lighting standards. The proposed standards of Section 26.445.050 G. H. 1. J. are inapplicable to this application. Also enclosed herewith is the applicant's check in the amount of$2896,00 as the initial fee and a CD with all pertinent documents. rfyou need any additional information, please feel free to contact me. Very truly yours, PAULJ. TADDUNE, P.C. ~ Paul J. Taddune ~ PJT:nwt cc: Lift One Condominium Association Enclosures C:lwp/PJT/Letters/Lift One.Ltr to James Lindt.4.5.06 " -- , -' ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Location: Lift One Condominium Association, Inc. 131 East Durant Avenue, Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) 273513110025 Name: Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Address: Paul J. Taddune 323 West Main Street, Suite 301, Aspen, CO 81611 Phone #: 970-925-9190 PROJECT: Name: Address: Lift One Condominium Association 131 East Durant Avenue, Aspen, CO 81611 Phone #: 970-925-1670 TYPE OF ApPLICATION: (please check all that apply): D Conditional Use D Conceptual PUD D Conceptual Historic Devt. D Special Review IKJ Final PUD (& PUD Amendment) D Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision D Historic Designation D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split D Temporary Use D Other: D Lot Line Adiustment D TexVMap Amendment rovals, etc,) The Lift One Condominiums project was created by a condominium map filed of record on November 17, 1972 at Book 4, Page 315, Pitkin County real estate records PUD approval to allow construction of roof parapets in excess of height limit on top of existing Lift One Condominium buildings Have you attached the following? FEES DUE: $ 2,896 Q8 Pre-Application Conference Summary Q8 Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Fonn ~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Fonnat) must be submitted as part ofthe application. 04/27/2005 03:55 1 CAROLE BERHORST PAGE 02/02 ,,;<1"", ......".... CITY OF ASPEN COMMUNllY DEVELOPMENT DEPARTMENT Am-c!om...t for Pavmellt of CItv of Amen Develolllllent ADDlialtioll F_ CITY OF ASPEN (hereIIl&fterCITY):md Li.ft: On" CondcminlUlll Assoc:ii!lt:ion, Inc;. (hemna!lel: APPLICANT) AGlUSll AS FOLLOWS: \. APPLICANThaHllbmi1led to CITY anappHcatlOIl for POD appx-ovaJ. to allow parapets to be constructed in oxcass ot axistinq heiqht (herelnafter, nm PROJECT), 2. APPLICANT UlIdem:andll and agrees that CIty of Aspen Ordinance No. 57 (Seriel of 20(0) estabUaheo . fee _ for Land Ule applicaliOll! and the pa>=t of all processing foe.R \s a condition precedent to a detamination of appllcaliOll. completeness. 3, APPLICANT and CITY agree tbat beca_ of the size, nlllllm or s~ of the proposed project, it is not pc..."I. at this time 00 ueenain the fuU OXlell\ of the COIlO involved in processlllg the application. APPLICANT and CITY lIlrtIter agree thai it is in the iDtornIt oftlt. parties th.at APPLICANT zmke ~ ofau initial dcpolit and to therelllter petmit addilioll8i COSlS to be billed 10 Al>PLICANT on a moft1ldy basis, APPUCANT agnl09 additiOlllll rom may .0ClUe follawing tlIeir heari!lg8 and/or approval.. APPLICANT agroes lie Will be: bcDeUted by remmma gmlter cash liquidity lIIld Will make additionol payments lIpOIl notUicalion by the CITY wben thoy at<: 1IC0Cl"'"l)' as costs ate inClllTed, CITY agrees it Will be benefited through the greOler cerlllimy ofreoav..u.g ill; full costs to prooe9S APPLICANT'S appa..tion. 4. CITY and APPLICANT filrther agree that it is imprscti<:able for CITY Jtaif to complr:t.. proceSSing oc present sufficient Int'onnation to !he Planning cOmmlssion anellor City Council to enabIo the PbDning Commi..ion and/or City COllnQil to malce legally required liDdinzs fur proj~1 consideration, unl.., eumnl billings ""' paid in full prior 10 <lecisi"", 5, Therefore, APPLICANT ogrns that in consideration of the CITY's waiver of Ita riPt to collect full feea prior 10 a dolJelminadOll of applic8lion completeness, APPUCANT shall pay an initial deposlt in the a!lloUlltof$ 2896.00 wbicb is for __hOUlS of Community Development slllittime, lllId if 1I01ullJ ....onled costs Oltceed tho initlal deposit, Al'PUCANT sball pay additiooal montllly billings to CITY to reimburse the CITY for the ~ of the application mendoned above, includlnil pO<t approval review at a rate of$220,00 per planner hour over the initiel deposit. Such periodic p.aymonts shall be: made Within 30 days of the bUllna elate. Al'PLICANT further agrees dlat falblre to pay sucb occrued 008t8 shall bo groands fOr llDSpllIISion of PI'OOe9Sing, and in %lO case wm buildillg penoita bo Istlreel unlll 011 costs associatad Wilh case prooeo.lng bav. been paid. an OF ASPEN By: Chris Hendon Community D....tlopllll!t1t DIndor ~t Qr~ By: .::1"lt1I4,'f' (!~-"HaIl.ArJ ~.;oc.."6"'A..t" Date: /';F./' :21) .)o~t.. BiD To MoJIlnrr Addr... and Telephone Number: 131 Ji:ast DuX-ant Avenue Aspen, CO 81611 Telephone: 970-925-1670 g:\onpportltormslagrpayas.doc 02Ill11ll6 L 'dRec~Jy.ed .Time Apr,27. 3:29PM moovl ln~~ Wrl/i:~ Qonz 'IZ'JdW APR 27 '06 09:21AM CA~DILL GUSTAFSON ARCHITECTS PC . , , ATTAcHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Lwr ~E ~~~t>>\~ Applicant: -------Ll f'r r: Cl--I~l~ J. ~ Location: ~ . zone~~~:; ~~rf~'A.L-. Lot Area: ~ 'f~ (for the putposes 0 calculating FloOT Area. Lot Area may be redueed for areas Within the high WIlleT mazk, easements, and steep slopes. Please refer to the definition of Lot Area in the Munioipal Code.) Principal bldg. height: Access. bldg. height: On-Site parlcing: % Site coverage: % Open Space: Front Setback: Rear Setback: , Combined FIR: Side Setback: Side Setback: Combined Sides: Distsnce Between Buildings P.2/2 t- Existing~AllawQble~ Proposed:--Ji./A=- Exisrillg:z:11_7~' 1: Allowable.- ?'h' Proposed: ' Existing:~Alluwable: Proposed: &isting:~equired:J<S ~roposed.' 2\ ~P!", &i$ting:--1:L/A.--Required: Proposed: Existing: --d{!:..-ReqUired: Proposed' Exisring.' -F> 'Required: 5 I Proposed: N/A I Existing: 5' Requi?~d: 6' Proposed: ~/A Existing:--1IL-Required: 16 I Proposed: ~A Existing: -5' Required: 5 ' Proposed: 'f4 Existing: -5 I Required: 6 ' Proposed: 1f Existing: 10' Required: Jt') I Proposed: /t/ A- &istiJlg /7 '-0.'1- Required: !'roposed.' ",.;4 Existing non-conformities or encroachments: Commercial net leasable: Existing: JJ I A Proposed:_ Number of residential units: Existing: ~ Proposed: Number of bedrooms: Exisn},g: . "1 (') Proposed: Proposed % of demolition (Historic properties on1y~:~ DIMENSIONS: Floor Area: Variations requested: 7 . J 1 r\ t'7. nIl Received Tile Apr.27. IO:20AM '~lnnmJ I .,n\.u 1~IJOI'7 nr.r.7.71.)tiIJ ~ """"" "", 1 CAROLE BEW- ,T PAGE 1'11/1'12 LIFT ONE CONDOMINIUM ASSOCIATION, INC. 131 EAST DURANT AVENUE ASPEN, COLORADO 81611 (970) 925-1670 April 27, 2006 City of Aspen Community Development 130 South Galena Street, Tlritd Floor Aspen, CO 81611 Re: Lift One Condominiums: PUD Appllclltion to AUaw PtlrIIpets To WhCQ It May Concern: Please accept this letter as autb.oriza%ion for the submission of an application for Pllllllled Unit Development (PUD) approval to permit the installation of parapets to be constructed in C>\cess of existing height !() accomplish a higher quality of design, variety and ch8factef to the exterior of Lift One Condominiums, located at 113 East Durant Avenue, Aspen, Colorado, "s set forth in the llttaehed letter from Paul Taddune. The submission of the applioation has been Il.uthorizc:d by the Board of Managers and the membership of the Lift One Condominium AsllOCiation, Inc. Mr. TaddWle is authorized to represent the A$sociation with regard to this application. Ve:ry truly yours, LIFT ONE CONDOMINIUM ASSOCIATION, INC. P1T:nwt Enclosures C;\wplFmLou.n\l1ft l.CQmmunily Dt:veI_t4.I;L2006 7 'JReceived Time Apr.27. 3:29PM ""l^"~" I ,^" I PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: ,,- -- , , CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY James Lindt, 429-2763 DATE: 4/5/06 Lift 1 Condominiums- Consolidated Conceptual/Final PUD Paul T addune Lift One Condominium Association Consolidated Conceptual/Final PUD The Applicant would like to construct a parapet wall on the top of the existing Lift I Condominium Building located at 131 E Durant Avenue to improve the aesthetics of the complex, A PUD is needed to establish the allowable height for the structure as being different from that of the underlying zone district since the existing building already exceeds the height limit in the underlying zone district and the proposed parapet walls would increase the height of the building. According to the Applicant, the property is at least 27,000 square feet and has a right to go through the PUD process pursuant to Land Use Code Section 26.445, Planned Unit Developmenl- The Applicant will have to provide a survey showing that the property exceeds 27,000 square feet as part of the application. If the property were not to be at least 27,000 square feet, the Applicant would have to first obtain the Community Development Director's consent to apply through the PUD review process prior to submitting for the PUD review process pursuant to Land Use Code Section 26.445.020, PUD: Applicability. If the parcel is greater than 27,000 square feet, Staff hereby allows for the conceptual and final PUD reviews to be consolidated into a two-step review process because of the anticipated limited extent of issues involved in the PUD. Applicable Code Sections: 26.304 Common Development Review Procedures 26.445 Planned Unit Development Review by: Public Hearing: Planning Fees: Referral Agency Fees: Total Deposit: Staff for complete application, referral agencies for technical considerations (Engineering), Planning and Zoning Commission for recommendation to City Council on the PUD request. City Council for final review of the proposed PUD request. Yes at P & Z and at 2nd Reading of the Ordinance before City CounciL $2,700 Deposit for 12 hours of staff time (additional staff time required is billed at $225 per hour) $196 $2,896 To apply, submit the following information: I, Total Deposit for review of application. 2. Completed Land Use Application, 3. Signed fee agreement. 4. Completed Dimensional Requirements Form (Attachment 2 in Land Use Application Packet). 5. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant 6. Letter from the Condominium Association demonstrating ability to apply. 7. Pre-application Conference Summary. - "- 8, An 8 1/2" x II" vicinity map locating the subject property within the City of Aspen. 9, Site improvement survey by a licensed survey showing that the property is over 27,000 square feet (threshold for being reviewed through the PUD review process, 10, Existing and proposed elevation drawings, 11. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 2!LCopies of the complete application packet (items 4-11) 12, List of adjacent property owners within 300' for public hearing, The GIS department can provide this list on mailing labels for a small fee, 9205453 13, Copies of prior approvals. ]4. Applications shall be provided in paper fonnat (number of copies noted above) as well as the text only on either of the following digital fonnals- Compact Disk (CD)-preferred, Zip Disk or Floppy Disk, Microsoft Word fonnat is preferred, Text fonnat easily convertible to Word is acceptable. Process: Apply, Planner will then check the application for completeness, Application is referred to applicable referral agencies and the Applicant is given a public hearing date by Staff. Staff writes a memo ofrecommendation to the Planning and Zoning Commission and City CounciL The Planning and Zoning Commission reviews case and makes a final determination to City Council at a public hearing, City Council then will review the application and make determination on the PUD request via an ordinance, Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City, The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate, The summary does not create a legal or vested right '";i' e.ct (N) R ' J M' n , a u n ,p 1 113 MAP KEY . . ~"~<\',^, ^ - '. 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CO 81611 BRITTON CARl PO BOX 12131 ASPEN, CO 81612 CABELL JOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CARLSON KEITH 101 E COOPER #302 ASPEN, CO 81611 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COLEMAN ISAIAH PO BOX 11239 ASPEN, CO 81612 A1I3^,f-O!)-008-~ - @ AVERY@ 5160@ ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 ASPEN LAND FUND II LLC 302 E HOPKINS AVE ASPEN,CO 81611 BENT FORK LLC C/O FESUS GEORGE POBOX 9197 ASPEN. CO 81612 BRENNAN JACQUELINE NANCY 31 TRAINORS LANDING ASPEN, CO 81611 BROWNELL LORRAINE B 1030 SECOND ST MORGAN CITY, LA 70380 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO- 80220 CARRUTHERS MARILYN 101 E COOPER #301 ASPEN, CO 81611 CHRISPAT ASPEN LLC CHRISTINE FERER 1107 FIFTH AVE NEW YORK, NY 10128 COHEN ARTHUR S IBSEN 72 MEXICO CITY MEXICO, 11560 CROCKETT RUFUS PO BOX 3837 ASPEN, CO 81612 @09 ~s 3l'<f1dW31 ~a^"t;/ asn Impression antibourrage et il secha!j,ljor,apide Utilisez Ie gabarit 5160@ CROW MARGERY K & PETER D 46103 HIGHWAY 6 & 24 GlENWOOD SPRINGS, CO 81601 DANCING BEAR LAND llC 124 ANNAPOLIS IN PONTE VERDA, Fl 32082 DUNN STEVEN G 107 JUAN ST ASPEN, CO 81611 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 FELDMAN SELMA 300 S POINTE DR APT 2403 MIAMI BEACH, Fl 33139-7329 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GEORGIEFF KATHERINE TRUSTEE OF THE KATHERINE GEORGIEFF REVOCABLE LIVING TRS #11 TOPPING IN ST lOUIS, MO 63131 GOLDSMITH ADAM D PO BOX 9069 ASPEN, CO 81612 HElM WilLIAM D 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HERRON SANDRA A 119 E COOPER AVE APT 19 ASPEN. CO 81611-1761 ~ - www.avery.com 1-80D-GO-A\ . - CYS RICHARD l AND KAREN l 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DOLlNSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 ELLIS DIANA l ROQUE TRUSTEE 13320 MULHOLLAND DR BEVERLY HillS, CA 90210 FARINO CAROL PO BOX 10421 ASPEN, CO 81612 FLETCHER KAREN K & JAY R PO BOX 3476 ASPEN, CO 81612 FUQUA ALVAH D JR & DIANNE l 446 LAKE SHORE DR SUNSET BEACH, NC 28468 GillESPIE JOHN E REVOCABLE TRUST 775 GUlFSHORE DR #4219 DESTIN, Fl 32541 GUBSER NICHOLAS J PO BOX 870 ASPEN, CO 81612 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 Hill EUGEN DUBOSE III & JOAN LUISE TRST PO BOX 129 PRIDES CROSSING, MA 01965 IU~AW_I"\t\_nnO_1 ~ AVERY@ 5160@ CZAJKOWSKI MICHAEL CZAJKOWSKI SANDRA J 90 LA SAllE ST APT 16G NEW YORK. NY 10027 DONCER JOYCE TRUST 7641 W 123RD Pl PALOS HEIGHTS, Il 60463 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FARR BRUCE K & GAil H PO BOX 5142 ASPEN, CO 81612 FOX THOMAS H 119 E COOPER AVE ASPEN. CO 81611 GARMISCH llC C/O MIE PROPERTIES 2560 lORD BALTIMORE DR WINDSOR Mill, MD 21244 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON. Fl 33496-1323 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 HINES TOM & CAROLYN 21 TRAINORS lNDG ASPEN. CO 81611-1652 ~n9L~ U\f1dWU ",Iu.A'I .sn Impression antibourrage et a secha9'..(apide Utilisez Ie gabarit S160i!!l HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 IAVARONE GIANFRANCO & RITA 3410RIENTAAVE MAMORONECK, NY 10543 JOBE MARCIA POBOX M-3 ASPEN, CO 81612 JUAN STREET HOMEOWNERS ASSOCIATION 119 JUAN ST ASPEN, CO 81611 KEITH JOHN III 300 PUPPY SMITH ST #203-230 ASPEN, CO 81611 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH, IL 60043-1145 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN. CO 81611 MCCALL CAROLYN E 100 E DEAN ST#1E ASPEN, CO 81611 MILLER R GREG PO BOX 4577 ASPEN, CO 81612 ..-:::\ - www.avery.co!1l 1-800-60-1\: ' - HOTEL DURANT 122 E DURANT ASPEN. CO 81611 ICAHN L1BA PO BOX 11137 ASPEN, CO 81612 JOHNSON KERRI & DEREK 117 JUAN ST #1 ASPEN, CO 81611 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE. OH 44124 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 LCH LLC C/O TOM DIVENERE 124 ANNAPOLIS LN PONTE VEDRA, FL 32082 L1MELlTE REDEVELOPMENT LLC ATTN DALE PAAS 228 E COOPER AVE ASPEN, CO 81611 MACALPINE KENDRA M 101 E COOPER AVE #201 ASPEN, CO 81611 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN. CO 81611 MITCHELL ELSA R PO BOX 2492 ASPEN. CO 81612 UI~^'d-O'l-008-L ~ AVERY@ S160@ HOUGH HAZEL C 1 BEACH DR APT #1002 ST PETERSBURG, FL 33701 J&E HANSEN LLC C/O EDWARD HANSEN 204 E DURANT AVE ASPEN, CO 81611 JOHNSTON MARGARET S 9,87% 30 DEXTER ST DENVER, CO 80220 KAUFMAN STEVEN B TRUST C/O VIRGINIA HARLOW 0554 ESCALANTE CARBONDALE, CO 81623-8770 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN. CO 81611 LEBBY ERIN PO BOX 1352 ASPEN, CO 81612 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 MESSNER CHRISTIAN 119 E COOPER AVE #21 ASPEN,CO 81611 MORGAN MICHAEL L 115 JUAN ST ASPEN. CO 81611 @09LS H'o'1dINH i!!lf.Ja^", asn Impression antibourrage et a secha~.!apide Utili.ez Ie gabarit 5160@ MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 OTT JOHN & CAROL 101 E COOPER AVE #203 ASPEN, CO 81611 POPKIN PHILIP G PO BOX 7956 ASPEN, CO 81612 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 SALlTERMAN LARRY & NANCY 603 S GRAM ISH ASPEN, CO 81811 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN, CO 81611 r.:;;;;;\ - www.avery.c;om 1-800-GO-A" . ( - NELSON ARLENE 119 E COOPER ST #6 ASPEN, CO 81611 NORTH LAUDERDALE PETROLEUM LLC 6318 NW 23RD ST BOCA RATON, FL 33434 PASCO PROP LLC SMITH PATRICK A POBOX 850 ASPEN. CO 81612 PROD INGER IRMA PO BOX 1245 ASPEN, CO 81612 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SANDS BENJAMIN N 15 PAPER CHASE DR FARMINGTON, CT 06032-2151 SETZLER ALEX 100 E DEAN ST UNIT 2C ASPEN, CO 81611-1957 SHENK ROBERT D 290 HWY 133 CARBONDALE. CO 81623-1530 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 SOUTH POINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 A1l3^'O'-09-008-~ - @ AVERY@ 5160@ NITSCHKE RUPRECHT TRUST 50% NITSCHKE ELIZABETH TRUST 50% 7107 FRANKLIN ST MIDDLETON, WI 53562 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AZ 85251-2773 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 PURVIS ROBERT K & CAROLYN K PO BOX 3089 ASPEN, CO 81612 RUMSEY DANIEL W 27212 APPALOOSA RD CANYON COUNTRY, CA 91387-4806 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK. PA 19046 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 @09~S 31'O'ld1l\l31 @A.oah'O' a.n Impression antibourrage et a sechage...r,~pide Utilisez Ie gabarit 5160<1> ' ' STARK RENEE A 205 E DURANT AVE APT 1 D ASPEN, CO 81611-3813 TELEMARK APARTMENT 2 LLC 3910 S HILLCREST DR DENVER, CO 80237 TOWNE PLACE OF ASPEN CONDO ASSOC INC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WEINGLASS LEONARD PO BOX 11509 ASPEN, CO 81612 WILLETTE NANCY 100 E DEAN ST #2D ASPEN, CO 81611 WRIGHT LISA PO BOX 3770 ASPEN, CO 81612 .-= - www.avery.c9m 1-80o-GO-AV' - STITT ELIZABETH WILES IRREV TRUST 1450 SILVERKING DR ASPEN, CO 81611 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS. CO 80906 TRAINORS LANDING CONDO ASSOC COMMON AREA EXEMPT VENTER HENDRIK JOHANNES 119 E COOPER #10 ASPEN,CO 81611 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 ZAUNER HEINZ JURGEN C/O BARBARA ELIAS 0451 STAGECOACH LN CARBONDALE. CO 81623 J,loI:::!A'd-nl:\-nnSl-L @ AVERY@ 5160<1> TAYLOR HARVEY C W 301 N 9430 HWY E HARTLAND, WI 53029 THALBERG KATHARINE 221 E MAIN ST ASPEN, CO 81811 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 WALDRON GAIL YN L TRUSTEE PO BOX 7964 ASPEN. CO 81612 WICHMANN VICTORIA BOX 4388 ASPEN, CO 81612 WOODSON TATJANA D POBOX 125 TETON VILLAGE, WY 83025 ~09LS U\fldWU ."I.JaNlI asn ,." ....".. r i: ~i~ I" I I I I I I I r ,./ a~~~~ 'I r I J I I I I I I \ \ I \ o ___L!~O~. ~ __, '00,0. " I I I I I I I I I ~ II ~ I- ' :l~ ~ ~I:' ~ o1~' I I I fi ~j ~~o:... 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To: From: Date: Re: "Paul J. Taddune", TADDUNE "Seth Hmielowski", INTERNET:sethcga@sopris.net 4/19/2006, 11:35 AM site square feet Paul, the entire site (not including the additional triangle) is 28,991 square feet. I got this from our site plan. The new survey we will get in tow weeks will have the accurate calculation. Take care, seth Seth Hmielowski Caudill Gustafson & Assoc. Architects 234 East Hopkins Avenue Aspen, CO 81611 P 970.925,3383 F 970.925.1371 ----------------------- Internet Header -------------------------------- Sender: sethcga@sopris.net Received: from smtp-proxy.sopris.net (smtp.sopris.net [216.237,72,18]) by liaag2ab.mx.compuserve.com (8.13.4/8,13,4/g1.2) with ESMTP id k3JHZRXM004189 for <TADDUNE@compuserve.com>; Wed, 19 Apr 2006 13:35:27 -0400 Received: from SethLaptop (216-237-89-15-client.sopris.net [216.237.89.15] (may be forgE by smtp-proxy,sopris.net (8.13.4/8,13.4) with ESMTP id k3JHZFCK023713 for <TADDUNE@compuserve,com>; Wed, 19 Apr 2006 11:35:19 -0600 From: "Seth Hmielowski" <sethcga@sopris.net> To: "Paul J. Taddune" <TADDUNE@compuserve.com> Subject: site square feet Date: Wed, 19 Apr 2006 11:35:14 -0600 Message-ID: <00f401c663d7$ge287d90$2100a8cO@SethLaptop> MIME-Version: 1.0 Content-Type: mUltipart/alternative; boundary-"----- NextPart 000 00F5 01C663A5.538EOD90" X-Mailer: Microsoft OffIce Outlook 11 Thread-Index: AcZj153QhqBXyeR1RtWg892XN4x61Q-- X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.2869 X-Virus-Scanned: ClamAV version 0.88, clamav-milter version 0.87 on liaag2ab.mx.compuser X-Virus-Scanned: ClamAV 0.87.1/1408/Wed Apr 19 09:13:11 2006 on smtp-proxy.sopris.net X-Virus-Status: Clean 1 f"-..... - American Land Title Association Commitment - 1982 TITLE INSURANCE COMMITMENT BY stewart, tttle 9\)E)[:5Inl)' Order Number: 44498-C2 We agree to issue policy to you according to the terms of the Connnitment When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy, Our obligation under this Commitment is limited by the following: The Provisions in Schedule A The Requirements in Schedule B-1 The Exceptions in Schedule B-I1 The Conditions on Page 2, This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B- IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A stewart ..l1:1W (;JIJ;i,,::',.,!.}, i>:<>"um'y r, ~"'~t?-,,,. ./ -'\\........Jf.,~...- t',.... .". ":~\ ;:r." <...l)llPo",1'-"\~,,, 1~:~ _*_ ~;-<~ {r-'. 1 9 0 8 :t">! ~;.'.' .,.,. ...~..ol ~...._~fx.;..\/.-"l --... Countersigned: ^~_~"''-c,.. Stewart Title of Colorado, Ine - Aspen Division 620 East Hopkins Avenue Aspen, CO 81611 (970) 925-3577 Order Number: 44498-C2 P~ge 1 of2 Commitment - ?35 W/O Disclosure ,-, '-' , " "'=..."""""""'- CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of tmst or other security instmmenL (b) "Public Records" means title records that five constnlctive noticeof matters affecting your title - according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are meL We shall have no liability to you because of this amendmenL 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule E, we may amend Schedule B to shown them If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing, 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements, If we have any liability to you for any loss you incur because of an error iu this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I or Eliminate with Ollr written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to YOlL 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment II Order Number: 44498-C2 Page 2 of2 Commitment- 235 W/O Disclosure II / ... ,...... COMlVlITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: December 16, 2005 at 7:30 a,m, Order Number: 44498-C2 2. Policy or Policies To Be Issued: (X) ALTA (1992) Owner's Policy Amount: TOBE DETERblINED (X) Standard ( ) Extended Premium: Proposed Insured: To Be Determined ( ) ALTAI 992 Loan Policy ( ) Standard ( ) Extended Amount: Premium: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Lift One Condominium Association, bK, a corporation duly organized and existing under and by virtne of the laws of the State of Colorado, 5. The land referred to in this Commitment is described as follows, Condominium Unit 110, LIFT ONE CONDOMINIUMS, according to the Condominium Map thereof, recorded November 17, 1972 in Plat Book 4 at Page 312 as Reception No, 155370, and as further defined and described in the Condominium Declaration for Lift One Condominiums, recorded November 17, 1972 in Book 268 at Page 921 as Reception No, 155369, County of Pitkin, State of Colorado Statement of Charges Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued, To Be Determined Examiner Name: Chuck Dom _c' --... "../ SCHEDULE B - Section 1 REQUIREMENTS Order Number: 44498-C2 Tbe following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (h) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: L Release of Deed of Tmst Dated: September 22, 1988, Executed by: Lift One Condominium Association, Inc" a Colorado non-profit corporation, to the Public Tmstee of Pitkin County, to secure an indebtedness in the amount of: $168,000,00, in favor of: Sun Savings & Loan Association, Recorded: September 22, 1988 in Book 573 at Page 868 as Reception No,: 304199, NOTE: The beneficial interest under said Deed of Trust was assigned of record to State Street Bank and Trust Company, as Tmstee by Federal Deposit Insurance Corporation, as Conservator recorded AUf,'llst 14, 1998 as Reception No, 420715, L Certificate of Incorporation or Certificate of Good Standing of Lift One Condominium Association, Inc" a Colorado non-profit corporation, issued by the Secretary of State of Colorado, 3, Evidence satisfactory to Stewart Title Guaranty Company, fiJrnished by the Office of the Director of Pinancc, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No, 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No, 13 (Series of 1990), 4, Certificate from the management group evidencing the fact that all Condominium expenses have been paid pursuant to Paragraph No, 26 of the Condominium Declaration, 5, Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, Inc, 6, Deed from vested owner, vesting fee simple title in purchaser(s). '" " '~,.,'" SCHEDULE B - Section 2 EXCEPTIONS Order Number: 44498-C2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: I, Rights or claims of parties in possession, not shown by the public records, L Easements, or claims of easements, not shown by the public records, 3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records, 4, Any lien, or right to a lien, for services, labor or material heretofore or hereafter nmlished, imposed by law and not shown by the public records, 5, Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitmenL 6, Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water 7, Any and all unpaid taxes and assessments and any unredeemed tax sales, The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area, 8, Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recordcd August 26, 1949 in Book 175 at Page 298 as Reception No, 96929, 9, Terms, conditions, restrictions and obligations as set forth in the Condominium Declaration for Lift One Condominiums, recorded November 17, 1972 in Book 268 at Page 921 at Reception No, 155369, 10, Easements, rights of way and other matters as shown and contained on Condominium Map of Lift One Condominiums recorded November 17, 1972 in Plat Book 4 at Page 312 as Reception No, 155370 ,'", ...../ Any and all unpaid taxes and assessments and any unredeemed tax sales, The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area, ..,-' ~ ........J DISCLOSURES Pursuant to CKS, 10-11-122, notice is hereby given that: A, The subject real property may be located in a Special Taxing District; R A Certificate of Taxes due listing each taxing j urisdiction shall be obtained form the County Treasurer or the County Treasurer's authorized agent; C Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County AssessoL Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed," Provided that Stewart Title of Colorado, lne, - Aspen Division conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued, Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No, 4 of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the following conditions: A, The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months, C. The Company must receive an appropriate affidavit indeumifying the Company against unfiled mechanic's, and materialmen's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of ConuIDtment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company, No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay, NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SA TISFIED. File Number~ 44498-C2 Skwurt Title of Colorado, lne. - ASpl.':1l Divisioll Disclosures P;1ge 1 of 1 " -" ""-. ,",. '" ,-Ai PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Eliley Act (GLEA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed, In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado, Inc. - Aspen Division and Stewart Title Gnaranty Company We may collect nonpublic personal information about you from the following sources: . Infonnation we receive from you, such as on applications or other fonns. . Information about your transactions we secnre from our files, or from our affiliates or others. . Infonnation we receive from a consumer reporting agency. . Information that we receive from others involved in your transaction, such as the real estate agenl or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you, We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law, We also may disclose this information about our custOlners or fanner customers to the following types of nonaffiliated companies that perform marketing servi'ces on our behalf or with wbom we have joint marketing agreements: . Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. . Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW, We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to gnard your nonpublic personal information. File Number: 44498-C2 Stewart Title or Colorado, Inc. - A8pcn Oivision Privacy Policy Notice Page I of I ,.,.,. v .....,. \J I ,- ~.. .", ~~ o S = ,w Bhl'h;~ \L~ ,. 5 ~ o = ~.. .", ~~ '" 9 5 " .. = "."" I ~.. .", ~~ o i1 '" ~ Ii! T~J! . r ~ LIFT ONE CONOOMINIUMS .o-'~kiJ ~...:a I r-..J 5 ~ ~ IH RENOVATION ;;1" Ie::::.! >.::c I. ~~ . 11:1\\ ~r I <::I - - - ji!~..!,~Y 1J ASPEN. COlORADO , d- \\ e.... ~.. ';3 ~~ ~ ~ Ii! "'.,. "'<' I""" - /"" -" James Lindt From: Sent: To: Subject: Paul J. Taddune [TADDUNE@compuserve,com] Friday, June 02, 20069:37 AM James Lindt Continuance James: To follow-up on our conversation this morning, Lift One will need to request a continuance of the discussion of the employee housing aspect of the application but would like to move forward on the parapet discussion. The reason for the request for a continuance is that the architectural plans are evolving and the square footage of the proposed employee unit may have to be reduced from the 2 bedroom configuration that was submitted with the application. Thanks for your help. Regards, Paul 1 ~ - - AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING Tuesday, June 6, 2006 4:30 p.m. SISTER CITIES, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES (5 }z/ to ) III. DECLARATION OF CONFLICT OF INTEREST IV. PUBLIC HEARINGS: A. 520 East Durant, Ajax Mountain Building Subdivision& Growth Management-James Lindt B. Lift One Growth Management Review-James Lindt C. Code Amendment-Historic Preservation TDRs in the Residential Multi-Family District-Jennifer Phelan V. BOARD REPORTS VI. ADJOURN , ,",. ,., ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: \ 2> \ k .~~ ~, Aspen, CO SCHEDULED PUBLIC HEARING DATE: G\JV\f...- ~ ,2ooJLb STATE OF COLORADO ) ) ". Connty of Pitkin ) I, cr BN.N \ Vf':,R- ~ (name, please print) being or representing an Applicant to the ity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ 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)da~ prior to the public hearing and was continuously visible from the _ day 01\ ,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 (IS) 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 Counws they appeared no more than sixty (60) days prior to the date of the public hearing':\,4 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. c~ Signature . J The foregoing "Affidavit of Notice" was aCkno~~e ~ay of vV\ cJ\A j , 200 kby -::Jev1. e\PWi WITNESS MY HAND AND OFFICIAL SEAL JZ:L::e;~~~ . .-<.. ,.:t:.':,,- Notary Pubhc ~;5"""-o' 3~A \': ,] \... ." 'CC i.:j'~~,:;Ti '~'~){l\r:i . , PUBLIC .'IIOTICE RE: LlFT ONE CONDOMINIUMS CONSOLIDATED CONCEPTUAL/~lNAL PUD. GROWTH MANAGE- MENT REVIEW FOR AFFORDABLE HOUSING CONDOMINIUM PLAT AMEND ENT, SPECIAL RE: VIEW FOR PARKING NOTICE IS HERE!l;~' GIVEN thaI a public hearing will be held w/ lIesday, June 6, 2006, al a meeting to begin 4:30 p.m. belore IheAspen Plannmg and Zoning Commission, Si5ler Cities Room. City HaJl, nos, GalenaSI.,A.pen to COll_ Sider all appJicalloll submittel1 by the Lilt One CondomllliumAsSOCiatiOll.lnc. requesting'lppro- v'll,ola consolidated conceptual/final PUOappli. Gillon to add parapel and gablero.ofeJement5 to the roof of the Lift One Condominiums. The Ap- plicalll has al:<orequested a growth management revIew for the development of aJlordahle hOU5 ing: " condominium pial amelll1ment, and speci~j revIew foraHordabJe housing parking to convert abanditresldellllalul1ltlnloadeed_reMrktetlal_ fordable housing UIIII. The5ubject property is 10- catedall31 I::.Durallt Avenue anl1 15 commonly known as lhe Llfl One Condominiums. The COn. lacl informalion for lhe Applicant is as follows; I.dt On.. Condominium Associalion. 131 E, Durant Avellue, Aspen. COS16ij Fur further infnrmatiDn. eo ct James Untlt at the City of Aspen, Cumm y Developmenl De-- p:,rtn.lent~" 130 S, (~,,' na St.. Aspen, CO 9,ll429.2dd, (or 1.1-> email jamesl@cLaspeIl (o.us). s/Jasmine'i"ygre, Chair ;\spenPlanlling'lndZollingCUnllllisSioll Published In the Aspen Times We"klv on May 2\ 2006, (:l727) ., A TT ACHMENTS: . : ~ ~ 0 !. .' ,. \ C, ,,';PLI ~"'L....":-'d ". ,- ,". . ,'" -, ~ < '?-.~ -' ~''';:'\,t...,~ i' c.: 0 \___ 0 ~c . ',~ ,Vry COrnmISSli.ifi [xnires 00101::'''''0''(\ ,.. ,,1<.,,),':;;' "J COpy OF THE PUBLICATION OTOGRAPH OF THE POSTED NOTICE (SIGN) VNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ,." ,,/ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 131 East Durant Avenue, Aspeu, CO SCHEDULED PUBLIC HEARING DATE: June 6, 2006 STATE OF COLORADO ) ) ss. County of Pitkin ) I, fAUl. J". T" ~D\Jtri5 (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: _ 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. L 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\"1i\..aay of 'NIf.. ~ ' 200.2...., to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X 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 amendments. Q.J --;r Signature sf The foregoing "Affidavit of Notice" was acknowledjed before me this jl day of ~ ' 200k, by --.::::rrJ.M.( 0. -1~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: q II C; I 0 '1 ~LJ.~ Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: LIFT ONE CONDOMINIUMS CONSOLIDATED CONCEPTUALIFINAL PUD, GROWTH MANAGEMENT REVIEW FOR AFFORDABLE HOUSING, CONDOMINIUM PLAT AMENDMENT, SPECIAL REVIEW FOR PARKING 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 the Lift One Condominium Association, Inc. requesting approval of a consolidated conceptual/final PUD application to add parapet and gable roof elements to the roof of the Lift One Condominiums. The Applicant has also requested a growth management review for the development of affordable housing, a condominium plat amendment, and special review for affordable housing parking to convert a bandit residential unit into a deed-restricted affordable housing unit. The subject property is located at 131 E. Durant Avenue and is commonly known as the Lift One Condominiums. The contact information for the Applicant is as follows: Lift One Condominium Association, 131 E. Durant Avenue, Aspen, CO 81611 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 Impression antibourrage et a sechage rapide Utilisez Ie gabarit 5160@ 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 ALPINE BANK ASPEN 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN LAND FUND II LLC 660 NEWPORT CENTER DR #500 NEWPORT BEACH, CA 92660 BLACKWELL CLARENCE A & ANNE H PO BOX 3180 ANNAPOLIS, MD 21403 BRIGHT GALEN 205 E DURANT AVE #30 ASPEN, CO 81611-3813 BRUMDER PHILIP G & ASMUTH ANTHONY QUARLES & BRADY C/O 411 E WISCONSIN AVE STE 2500 MILWAUKEE, WI 53202 CALLAHAN PATRICIA 0184 MOUNTAIN LAUREL DR ASPEN, CO 81611 CASPER MARY LYNN 124 E DURANT #4 ASPEN, CO 81611 CHRISTENSEN CINDY 109 JUAN ST ASPEN, CO 81611 COHN PETER L 1601 S CENTRAL AVE GLENDALE, CA 91204 ""nQI.C; 1ThJ..'Ji.I:lAW ~ - www.avery.com 1-80G-GO-AV'-" - 710 SOUTH ASPEN LLC 314 S GALENA ST STE 200 ASPEN, CO 81611 AL YEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE. NC 28625 BARBEE MARY K LlV TRUST 625 SKYLINE DR CODY, WY 82414 BOURGAULT MARY JANE 555 E DURANT AVE #4J ASPEN, CO 81611 BRITTON CARl PO BOX 12131 ASPEN, CO 81612 CABELL JOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CARLSON KEITH 101 E COOPER #302 ASPEN, CO 81611 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COLEMAN ISAIAH PO BOX 11239 ASPEN. CO 81612 A1I3AV-09-008-L ...--.1'.- __.....__ - @ AVERY@ 5160@ ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 ASPEN LAND FUND II LLC 302 E HOPKINS AVE ASPEN, CO 81611 BENT FORK LLC C/O FESUS GEORGE POBOX 9197 ASPEN, CO 81612 BRENNAN JACQUELINE NANCY 31 TRAINORS LANDING ASPEN. CO 81611 BROWNELL LORRAINE B 1030 SECOND ST MORGAN CITY, LA 70380 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CARRUTHERS MARILYN 101 E COOPER #301 ASPEN, CO 81611 CHRISPAT ASPEN LLC CHRISTINE FERER 1107 FIFTH AVE NEW YORK, NY 10128 COHEN ARTHUR S IBSEN 72 MEXICO CITY MEXICO, 11560 CROCKETT RUFUS PO BOX 3837 ASPEN, CO 81612 @09LS 3lVldIN31 @fo.JaAV asn 1/:..._..... __.. _.c::.__..._ _.._ ...__ Impression antibourrage et a sechage rapide Utilisez Ie gabarit 5160@ ,..... CROW MARGERY K & PETER 0 46103 HIGHWAY 6 & 24 GlENWOOD SPRINGS, CO 81601 DANCING BEAR lAND llC 124 ANNAPOLIS IN PONTE VERDA, Fl 32082 DUNN STEVEN G 107 JUAN ST ASPEN, CO 81611 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 FELDMAN SELMA 300 S POINTE DR APT 2403 MIAMI BEACH, Fl 33139-7329 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GEORGIEFF KATHERINE TRUSTEE OF THE KATHERINE GEORGIEFF REVOCABLE LIVING TRS #11 TOPPING IN ST lOUIS, MO 63131 GOLDSMITH ADAM 0 PO BOX 9069 ASPEN, CO 81612 HElM WilLIAM 0 124 E DURANT AVE APT 1 ASPEN, CO 81611-1769 HERRON SANDRA A 119 E COOPER AVE APT 19 ASPEN, CO 81611-1761 ""nQI.C ""I'tl.I=:IAW ~ - www.avery.com 1-80o-GO-AV""V - CYS RICHARD l AND KAREN l 5301 CHAMBERLIN AVE CHEVY CHASE. MD 20815 DOLlNSEK JOHN 619 S MONARCH ST ASPEN, CO 81611 ELLIS DIANA l ROQUE TRUSTEE 13320 MULHOLLAND DR BEVERLY HillS, CA 90210 FARINO CAROL PO BOX 10421 ASPEN, CO 81612 FLETCHER KAREN K & JAY R PO BOX 3476 ASPEN, CO 81612 FUQUA ALVAH 0 JR & DIANNE l 446 LAKE SHORE DR SUNSET BEACH, NC 28468 GillESPIE JOHN E REVOCABLE TRUST 775 GUlFSHORE DR #4219 DESTIN, Fl 32541 GUBSER NICHOLAS J PO BOX 870 ASPEN, CO 81612 HEIMANN GEORGE R 100 E DEAN ST #2E ASPEN, CO 81611-1967 Hill EUGEN DUBOSE III & JOAN LUISE TRST PO BOX 129 PRIDES CROSSING, MA 01965 AIl3N"'-09-00S- ~ - ~ AVERY@ 5160@ CZAJKOWSKI MICHAEL CZAJKOWSKI SANDRA J 90 lA SAllE ST APT 16G NEW YORK, NY 10027 DONCERJOYCETRUST 7641 W 123RD Pl PALOS HEIGHTS, Il 60463 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN, CO 81611 FARR BRUCE K & GAil H PO BOX 5142 ASPEN, CO 81612 FOX THOMAS H 119 ECOOPERAVE ASPEN, CO 81611 GARMISCH llC C/O MIE PROPERTIES 2560 lORD BALTIMORE DR WINDSOR Mill, MD 21244 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON, Fl 33496-1323 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 HINES TOM & CAROLYN 21 TRAINORS lNDG ASPEN, CO 81611-1652 _@09~S 31'<fld~31 @f.JaA'ltaSn Impression antibourrage et it sechage rapide Utilisez Ie gabarit 5160@ "., HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 IAVARONE GIANFRANCO & RITA 3410RIENTAAVE MAMORONECK, NY 10543 JOBE MARCIA POBOX M-3 ASPEN, CO 81612 JUAN STREET HOMEOWNERS ASSOCIATION 119 JUAN ST ASPEN, CO 81611 KEITH JOHN III 300 PUPPY SMITH ST #203-230 ASPEN, CO 81611 LARKIN THOMAS J & MARYANN K 1 SHELDRAKE LN PALM BEACH GARDENS, FL 33418-6820 LEVY HELEN JOAN TRUST 421 WARWICK RD KENILWORTH, IL 60043-1145 LUNDHOLM KERSTIN M 115 JUAN ST ASPEN, CO 81611 MCCALL CAROLYN E 100 E DEAN ST#1E ASPEN, CO 81611 MILLER R GREG PO BOX 4577 ASPEN, CO 81612 _nal~ "'" .,.~..... ~ - www.avery.com 1-80o-GO-AV" '.' - HOTEL DURANT 122 E DURANT ASPEN, CO 81611 ICAHN L1BA PO BOX 11137 ASPEN. CO 81612 JOHNSON KERRI & DEREK 117JUANST #1 ASPEN, CO 81611 KAPLAN BARBARA 3076 EDGEWOOD RD PEPPER PIKE, OH 44124 KINGSBURY FAMILY TRUST PO BOX 198 HOLDERNESS, NH 03245 LCH LLC CIO TOM DIVENERE 124 ANNAPOLIS LN PONTE VEDRA, FL 32082 L1MELlTE REDEVELOPMENT LLC ATTN DALE PAAS 228 E COOPER AVE ASPEN,CO 81611 MACALPINE KENDRA M 101 E COOPER AVE #201 ASPEN, CO 81611 MCCARTNEY BRENDA DAHL 113 JUAN ST ASPEN, CO 81611 MITCHELL ELSA R PO BOX 2492 ASPEN, CO 81612 A~3^,<1-09-008-~ - \i\ AVERY@ 5160@ HOUGH HAZEL C 1 BEACH DR APT #1002 ST PETERSBURG, FL 33701 J&E HANSEN LLC CIO EDWARD HANSEN 204 E DURANT AVE ASPEN,CO 81611 JOHNSTON MARGARET S 9.87% 30 DEXTER ST DENVER, CO 80220 KAUFMAN STEVEN B TRUST CIO VIRGINIA HARLOW 0554 ESCALANTE CARBONDALE, CO 81623-8770 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN,CO 81611 LEBBY ERIN PO BOX 1352 ASPEN, CO 81612 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN, CO 81611 MESSNER CHRISTIAN 119 E COOPER AVE #21 ASPEN,CO 81611 MORGAN MICHAEL L 115 JUAN ST ASPEN, CO 81611 _@09~5 3l\fld~3l @luaA"VaSn Impression antibourrage et a sechage rapide Utilisez Ie gabarit 5160@ ," - www.avery.com 1-80o-GO-AV' ',' - MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 NELSON ARLENE 119 E COOPER ST #6 ASPEN, CO 81611 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 NORTH LAUDERDALE PETROLEUM LLC 6318 NW 23RD ST BOCA RATON, FL 33434 OTT JOHN & CAROL 101 E COOPER AVE #203 ASPEN, CO 81611 PASCO PROP LLC SMITH PATRICK A POBOX 850 ASPEN, CO 81612 POPKIN PHILIP G PO BOX 7956 ASPEN, CO 81612 PRODINGER IRMA PO BOX 1245 ASPEN, CO 81612 ROSE JON E ROSE RITA L 303 MAGNOLIA LAKE DR LONGWOOD, FL 32779 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SALlTERMAN LARRY & NANCY 603 S GRAMISH ASPEN, CO 81611 SANDS BENJAMIN N 15 PAPER CHASE DR FARMINGTON, CT 06032-2151 SCHROEDER C M JR SCHROEDER BETTY ANN 3629 ROCKBRIDGE RD COLUMBIA, SC 29206 SETZLER ALEX 100 E DEAN ST UNIT 2C ASPEN, CO 81611-1957 SHEFFER BARBARA & DOUGLAS PO BOX 250 ASPEN, CO 81612 SHENK ROBERT 0 290 HWY 133 CARBONDALE, CO 81623-1530 SLOAN SUSAN MARIE 500 S ORANGE AVE SARASOTA, FL 34236 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 SOUTH POINT CONDOMINIUM ASSOCIATION 205 E DURANT AVE #2F ASPEN. CO 81611 SOUTH POINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA. MD 20816 ""nQI.C; tmJ..~I~AW ~ ^1l3^,11-0!l-008-~ - ~ AVERV@ 5160@ NITSCHKE RUPRECHT TRUST 50% NITSCHKE ELIZABETH TRUST 50% 7107 FRANKLIN ST MIDDLETON, WI 53562 ONEAL PROPERTIES LLC 8100 E CAMELBACK RD #31 SCOTTSDALE, AI. 85251-2773 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 PURVIS ROBERT K & CAROLYN K PO BOX 3089 ASPEN, CO 81612 RUMSEY DANIEL W 27212 APPALOOSA RD CANYON COUNTRY, CA 91387-4806 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 -,ID09~S 3.l'<f1d~3.l @AJa^", asO Impression antibourrage et a sechage rap ide Utilisez Ie gabarit 5160@ STARK RENEE A 205 E DURANT AVE APT 1D ASPEN, CO 81611,3813 TELEMARK APARTMENT 2 LLC 3910 S HILLCREST DR DENVER, CO 80237 TOWNE PLACE OF ASPEN CONDO ASSOC INC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN. CO 81611 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WEINGLASS LEONARD PO BOX 11509 ASPEN, CO 81612 WILLETTE NANCY 100 E DEAN ST #2D ASPEN, CO 81611 WRIGHT LISA PO BOX 3770 ASPEN, CO 81612 ...,.nolc ~.I.~'!!!!IAW' ~ - www.avery.com 1-800-GO-AV--v - STITT ELIZABETH WILES IRREV TRUST 1450 SILVERKING DR ASPEN, CO 81611 TELEMARK ASPEN LLC 55 SECOND ST COLORADO SPRINGS. CO 80906 TRAINORS LANDING CONDO ASSOC COMMON AREA EXEMPT VENTER HENDRIK JOHANNES 119 E COOPER #10 ASPEN, CO 81611 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 ZAUNER HEINZ JURGEN C/O BARBARA ELIAS 0451 STAGECOACH LN CARBONDALE. CO 81623 Alf3^,v-09-00S- ~ - ~ AVERV@ 5160@ TAYLOR HARVEY C W 301 N 9430 HWY E HARTLAND, WI 53029 THALBERG KATHARINE 221 E MAIN ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN, CO 81611 WALDRON GAIL YN L TRUSTEE PO BOX 7964 ASPEN, CO 81612 WICHMANN VICTORIA BOX 4388 ASPEN, CO 81612 WOODSON TAT JANA D POBOX125 TETON VILLAGE, WY 83025 @09 ~S 3J.\t1dlN31 @A.li,^V asn ""________ _ ~_ _. _~______ _u_ _ ., - . / Ii.. / \ ' nc \, ,/ \ ~ I . , \y t':I.'..j...1 '. .",. 'to .~ \. \ f: . t '..,~ ..;~.'" -~ 'I' 'l't . , . . t, " \ I " , / . , .. \ , , .. , I I I I I I I , I II .,. ;'i .:. ." ~'9 l~ ~. i' ~:t T, :,~} l\i?~~. ,.:>\..1' ,. Y}:,;,1~~ . ~",,\ll' fnJ!:! . ;/< :' t'.: &~.~',;t" ;. . .~: " ;..<;!'o 1, ' , it. ..' .' ,I . ,i ;( { f.', . ~.' ' t 't;,. ~.~'.l ," ~. ~ ;. ~/~' '~l' .' '.' . I-lt. ~,' ,~, ", . ,.' :.\;. ). < 't;;'~::'" y"'" I ',;I. ~~ ~;V. t._ r" ,'i.;.; ..a ;'. t.~::..".,,~ i:.t .t;l .... -Ii' {., ~, . [. " t! . "';i ~ " .~ .:,~: t"J~ ~ L- ... , . f, II r \ i , 1:' X ":"* ,. ~< . . ~ ".J A~fOueJ by p+~ s)wtJo ,..... - .r, RESOLUTION NO. 19 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION 26.710.190(D)(2)(a), LODGE ZONE DISTRICT, TO AMEND THE MINIMUM LOT AREA PER DWELLING UNIT REQUIREMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Lift One Condominium Association represented by Paul Taddune has proposed an application for an amendment to Title 26, the City of Aspen Land Use Code to amend Section 26.710.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Community Development Director has sponsored the proposed code amendment to be heard by the Planning and Zoning Commission and City Council; and, WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution recommend that City Council approve, approve with conditions, or deny a Code Amendment application, after considering a recommendation by the Community Development Department and taking and considering public comments; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and public testimony on the proposed Code Amendment; and, WHEREAS, during a duly noticed public hearing on May 2, 2006, the Planning and Zoning Commission opened and continued the public hearing to May 16, 2006; and, WHEREAS, during a continued public hearing on May 16,2006, the Planning and Zoning Commission approved Resolution No. 19, Series of 2006, by a five to zero (5-0) vote, recommending that the City Council approve the land code amendment to amend Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Planning and Zoning Commission finds that the Code Amendment proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendment, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. - - ,,,",," _..,i 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approved the requested land use code amendment to Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing units in the Lodge Zone District, as is noted in the following sections: Section 2: Section 26.71O.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, of the Aspen Municipal Code shall be amended to read as follows: Section 26.710.190(D)(2)(a), Minimum Lot Area per Dwellinl!: Unit a. Multi-Family residential- 3,000 square feet. When the development is residential, there is no minimum requirement for an affordable housing unit. Section 3: All material representations and commitments made by the applicant pursuant to the Code Amendment 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 Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on May 16, 2006. - - " APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk . (x ~)('t ')j Vt f .eo;! .' .""') ,/\ 1~? "J r ~ '-'11' c:--::-- '-1 I 5/lh' jje~l.i~ 14 Complexes Likely at/or Over FAR, No Permit Records* . 2 Complexes at/or Over FAR, Plans . 2 Complexes Likely Under FAR, No Permit Records* . 2 Complexes Under FAR, Plans '-" "",,,.... MuIti-Familv Developments in Lod2e District *_ Methodology used for determining approximate existing floor area in buildings that we have no plans for was to measure the footprint of the buildings on GIS and multiply the footprint by the number of floors above-grade. Buildings that are lodges or have a PUD overlay were not looked at because they are not considered to be residential for density purposes. """.. ... , f . I / ~. 1'- l~ !jj / / !/ / // ;- 'f / " . " /' /" / / , , , , / v / / / v / / / ,l, , :":!~1~f3/;~ "-'" 'r;Q , , '\ ...-l:lA,Cf-AVE \ ~ ~t19- [1- " ,&?J , ~, - t ~, fQ '--.. IH,@ ,~ . "1 , 'rr ~'-' """" I,,&,< ~"'".z : ""''''"1 n'/~ ,. ~~'" ~" . .,"' ! '1-1, y , , , , , / / / " / ',,/ / / / / .- - ~ " MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: James Lindt, Senior Planner RE: Lift One Condominiums Growth Management Review, Subdivision Exemption for Condo Plat Amendment, Special Review to Establish Off- Street Parking Requirements - Public Hearinl!: DATE: May 16,2006 ApPLICANT /OWNER: Lift One Condominium Association, Inc. REPRESENTATIVE: Law Offices of Paul Taddune LOCATION: 131 E. Durant Avenue CURRENT ZONING: LosIge Zone District. PROPOSED LAND USE REQUESTS: Growth Management Review for the Development of Affordable Housing and a Subdivision Exemption for an Amendment to a recorded Condominium Plat. A Code Amendment to the Lodge Zone District has also been requested in conjunction with this application and was considered at the previous Planning and Zoning Commission meeting. Photo Above: Lift One Condominium Building. SUMMARY: The Applicant requests the necessary land use approvals to legalize an existing bandit dwelling unit and deed restrict it as a voluntary, Category 4, two- bedroom affordable housing unit. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the requests, with conditions o o MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: James Lindt, Senior Planner RE: Lift One Condominiums Growth Management Review, Subdivision Exemption for Condo Plat Amendment, Special Review to Establish Off- Street Parking Requirements - Public Hearine. DATE: May 16, 2006 ApPLICANT /OWNER: Lift One Condominium Association, Inc. I I I REPRESENTATIVE: Law Offices of Paul Taddune LOCATION: 131 E. Durant Avenue CURRENT ZONING: Loslge Zone District. I PROPOSED LAND USE REQUESTS: Growth Management Review for the Development of Affordable Housing and a Subdivision Exemption for an Amendment to a recorded Condominium Plat. A Code Amendment to the Lodge Zone District has also been requested in conjunction with this application and was considered at the previous Planning and Zoning Commission meeting. I I Photo Above: Lift One Condominium Building. SUMMARY: The Applicant requests the necessary land use approvals to legalize an existing bandit dwelling unit and deed restrict it as a voluntary, Category 4, two- bedroom affordable housing unit. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the requests, with conditions ... "'" '".".... REVIEW PROCEDURE: The Planning and Zoning Commission shall be the final review authority on both the requested growth management review for the development of affordable housing and the special review to establish the parking requirements. The Applicant has also requested an amendment to the approved condominium plat to show the unit as a legal unit. An amendment to an approved condominium plat may be approved by the Community Development Director after the review of the other land use actions. As was mentioned above, the Applicant has also requested an amendment to the land use code to allow for deed-restricted affordable housing units to be exempt from the minimum lot area per dwelling unit requirements in the Lodge Zone District. The code amendment to the Lodge Zone District was reviewed by the Planning and Zoning Commission and was recommended for approval to City Council by the Commission. LAND USE REQUESTS: The Applicant has requested the following land use actions to convert the existing bandit unit into a voluntary (not used for mitigation purposed) affordable housing unit: . Growth Management Review for the Development of Affordable Housing. . Special Review to Establish Off-Street Parking Requirements. . Amendment to an Approved Condominium Plat (to be reviewed by the Community Development Director if the other land use actions are approved). . Code Amendment (being reviewed separate from other land use requests). PROJECT SUMMARY: The Applicant, Lift One Condominium Association Inc, requests approval to convert a bandit dwelling unit (Unit 109) that has existed in the Lift One Condominiums since the mid-I 970s into a voluntary, deed-restricted, category 4 affordable housing unit. The unit subject to this application is a two-bedroom unit that is located on the first floor of the south building. Apparently, Unit 110 was split into two (2) separate units (Units 109 and 110) at some point in time with the City's approval. Special Review to establish the off-street parking requirements are also requested to legalize the unit without having to provide an additional parking space. STAFF COMMENTS: Growth Manarzement Review for Development of AH: In reviewing the growth management request for the development of affordable housing, Staff believes that the proposal meets the review standards. There are enough affordable housing allotments available to accommodate the proposed unit in that the community has not reached the overall cap on affordable housing units of2,428. Additionally, the proposed affordable housing unit has been reviewed by the AspenlPitkin County Housing Authority and they have indicated that the proposed unit meets the housing guideline requirements. Staff also feels that the application is consistent with the Aspen Area Community Plan (AACP) in that it provides an affordable housing unit that is in close proximity and within walking distance to the Commercial Core and Aspen Mountain. Additionally, the proposed affordable housing unit is located within a free-market residential building that integrates the types of housing as is encouraged in the AACP's Housing Section. 2 "'., '-' , , .' Special Review for Off-Street Parkin!!: The Applicant has proposed to establish their off-street parking requirements for the site as the existing number of parking spaces on the Lift One Condominium parcel. The Applicant believes that converting the bandit unit that has been in existence since the I970s will not actually create an additional need for off-street parking since the unit has been occupied for several decades off and on. Including the proposed affordable housing unit, there would be a total of thirty-two (32) residential units in the building and there is twenty-two (22) off-street parking spaces existing on the parcel. If this were a newly developed project, the Applicant would be required to provide one off-street parking space for every residential dwelling unit, equaling a total of thirty-two (32) parking spaces. Through the special review process, the Planning and Zoning Commission can consider the parking needs of the inhabitants of the building and the projected impacts that a proposal will have on the on-street parking spaces in the neighborhood in setting the required parking for a property. The Planning Staff agrees with the Applicant's assertion that the legalizing the bandit unit as an affordable housing unit will likely not have much of an impact on the demand for parking within the development since the unit has been in existence for quite some time. Additionally, Staff does not see where there is any room to possibly provide additional parking on the site. The Commission could require the Applicant to pay cash-in-lieu for the additional parking space that would be required by the land use code's parking requirements for the additional unit, which would amount to $30,000. However, Staff believes that because there really will not be any excess demand for parking since the unit already has existed in the building for over twenty years, Staff does not believe that the cash-in-lieu requirement is warranted. Approvals Contin!!ent Upon Code Amendment: The land use approvals being sought as part of this application can only be approved contingent upon the code amendment that the Planning and Zoning Commission reviewed at the last meeting being finally approved by City Council. Staffhas included this requirement in proposed resolution. REFERRAL AGENCY COMMENTS: The City of Aspen Building Department and the Aspen/Pitkin County Housing Authority have reviewed the proposal and their comments have been included as conditions or approval as deemed appropriate. RECOMMENDATION: Staff believes that the proposed request to convert the bandit unit into a deed-restricted, Category 4 rental unit meets the applicable review standards. Staff recommends that the Planning and Zoning Commission approve the proposed resolution with the conditions or approval contained therein. RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2006, approving with conditions, the Lift One Condominiums growth management review for the development of affordable housing and special review to establish the existing off-street parking as the required parking to convert the bandit dwelling unit known as Unit 109 into a deed-restricted, Category 4 affordable housing unit. " 3 /' '-" , ATTACHMENTS: Exhibit A -- Review Criteria and StaffFindings Exhibit B -- Application Exhibit C -- Referral Comments 4 " RESOLUTION NO. (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS, A GROWTH MANAGEMENT REVIEW FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND SPECIAL REVIEW TO ESTABLISH THE PARKING REQUIREMENTS FOR THE CONVERSION OF UNIT 109 IN THE LIFT ONE CONDOMINIUMS TO A DEED-RESTRICTED AFFORDABLE HOUSING UNIT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received an application from the Lift One Condominium Association, owners, represented by Paul Taddune, requesting approval of a growth management review for the development of affordable housing, special review to establish the parking requirements, and a code amendment to the Lodge Zone District to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit, City and Townsite of Aspen; and, WHEREAS, the proposed code amendment to the Lodge Zone District is being reviewed separately from the other land use actions being reviewed; and, WHEREAS, pursuant to the applicable sections of the land use code, the Community Development Director has reviewed the requested land use actions and recommended approval, with the conditions of approval contained herein; and, WHEREAS, during a continued public hearing on May 16, 2006, the Planning and Zoning Commission approved Resolution No. _, Series of 2006, by a _ to _ C_--.-J vote, approving with conditions, a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit, City and Townsite of Aspen; and, 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 [mds 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a growth management review for the development of affordable housing and special review to establish the parking requirements to convert a bandit dwelling unit in the Lift One Condominiums known as Unit 109 to a deed-restricted affordable housing unit, subject to the conditions contained herein. Section 2: Affordable Housin!! Unit 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 classifying the affordable housing unit as a Category 4 unit at the time of recordation of an amended condominium plat identifying the unit as a legal dwelling unit. The Condominium Declaration shall also be amended to reflect the unit and shall include language providing for the potential of the affordable housing 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 in conjunction with recording a deed-restriction on the affordable housing unit. The affordable housing unit may be deed-restricted as a rental unit, but the unit shall become an ownership unit at such time as the owners 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 unit is ever converted to a "for-sale" unit, the unit's homeowners' association dues shall be a percentage of the free-market residential units' dues equal to the unit's market value compared to that of the free-market residential units' market value in the complex. Section 3: Special Review for Off-Street Parkin!! The off-street parking requirement for the site shall be hereby established as the existing twenty-two (22) off-street parking spaces. Section 4: Approval Contin!!ent Upon Code Amendment The land use approvals granted herein shall be contingent upon City Council's final adoption of the code amendment to remove the minimum lot area per dwelling unit requirement that has been applied for in conjunction with the growth management review and special review associated with this application. Section 5: Amendment to Condominium Plat and Declaration As is described in Section 2 above, the Applicant shall record an amended condominium plat and declaration acknowledging the presence of Unit 109 as a legal dwelling unit. ---""~,_-_,"_",_"-,~,,--,,~,,,,_~,,,'''~---'''_. ,,,", ." - .....,"' Section 6: Upl!rade DwelIinl! Unit Separation The affordable housing unit's dwelling unit separation shall be upgraded to meet the requirements of the International Building Code. Compliance with this requirement shall be reviewed by the City Building Department prior to issuance of a certificate of occupancy for the unit. Section 7: 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, 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 8: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen by a _ to L-~ vote on this 16th day of May, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk '^-' - EXHIBIT "A" Growth Management: Affordable Housing REVIEW CRITERIA & STAFF FINDINGS 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. Staff Finding Staff finds that there are enough allotments available for the one proposed affordable housing unit in that the number of affordable housing units that exist in the community is approximately 800 units below the development ceiling established in the growth management section of the land use code. The're is also no annual development limit on affordable housing units established in the land use code. Staff finds this criterion to be met. b) The proposed development is consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposed development is consistent with the Housing goals and objectives established in the AACP. Specifically, Staff feels that the application is consistent with the Aspen Area Community Plan (AACP) in that it provides an affordable housing unit that is in close proximity and within walking distance to the Commercial Core and Aspen Mountain. Additionally, the proposed affordable housing unit is located within a free-market residential building that integrates the types of housing as is encouraged in the AACP's Housing Section. Staff finds this criterion to be met. 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 Authority may choose to hold a public hearing with the Board of Directors. Staff Finding The Housing Authority has reviewed the proposed unit and indicated that the unit meets the requirements of the Aspen/Pitkin County Housing Guidelines. Please see the Housing Authority's referral comments attached as Exhibit "C". 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 Counci~ 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 Aspen/Pitkin County Housing Authority. Required affordable housing may be provided through a mix of these methods. Staff Finding The Applicant is not proposing for this unit to serve as affordable housing mitigation. Staff finds this criterion not to be applicable. 5 - - /'...'... "",,J e) The proposed units shall be deed restricted as "for sale" units and transferred to qualified purchasers according to the AspenlPitkin 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 proposed affordable housing unit shall be deed restricted as Category 4 rental unit. Staff has provided a condition of approval in the proposed resolution requiring that the Applicant deed 1/10 of one percent of the ownership in the unit to the Housing Authority in order to satisfy the rent control legislation that is in place. Staff has further proposed a condition requiring that the rental unit be sold through the Affordable Housing Lottery if they are deemed to be out of compliance with the Housing Authority's occupancy guidelines for more than one year. Staff finds this criterion to be met. 6 ""'" - Special Review: Off-Street Parking REVIEW CRITERIA & STAFF FINDINGS Special Review Standards. A Special Review for establishing, varying, or waiving off- street parking requirements may be approved, approved with conditions, or denied based on conformance with the following criteria: 1. The parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts onto the on-street parking of the neighborhood, the proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Staff Finding Staff believes that there will not be an additional impact on the off-street parking demand of the complex by converting the existing bandit dwelling unit into a deed-restricted affordable housing unit since the unit has existed on the site since the mid-1970s. Additionally, the development is within close proximity to the commercial core and Aspen Mountain, reducing the need for personal transportation. Staff finds this criterion to be met. 2. An on-site parking solution meeting the requirement is practically difficult or results in an undesirable development scenario. Staff Finding Staff does believe that it would be impossible to provide an additional off-street parking space given that the site has been fully developed. Staff finds this criterion to be met. 3. Existing or planned on-site or off-site parking facilities adequately serve the needs of the development, including the availability of street parking. Staff Finding Staff believes that the existing on-site parking facilities are not really sufficient to serve the needs of the existing development. That being said, Staff does not believe that the conversion of the existing bandit dwelling unit to a deed-restricted affordable housing unit will worsen the situation as was described in Staff's response to review standard No. I above. 7 ,,,- '-"". ...;;./ "" c ~ c:: 00 ~~ 0 ;;~ :;::::; ~ ~ ra G<( > ~~ 0 c:: (,)<( Q) c 0:: 0 E :;::; l'lI 0 > 0 0 0:: c ..... CD Q) ..... ~ Ul 0 0 E !l ...J ,~ :i: c C/) 'E ell 0 E 'C C 0 0 0 0 0:: CD Q) C 0 0 c:: ~ Q) ..... ~ c:: c: 0 'iij () 'E >; '" 0 .c ...-E .c c: 0 Q) ...J a. r/) .. 0 .s ...... ...... en 0 ...... c:: 0 :;::::; ra > 0 c:: Q) 0:: :!:: c:: ::> ""'"'. - .", - AGENDA ASPEN PLANNING AND ZONING COMMISSION Tuesday, May 16, 2006 4:30 p.m. Sister Cities Room, City Hall I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES ~~P",k>" ; 04/64./01.; 04j;J/tJi,; a4fe/~) III. DECLARATION OF CONFLICT OF INTEREST IV. PUBLIC HEARINGS: A. Lodge District Code Amendment (cont. from 5/2)- James Lindt B. Boomerang Lodge PUD (cont. from 5/2)-Chris Bendon C. Moses Property, 8040 Greenline Review-Ben Gagnon V. BOARD REPORTS VI. ADJOURN ,. .., , JrA '-..,.... ...,. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director FROM: James Lindt, Senior Planner ~ Code Amendment: Land Use Code Section 26.710.190, Lodge Zone District- Public Hearing RE: DATE: May 2, 2006 SUMMARY: The Lift One Condominium Association (known herein as the Applicant), represented by Paul Taddune, has requested a code amendment to Land Use Code Section 26.710.190, Lodge Zone District. The code amendment has been sponsored by the Community Development Staff because Staff had previously proposed a similar code amendment as part of a larger package of code amendments that were not acted upon by City Council. The code amendment being requested would amend the lot area per dwelling unit requirement in the dimensional requirements section of the Lodge Zone District to eliminate the minimum lot area per dwelling unit for affordable housing units in lodge, multi-family, and mixed-use developments. The Applicant is requesting the proposed amendment in order to allow them to legalize a bandit residential unit in the Lift One Condominiums that has existed since the mid 1970's and deed restrict it as a Category 4 affordable housing unit. However, Staff' has split up the Planning and Zoning Commission's review of the proposed code amendment from that of the review of the other land use actions necessary for the Applicant to legalize the existing unit as the Planning and Zoning Commission has previously requested that Staff do with code amendments that directly relate to a specific land use application. REVIEW PROCESS: The Planning and Zoning Commission shall be the recommending body to City Council on the proposed code amendment pursuant to Land Use Code Section 26.310, Amendments to the Land Use Code and Official Zone District Map. STAFF COMMENTS: The existing language that is proposed to be amended reads as follows: Land Use Code Section 26.7tO.190(D)(2)(a), Lodge Zone District: Minimum Lol Area per Dwelling Unit. a. Multi-Family residenlial- 3.000 square feel. The Applicant's proposed language is as follows: 1''' ". "., ............ ,..,.; Land Use Code Section 26.71O.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit. a. Multi-Family residential- 3,000 square feet. there shall be no minimum lot area per dwelling unit requirement for deed restricted affordable housing units in multi~family residential. lodge. or mixed use developments. The Applicant has expressed that they have proposed the code amendment because it would serve their purpose in allowing them to legalize an existing bandit dwelling unit by converting it to a deed restricted affordable housing unit. The Applicant has further suggested that the existing requirement contradicts one of the primary goals of the CitY's infill initiative, which is to get a greater density of types of development that the community needs such as affordable housing. Staff agrees with the Applicant's suggestion that the minimum lot area per dwelling unit requirement in the Lodge Zone District does contradict one of the underlying ideas of the City's infill initiative, which was to increase the density of development within the core area of the City to relieve development pressures on the outskirts of the City. Staff also believes that the proposed code language is written in such a manner that encourages density of the affordable housing use, which the community is still in need of. On the other side of this issue, the minimum lot area per dwelling unit requirement could be looked at as a limiting factor in dissuading purely residential development in the Lodge Zone District as was discussed at length during the infill code amendment discussions and favored by the then City Council. However, Staff believes that the smaller allowable FAR and shorter height requirements for purely residential development in the Lodge Zone District is a much more dissuading factor against pure residential development than is the minimum lot area per dwelling unit requirement. Staff further believes that if a developer is going to construct a purely residential project despite the strict FAR and height constraints, that it would be more consistent with the community's goals to encourage a greater density of smaller units than to encourage fewer large units as the minimum lot area requirement does. That being the case, Staff believes that there is nothing wrong with the Applicant's proposed amendment and that it satisfies the review standards for approving a code amendment. Staff also feels that it would be appropriate to completely remove the minimum lot area per dwelling unit in its entirety in the Lodge Zone District. Staff has proposed two (2) motions below. The recommended motion below represents the Applicant's proposed language and the alternative motion below represents Staff s preference to completely remove the minimum lot area requirement from the Lodge Zone District. STAFF RECOMMENDA nON: Staff recommends approving the alternative motion below, which would remove the minimum lot area per dwelling unit requirement from the Lodge Zone District in its entirety. By approving the recommended motion below, the Commission would be recommending that City Council approve the Applicant's proposed code language. By approving the alternative motion below, the Planning and Zoning Commission would be recommending that City Council approve the following language proposed by Staff: 2 - - ... , Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit. a. No Requirement. RECOMMENDED MOTION: "I move to approve Resolution No. aL"J Series of 2006, recommending that City Council approve the proposed land use code amendments to Land Use Code Section 26.71O.190(D)(2)(a). Lodge Zone District: Minimum Lot Area Per Dwelling Unit. removing the minimum lot area per dwelling unit for affordable housing units." ALTERNATIVE MOTION: "I move to approve Resolution No.oJ9, Series of 2006, recommending that City Council approve a land use code amendment to Land Use Code Section 26.710.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area Per Dwelling Unit, removing the minimum lot area requirement from the Lodge Zone District." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application , ~ ,!I"'-"" " ..... RESOLUTION NO. illq (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION 26.710.190(D)(2)(a), LODGE ZONE DISTRICT, TO AMEND THE MINIMUM LOT AREA PER DWELLING UNIT REQUIREMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Lift One Condominium Association represented by Paul Taddune has proposed an application for an amendment to Title 26, the City of Aspen Land Use Code to amend Section 26.71O.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Community Development Director has sponsored the proposed code amendment to be heard by the Planning and Zoning Commission and City Council; and, WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution recommend that City Council approve, approve with conditions, or deny a Code Amendment application, after considering a recommendation by the Community Development Department and taking and considering public comments; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing, considered the recommendation of the Community Development Director and public testimony on the proposed Code Amendment; and, WHEREAS, during a public hearing on May 2, 2006, the Planning and Zoning Commission approved Resolution No.QJj Series of 2006, by a _ to _ L-_) vote, that the City Council approve the land code amendment to amend Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimwn lot area per dwelling unit requirement for the development of deed-restricted affordable housing in the Lodge Zone District; and, WHEREAS, the Planning and Zoning Commission finds that the Code Amendment proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendment, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. 1""' - " '"'''' 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approved the requested land use code amendment to Land Use Code Section 26.710.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement for the development of deed-restricted affordable housing units in the Lodge Zone District, as is noted in the following sections: Section 2: Section 26.71 0.190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit, of the Aspen Municipal Code shall be amended to read as follows: Section 26.710.190(D)(2)(a), Minimum Lot Area per Dwellinl!: Unit a. Multi-Family residential- 3,000 square feet. When the development is residential, there is no minimwn requirement for an aflordable housing unit. Section 3: All material representations and commitments made by the applicant pursuant to the Code Amendment approvals as herein awarded, whether in public hearing or documentation presented before the Plmming and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this 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 aflect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on May 2, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ,.... ....... " ../ ATTEST: Jackie Lothian, Deputy City Clerk _..........~~~~"",.,~"',~...........-.-.",.-- ,.., .---'''''''--'' ./ '^, .... f EXHIBIT A AMENDMENT TO THE LAND USE CODE REVIEW CRITERIA & STAFF FINDINGS Section 26.310.040, Text Amendment Standards of Review In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Statr Finding: Staff does not believe the proposed code amendments are in conflict with any applicable portions of this title or the Municipal Code. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff does not believe that the proposed amendments are in conflict with the Aspen Area Community Plan. Staff feels that the proposed amendment and Staffs suggested language are both consistent with the goals and objectives of the AACP. The AACP section on managing growth encourages the community to discourage sprawl. The AACP section on managing growth further states that the City will accept greater density of development to relieve the development pressure in the County and outside of the Urban Growth Boundary. Staff believes that both the Applicant's proposed language and Staff s suggested language encourage greater density of development and the existing code language to be amended or removed is a hindrance to greater density. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: These two criteria apply to rezoning applications and do not apply to this text amendment. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. 4 " .- StafI Finding: This criterion applies to rezoning applications and does not apply to this text amendment. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. StafI Finding: Staff does not feel that the proposed code amendments will result in adverse impacts on the natural environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. StafI Finding: As was described in Staffs response to review Standard B above, the AACP encourages greater density to take development pressure off of the County. Staff believes that both the Applicant's proposed language and Staffs suggested language are consistent with community character of Aspen. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: This criterion applies to rezoning applications and does not apply to this text amendment. l. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: Staff feels that the proposed code amendment will not be in conflict with public interest. Staff believes that the proposed code amendment is consistent with the Community's stated goals in the Aspen Area Community Plan. Staff finds this criterion to be met. 5 LAW OFFICES OF PAULJ. TADDUNE,P.C. 0h,b/1 \\fjll PAULJ. TADDUNE AFFILIATED OFFICE 323 WEST MAIN STREET, SUITE 301 ASPEN, COLORADO 81611 TELEPHONE (970) 925-9190 TELEFAX (970) 925-9199 INTERNET: taddune@compuserve.com FOWLER, SCH1MBERG & FLANAGAN, P.c. 1640 GRANT STREET, SUITE 300 DENVER, COLORADO 80203 TELEPHONE (303) 298-S603 TELEFAX (303) 298-8748 WILLIAM GUEST, OF COUNSEL February 13, 2006 City of Aspen Community Development Attn: James Lindt, Senior Planner 130 South Galena Street, Third Floor Aspen, CO 81611 Re: Lift One Condominiums: . Exemption from Growth Management for Creation of Affordable Housing Unit . Exemption from Subdivision for Condominium Plat Modification . Code Amendment to Remove the Density Requirement in the Lodge District for Affordable Housing Unit Dear Mr. Lindt: Please accept this letter and the enclosed materials as an application by Lift One Condominium Association, Inc. (the "Association") for exemption from growth management for the creation ofa rental affordable condominium housing unit, to be known as Unit 109, Lift One Condominiums, 131 East Durant Avenue, Aspen, Colorado 81611. In connection with the creation of an affordable housing unit, this application also requests an exemption from subdivision procedures for a supplemental modification to the Condominium Map to depict the new unit, confirmation that no additional parking will be required for the new unit and a code amendment to delete the current requirement for a 3,000 square foot minimum lot area per dwelling unit as it may pertain to affordable housing. The Condominium Map for Lift One Condominiums was recorded on November 17, 1972 in Book 4, Page 312, Pitkin County real estate records. Reduced copies are enclosed for easy reference. Unit 110, Lift One Condominiums, as identified on the Condominium Map, is currently owned by the Association. The Association proposes to divide Unit 110 into 2 units, thereby creating Unit 109 for the purpose of restricting the new Unit 109 to affordable housing. The Lift One Condominium project was created by a condominium map filed on November 17, 1972, long before the implementation of a sophisticated City zoning regimen, Unit 110 was divided into two separate units shortly after the condominium map was filed, but the map was not amended. The Association desires to establish one half of Unit 110 as a rental affordable housing condominium ri~"~ City of Aspen Community Development Attn: James Lindt, Senior Plalmer February 13, 2006 Page 2 unit for use primarily by employees of the Lift One Condominiums who meet the qualifications of Category 4 and below, if appropriate. Unit 109 will comprise a ~Xbedroom unit, as generally depicted on the floor plan attached hereto. This application is submitted pursuant to Section 26.304 (i.e. common procedures), Section 26.470.040C.7 (i.e. affordable housing exemption) and Section 26.480.090 (i.e. amendment to condominium map). Submitted herewith are an original and 30 copies of the following: 1. Agreement for Payment of City of Aspen Development Application Fees. 2. Land Use Application. 3. City of Aspen Pre-Application Conference Summary. 4. Copy of Stewart Title Company's Commitment (tbd) demonstrating the Association's ownership of common Unit 110. 5. Proposed revised condominium map generally showing eXlstmg floor plan and proposed floor plan. A precise survey depiction will be available by the date of the Planning and Zoning Commission hearing to become a part of the application. 6. Owner's authorization. The information required by Se~tion 26.470.240C.7 is as follows: (a) sufficient growth management allotments are available to accommodate the segregation of appropriate living space from Unit 110 to create an employee unit to be known as Unit 109, Lift One Condominiums; (b) the proposed development is consistent with the Aspen Area Community Plan, because an affordable housing condominium unit will be provided; (c) the proposed affordable housing condominium unit will comply with the guidelines of the Aspen/Pitkin County Housing Authority, A recommendation from the Aspen/Pitkin County Housing Authority will be provided after this application is accepted, together with a proposed lease and deed restriction; ......-..,. r-, ~ City of Aspen Community Development Attn: James Lindt, Senior Planner February 13, 2006 Page 3 (d) Subparagraph (d) is not applicable because this application is unrelated to any independent developmeut application; and (e) the proposed affordable housing condominium unit will be restricted to comply with the City of Aspen requirements. The Association also requests an amendment to the Land Use Code to exempt an affordable housing unit in the Lodge District from the minimum 3,000 square feet per unit requirement, generally along the lines requested by staff in the code amendment ordinance proposed by staff to the City Council on January 9, 2006. Staffs proposed ordinance has been tabled, The Association proposes that Section 26.710.190 Paragraph 2(a) be amended to read as follows: "2. Minimum Lot Area Per Dwelling Unit (Square Feet) Multi-family Residential. When the dcvelopment is residential, there is no minimum requirement for an affordable housing unit in a mixed use or lodging development." Also enclosed herewith is the Association's check in the amount of $1,510.00 as the initial fee, a list of adjacent property owners within 300 feet and a CD with all pertinent documents. If you need any additional information, please feel free to contact me. Very truly yours, PAULJ. TADDUNE,P.C. c::___~~__ - ~l Paul J. 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FROM-BGHJ l'~.'tl " 18187665230 -U.1 'ij T-690 P002/002 F-462 ,~t:" ~~,-~~-,~ Uj^ljJjH cITY OF ASPEN COMM4NfTY DEVELOPMENT DEPARTMENT CITY OF A.SPEN (h~ CiTY) ond a.e'.........tl\lr'P..~'~((:it".O'fA"".., ~clonm.., A<>nllti\li<>\1l'o" Lift QQ~ C~~nium A.5oci~tioh, ~~C. (hereinafter MPUCA.NT) AGREE AS POl1.0WS; 1, M'P.LfCANT bllS S1lbmitt...! II) CITY an "I'pliClltion fOi' Exempt'ion <nUll ~QS and S.nh~1"\,"1 tt.{i"'In t-l'I ~....tSA+~ IIII..fTr't,..nAh1..... \)....~,-l)~ 1':19" "nit' nt.l (_....0;_. 'mE PROJECi), <. APPLICANT un&~ wd ~'" th'll Clly or Aspen O,din.nee No, 57 (Ser'es of 2000) estilbliohcs " 1l:e $tn1Ct\ll'O for L~d ~ lII>l'lical.iollS and !he P'lJlmoot of oJl p=iltg f_ .. . condition P~llo. doil>t1l1in=\<ro of.p~_ """'1>1_.... 3. APPLICANT - crrY~tha1 ~o oflhe ;;.... nlllUre or scopo .flhe ~ project. it j, oO(.pemblo al1his lime to -onain t:he- full ~ of tho ooS", illvolvod in pr<>c...-!ng tho .~li<>ari""., API'LICil.NT ..d CITY :furlhor agree: xhot ilis in th<> i=~( of Iho panies that APPLICANT mal:e jlIl}'ml!nt of till ;nlliaI deposit ""..\0 'llIorea&r l"*mit >rddJtJonalc:l>t$ In be biOed to APPUCANr 00 · momlll)' -- AP.f>UCAN'l'.~ ~ = may accrue follnwinil tJtcit Maring' llndio, approvlll', APl'L!C/l.N;), 11$l""'" bo "'ill b;,"b-St6d 'by "'Orining ~ eMir iiqUidity an<! will .mike oddition'" po.ym."to ul'Oo uoililca"n" bJI'1\l<l CITY wh.e.. lhoy'",,, ~ "" cO,tt;, ar. in<:<>mld. CITY ~ ~ will 'be ~omtlM ~ tbc ~ ~\l' <If """"lIering its full = io pro= APPLlCANr'S llJlplltlltiOll, '. CITY .00 APPLICA.NT'~erw... .tlt", n is lmpr.:<olioall!. fur CITY ot.!l'to COmpl"", I"ooe.ssu.g 01: ~! ,ut!i<hlnt ir.>.iOnne:D.Oll U),\hI> 'l'llltlllUlt.Co>nmisaion ""dlor City eov.nil to M""'~ fuc PbMiag Comtnl>sJ6<> IuJ4!OT Cl1y Co\UNil co fDl>k" lo@.lly "'qui=! fillOi"l!" fu< projOOl co."de"",... \lO ""'" c"",om billing< llre paid in :lUll prior tQ docMOJi. s. rhorttfuie, Al'l"UCANT~ fhn,;'; """"iderdliol1 afthe CITY', wowor ofjn:<1sht1o <011"'" full re.. I>riOI p, · d01O~" Qf'lll'P1lcIlli0f1 ~tbu>AeilS, APPLICANT shall l"IY. 011 iilllitl d"POslt ill tllC -""Otlll! of h R 1" n<l'lllfl::h Is.lllr !t<>lif< of Community D<>"olopmcOt smff u.,.. ll1l~ it. atlUBl ~ .~ ""ceed ,iwlMiaJ d"P..ii; APPwCANT """'1 PlIY .<Ul!li<>nAl _n!hl)' blllil)g. ro CITY to .-..Ii'ilhm; 1b'O CJTY fut tho p""''''''in! o:t 1I>e sppliootion mentioned 01;0",,- iMludlllg jlOlll ewroval ",vlt<w ~t.. ""'" of,Uzll.oo pol" 1"""0.' ""ur OVor the hllfjo1 dtl'05h. Sueh pdribdi. paym.." ahcll be modt \Nilbin 30 daY9 of ilII> billing 4ato, APPLICANT f"<lb... osr= thin fuHuctl to pay sucl\ ocotlled eost< llhoI! bo gro\Jttdg foe suspl:l>&i<>n of ~i"$> Ol>d in 00 = will bulidinf pennl!.! b. o..llOd utTtil all cas:rs ~oci.atcd' with ease p~ ~c been pajd. CITY Off ASfEN .Il,; Chi.. Roorl<>l> C<>n""n..tty D...lull'" e.ot Dlrettor Al>,l>L1CANT . Ck 'i rf' { ,"i. 'k..6 ltr' - .A.. 'X'- l.. u ~a~'t, ;/7, ~o ~ BIU!eg ddr".. ""d T .'.ph.... Numb.r; Reoubtld 131 'last. Durant Avenue Asl""'1. CO 8lSU Te~phone: 970-925-1670 ~;\suppo~t\rrmns",gtl>ay..s.do< 1I13a1ii' Received Time .Jan.27, 12:43PM ""...... ... .....-.,....- ATTACHMENT 2-LAND USE APPLICATION APPLICANT: Name: Lift One Condominium Association, Inc. Location: 131 East Durant Avenue, Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) 273513110025 Parcel ill # (REQUIRED) REPRESENT A TIYE: Name: Paul J, Taddune Address: Phone #: 323 West Main Street, Suite 301, Aspen, CO 81611 970-925-9190 PROJECT: Name: Lift One Condominium Association Address: 131 East Durant Avenue, Aspen, CO 81611 Phone #: 970-925-1670 TYPE OF APPLICATION: (please check all that apply): 0 Conditional Use 0 Conceptual POO 0 Conceptual Historic Devt. [i] Special Review (p ar king) 0 Final POO (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition lXJ GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream [X] Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plmle 0 Lot Split 0 Temporary Use [X] Other: Code Amendment 0 Lot Line Adjustment 0 TextlMap Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The Lift One Condominiums rrnjprr WAS r.YPnted bv a condominium map filed of record on November 17, 1972 at Book 4, PaGe 315 Pitkin County real estate records PROPOSAL: (description of proposed buildings, uses, modifications. etc.) Create an affordable housing unit, Unit 109, that is currently a part of Unit 110 Have you attached the following? FEES DUE: $ o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement o Response to Attachment #3, Dimensional Requirements Form o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Fonnat) must be submitted as part of the application. ""''' , "........ "0".....' CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE OWNER: TYPE OF APPLICATION: James Lindt, 429-2763 DA TE: 1/6/06 Lift One Condominiums- Legalize Bandit Unit Paul Taddune Lift One Condominium Association Growth Management Review for the Development of Affordable Housing, Amendment to Condominium Plat. Possible Special Review to establish Parking Requirements As was discussed during the pre-application conference, the Lift One Condominium Association would like to legalize a bandit unit that has likely existed since the ] 970s and malce it a deed restricted affordable housing lU1it. In order to do so, the Applicant requires growth management review for the development of a new affordable housing unit pursuant to Land Use Code Section 26.470,040(C)(7) DESCRIPTION: Special Review approval may be necessary to establish the pmking requirement for the site as what currently exists if there are not enough pmking spaces existing on the site to satisfy the parking requirements in the land use code for the existing free-market units and the proposed affordable housing unit. If the unit is legalized, an amended condominium plat should be filed to represent that the unit exists. Additionally, the 'Building Depmtment may require that the unit be brought into compliance with certain building code requirements, A code amendment will also be necessary to removc the density requirement in the Lodge District for affordable housing units. This is needed because the building is already non-conforming related to the minimum lot area per dwelling uuit requirement that is in the code. Staff will sponsor the code amcndment request as is needed to change a zone district. Applicable Code Sections: 26.304 Common Development Review Procedures 26.310 Amendments to the Land Use Code and Official Zone District Map 26.470.040(C)(7) Growth Management Review for Affordable Housing 26.480.090 Amendment to Condominium Plat 26.515 Off-Street Parking 26.710.190 Lodge (L) Zone District Review by: Staff for complete application, referral agencies for technical considerations (HOUSing), Planning and Zoning Commission for review of the growth management and special review for parking requests. City Council will review the code amendment after considering a recolllmendation hOIll the Planning and Zoning Commission. The Community Development Director may approve an amended condominium plat if the Planning and Zoning Commission approves the growth management review to legalize the unit. Yes at P & Z and at 2nd Reading of the Code Amendment Ordinance. $1320 Deposit for 6 hours of stafftime (additional stafffime required is billed at $220 per hour) $190 $1510 Public Hearing: Planning Fees: Referral Agency Fees: Total Deposit: To apply, submit the following information: 1, Total Deposit for review of application. 2. Completed Land Use Application, ,.,.'" , ... " 3. Completed Dimensional Requirements Form (Attachment 2 in Land Use Application Packet), 4, Applicant's name, address and telephone number, contained within a letter signed by tbe applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x ] 1" vicinity map locating the subject parcels within the City of Aspen, 8. Proof of ownership. 9. Site plan or site improvement survey showing parking configuration. 10. Floor plans of unit to be legalized. 11. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. This should include tbe proposed code amendment language, 30 Copies of the complete application packet (items 2-10) 12. 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 ] 3. Copies of prior approvals, 14. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)'preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convel1ible to Word is acceptable, Process: Apply. Planner will then check the application for completeness. Application is referred to applicable referral qgencies and the Applicant is given a public hearing date by Stqff Staff writes a memo of recommendation. Planning and Zoning Commission reviews case and makes a final cleterrnination on the growth management review and special review for parking at a public hearing. City Council makes determination on code amendment request after considering a recommendation from the Planning and Zoning Commission. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The sllmmary does 110t create a legal or vested right. '.. ."' "...,..,' American Land Title Association Commitment - 1982 TITLE INSURANCE COMMITMENT BY stewart, (ill", gll"J.:;lr;:miy Order Number: 44498-C2 We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and tben our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A The Requirements in Schedule B-1. The Exceptions in Schedule B,II, The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B, IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. stewart ...;;1';i<(;.'!;&~4!.'h"~^prl'P'0s"tt r ' ~~~~t?'-....,~ l' ''.........'1-''1,,0."10- ."".. ~.. '.:...,.- ;.:'t-. '.':t- f~..' <:.,(l'PO,f~-" ........\ i :.:!- _*_ ~:-<~ lS:.. 1908 .:gj "\ ;'" d. ..'~. l ~""'--ft.tfX'A~,.,lj; --..... Countersigned: ~-,-~ Stewart Title of Colorado, Inc. - Aspen Division 620 East Hopkins Avenue l\Spen,CO 81611 (970) 925-3577 Order Number: 44498-C2 Paoe I of2 Commitment-235 WiO Disclosure .. ,- - CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that five constructive notice of matters affecting your title - according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B _ Section I are met. We shall have no liability to you becanse of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing, 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I. or Eliminate with our written consent any Exceptions shown in Schedule B '- Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5, CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment II Order Nnmber: 44498-C2 Page 2 of2 Commitment- 235 W/O Disclosure /"'-, , / COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: December 16, 2005 at 7:30 a,m, Order Number: 44498-C2 2, Policy or Policies To Be Issued: (X) ALTA (1992) Owner's Policy Amount: TOBE DETERMINED ( X ) Standard ( ) Extended Premium: Proposed Insured: To Be Determined ( ) ALT A ] 992 Loan Policy ( ) Standard ( ) Extended AmOllilt: Premium: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Lift One Condominium Association, Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Colorado. 5. The land referred to in this Commitment is described as follows. Condominium Unit 110, LIFT ONE CONDOMINIUMS, according to the Condominium Map thereof, recorded November 17, 1972 in Plat Book 4 at Page 312 as Reception No. 155370, and as further defincd and described in the Condominium Declaration for Lift One Condominiums, recorded November 17, 1972 in Book 268 at Page 921 as Reception No. 155369. County of Pitkin, Statc of Colorado Statemcnt of Charges Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. To Be Determined Examiner Name: Chuck Dorn ...";...., -, " SCHEDULE B - Section 1 REQUIREMENTS Order Number: 44498-C2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Release of Deed of Trust Dated: September 22,1988, Exccuted by: Lift One Condominium Association, Inc., a Colorado non-profit corporation, to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $168,000.00, in favor of: Sun Savings & Loan Association, Recorded: September 22, 1988 in Book 573 at Page 868 as Reception No.: 304199. NOTE: The beneficial interest under said Deed of Trust was assigned of record to State Street Bank and Trust Company, as Trustee by Federal Deposit Insurance Corporation, as Conservator recorded August 14, 1998 as Reception No. 420715. 2, Certificate ofIncorporation or Certificate of Good Standing of Lift One Condominium Association, Inc., a Colorado non-profit corporation, issued by the Secretary of State of Colorado. 3. Evidence satisfactory to Stewart Title Guaranty Company, nlrnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (I) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 4, Certificate from the management group evidencing the fact that all Condominium expenses have been paid pursuant to Paragraph No. 26 of the Condominium Declaration. 5. lndemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, lnc, 6. Deed from vested owner, vesting fee simple title in purchascr(s). ".'-""", .... '.....,./' "" SCHEDULE B - Section 2 EXCEPTIONS Order Number: 44498-C2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction ofthe Company: 1. Rights or claims of parties in possession, not shown by the public records. 2, Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection ofthe premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the puhlic records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement arca, 8, Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 26, 1949 in Book 175 at Page 298 as Reception No. 96929. 9. Terms, conditions, restrictions and obligations as set forth in the Condominium Declaration for Lift One Condominiums, recorded November 17, 1972 in Book 268 at Page 921 at Reception No. 155369. 10. Easements, rights of way and other matters as shown and contained on Condominium Map of Lift One Condominiums recorded November 17, 1972 in Plat Book 4 at Page 312 as Reception No. 155370 . r' ~/ ,........ "~ Any and all unpaid taxes and assessments and any unredeemed tax sales, The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. . . ,-." ~ DISCLOSURES Pursuant to C.R.S, 10,11-122, notice is hereby given that: A. The subject real property may be located in a Special Taxing District; B, A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County Treasurer's authorized agent; C. Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time ofrecording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado, luc. - Aspen Division conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner'may be available (typically by deletion of Exception No, 4 of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by lnechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's. and materialmen's liens. D, The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of Connnitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company, No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File Number: o..!4498-C2 Stcwmt Title ofCnJorado, Inc. - Aspen Division Disclosures Page I of 1 . .. . ,....~..... , >."../ PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V ofthe Oramm-Leach-Bliley Act (OLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed, In compliance with the OLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado, Inc. _ Aspen Division and Stewart Tille Gnaranty Company We may collect nonpublic personal information about you from the following sources: . InfOlmation we receive from you, such as on applications or other forms. . Infonnation about yonT transactions we secure from our files, or from OUT affiliates or others. . Infonnation we receive from a consumer reporting agency. . Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information wilJ be collected about you. We may disclose any of the above information that we collect about our cllstomers or former customers to our affiliates or to nonaffiliated third parties as pennitted by law, We also may disclose this information about our customers or fonner customers to the following types of nonaffiliated companies that perfonn marketing services on our behalf or with whom we have joint marketing agreements: . Financial service providers such as companIes engaged in banking, consumer finance, securities and insurance. . Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLlC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPEClFICALL Y PERMITTED BY LAW. We restrict access to nonpublic personal infonnation about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safegnards that comply with federal regulations to guard your nonpublic personal information. File Numbec 44498-C2 Stewart Titlc of Colorado, Inc. - A~pCll Division Privacy Policy Notice Page I of I 01/24/2005 04:23 1 r' CAROLE BERHORST PAGE 02/02 .. " It "......../ LIFT ONE CONDOMINIUM ASSOCIATION, INC. 131 EAST DURANT AVENUE ASPEN, COLORADO 81'611 (970) 925~1670 JanllftIY 25, 2006 City of Aspen Community Development Department 130 South Galena 'Street, Third Floor Aspen, CO 81611 Re: Lift One Condominiums: . Exemption from OroVv'th Management for Creation of Affordable Housing Unit . Exemption from Subdivision for Condominium Plat Modifics.tion Special Review for Parking Requirements . Code Amendment to Remove the Densi1y Requirement in the Lodge District for Affordable Housing Unit To Whom-It May Concern: Please ancept this letter as authorization forthe submission of an application for exemption from growth m"""&'lllent furtbe creation of an affurdable condomicium housing unit as setforth in the letter-from Paul J. Tadd1l!le dated as of January 2S, 2006, on behalf ofilie Lift One Condominium Association, Inc. The submisSion ofilie application has been ":{,thorized by the Board ofManagers and the Memb=hip of the Lift One Condominium Association, Inc. Mr~ Tadd1l!le is authorized to represent the Association with regard to this application. Very truly yours, LIFT ONE CONbOMlNIUMASSOClATION, INC. 7 'clReceivedTime Jan24 3:52PM .llnfl.'1U I "^U I III I,.,,.. , ., I ^"" 7 .,.,."" ~ - - """'" -- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE SCHEDULED PUBLIC HEARING DATE: 200_ ADDRESS OF PROPERTY: STATE OF COLORADO ) ) SS. County of Pitkin ) I,~VV1 i"? S I l \. . {; j- (name, please print) being or representing an Applicant to ~ity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ 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 n4t 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 _ &tty 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) &ays prior to the public hearing, notice was hand delivered or mailed by first class ~stage prepaid U.S. mail to all owners of property within three hundred (300jfeet 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 amendments. ,~~:;C~L (,/~( /:11 1- The foregoing "Affidavit of Notice" was acknowledged before II,1e this 2\7 day of~)Y" ,200J2,by --J!;jVVtr::", ur0+ WITNESS MY HAND AND OFFICIAL SEAL q 12.51 D '1 My commission expires: ~~ Notary Public \' 10 " PUBLIC NOTICE ~E: LAND ~SE ~'(~DE AMENDMENT _ LAND USE CODE SEcr~ 26.110,190 LOLlGF l(l"E DIS TRlCT '. " ,- h ' . NO~IC IS HEREBY GIVEN that a public earIngwl!! held on "[uesday, May2, 200G, ata ~eeh~g to gm ~I 4::!O p.m. before the A~pen R~an[]Jn~. and Zor:my Commission, Sisler Cities om. City Hall. LJn S. Galena 51.. AS[lcn CO t reYle~ a land use code amendment app'Jka!io~ subrnJlten by the Lift CundominiumAssociation 131 E. Durant Avenue, Aspen, COlorano, to ex~ en:pt the development 01 allordabJe housing umts from the minimulll lut area per dwelling lInil ~~UJre~ent 10 t~e Lodge (l) Zone District. The and Use Code Section subject to thp proposed amendment is Land Use Cnde S.! 26'7]O'I90(D)(2)~1, Lodge Zone Distric;:e~~::~ mum Lot Area pe )welJing Unit ~~r further info ation, ~onta~t James Lind! at e CIty of Asp Community Development De. gar!melll, J3()S: alenaSt., Aspen, CO, (970)129_ ~763,orbyemaJ ltJalllesl@CLaspelJ_COUS s/JasmineTygrf',Chair r bJ' Aspen,PJanningandZoningCOmmi5Sion lJ lshed III the Aspen TUlles \Vc~klv on '.l,pril ] 6, 2006, (36] 8) ~ . \..'-, " ATTACHMENTS: "~:2",,' NI~ CommlSSlcn 08/2512009 ~OPY OF THE PUBLICATION PH OF THE POSTED NOTICE (SIGN) ill GOVERNMENTAL AGENCIES NOTICED BY MAIL "..... " ~-~Q; i d rD fo (;(( ~dJlAVl~ -~e5 I/IJ- V~U( \;112_ /Jodi CODE SECT~d.'U(a{ IIr .:-9 ((~ - PUBLIC NOTICE RE: LAND USE CODE AMENDMENT - LAND USE 26.710.190, LODGE ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 2, 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, CO, to review a land use code amendment application submitted by the Lift Condominium Association, 131 E. Durant Avenue, Aspen, Colorado, to exempt the development of affordable housing units from the minimum lot area per dwelling unit requirement in the Lodge (L) Zone District. The Land Use Code Section subject to the proposed amendment is Land Use Code Section 26.71O.l90(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit. 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 atjamesl@ci.aspen.co.us. s/Jasmine TVl!.re. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on April 16, 2006 City of Aspen Account Impression antibourrage et a sechage rapide Utilisez Ie gabarit 5160tll> - www.avery.com 1-80o-GO-AVEPv - 124 E DURANT AVENUE LLC C/O WOGAN WENDY 533 W FRANCIS ASPEN. CO 81611 710 S ASPEN LLC 314 S GALENA ST STE 200 ASPEN,CO 81611 ALPINE BANK ASPEN 600 E HOPKINS AVE ASPEN, CO 81611 AL YEMENI MOHAMMED & ALICE 3109 OAKMONT DR STATESVILLE, NC 28625 BARBEE MARY K 625 SKYLINE DR CODY, WY 82414 BENT FORK LLC C/O FESUS GEORGE POBOX 9197 ASPEN, CO 81612 BOURGAULT MARY JANE 555 E DURANT AVE #4J ASPEN, CO 81611 BRENNAN JACQUELINE NANCY 31 TRAINORS LANDING ASPEN, CO 81611 BRITTON CARl PO BOX 12131 ASPEN, CO 81612 BROWNELL LORRAINE B 1030 SECOND ST MORGAN CITY, LA 70380 CABELL JOE C/O CHARTHOUSE 1765 ALA MOANA BLVD HONOLULU, HI 96815 CAIN DOUGLAS M CAIN CONSTANCE MOFFIT TRUSTEES 1960 HUDSON ST DENVER, CO 80220 CARLSON KEITH 101 E COOPER #302 ASPEN, CO 81611 CARRUTHERS MARILYN 101 E COOPER #301 ASPEN, CO 81611 CHAPLIN ARLENE & WAYNE 212 E DURANT AVE #0 ASPEN,CO 81611 CHRISPAT ASPEN LLC 1775 BROADWAY 003401 NEW YORK, NY 10019 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COHEN ARTHUR S IBSEN 72 MEXICO CITY MEXICO, 11560 COLEMAN ISAIAH PO BOX 11239 ASPEN, CO 81612 CROCKETT RUFUS PO BOX 3837 ASPEN, CO 81612 @09~5 @AlIaJ\V \!l A1l3^"'-09-OOS-~ WOO'AlaAR'MMM - 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www.avery.com 1-80G-GO-AVEpv - CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DOLlNSEK FRANK JR 619 S MONARCH ST ASPEN, CO 81611 ELLIS PAUL DAVID 100 E DEAN ST #2F ASPEN,CO 81611 FARR BRUCE K & GAIL H PO BOX 5142 ASPEN, CO 81612 FOX THOMAS H 7953 MAURER RD CROSS PLAINES, WI 53528 GARMISCH LLC 5720 EXECUTIVE DR BALTIMORE, MD 21228 GILLESPIE JOHN E REVOCABLE TRUST 775 GULFSHORE DR #4219 DESTIN, FL 32541 GUBSER NICHOLAS J PO BOX 870 ASPEN, CO 81612 HEIMANN GEORGE R 100 E DEAN ST#2E ASPEN, CO 81611-1967 HILL EUGEN DUBOSE III & JOAN LUISE TRST PO BOX 129 PRIDES CROSSING, MA 01965 A1l3^"-09-o08-~ wc>>',(JaAe'MMM - - @ AVERY@ 5160@ CZAJKOWSKI MICHAEL CZAJKOWSKI SANDRA J 90 LA SALLE ST APT 16G NEW YORK, NY 10027 DONCER JOYCE TRUST 7641 W 123RD PL PALOS HEIGHTS, IL 60463 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 FELDMAN SELMA PO BOX 4550 ASPEN, CO 81612 FREIRICH MARK A PO BOX 774056 STEAMBOAT SPRINGS, CO 80477 GEORGIEFF KATHERINE TRUSTEE OF THE KATHERINE GEORGIEFF REVOCABLE LIVING TRS #11 TOPPING LN ST LOUIS, MO 63131 GINSBURG ANNE C & ROBERT B 7933 YORKSHIRE CT BOCA RATON, FL 33496-1323 HATCHER HUGH S 205 E DURANT AVE APT 2E ASPEN, CO 81611 HENRY WAYNE SCOTT PO BOX 2383 GRAPEVINE, TX 76099 HINES TOM & CAROLYN 21 TRAINORS LNDG ASPEN, CO 81611-1652 GII09~5 UVldWU lIIJ,(JaA" asn 6u!~U!Jd aaJ~ a6pnw5 pue wer Impression antibourrage et a sechage rapide Utilisez Ie gabarit 5160@ HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 IAVARONE GIANFRANCO & RITA 3410RIENTAAVE MAMORONECK, NY 10543 JOBE MARCIA PO BOX M-3 ASPEN, CO 81612 JUAN STREET HOMEOWNERS ASSOCIATION 119 JUAN ST ASPEN, CO 81611 KEITH JOHN III 300 PUPPY SMITH ST #203-230 ASPEN, CO 81611 KULLGREN NANCY A 205 E DURANT AVE UNIT 2-C ASPEN, CO 81611 LEBBY ERIN PO BOX 1352 ASPEN, CO 81612 LOCHHEAD RAYMOND R & EMILIE M 200 SHERWOOD RD PASO ROBLES, CA 93446 MACHUCA EDGAR F 11 TRAINORS LANDING ASPEN,CO 81611 MESSNER CHRISTIAN 119 E COOPER AVE #21 ASPEN, CO 81611 ~~S @AlIaAY ~ - 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www.avery.com 1-800-GO-AVEllv - MURRAY DENIS PO BOX 3770 ASPEN, CO 81612 NOBLE GUY T PO BOX 9344 ASPEN, CO 81612 PASCO PROP LLC SMITH PATRICK A POBOX 850 ASPEN, CO 81612 PROD INGER IRMA PO BOX 1245 ASPEN, CO 81612 RUDERMAN ERIC P & MIMI E 1536 OGDEN ST DENVER, CO 80218-1406 SANDS BENJAMIN N PO BOX 4375 ASPEN, CO 81612 SETZLER ALEX 33901 MARIANNA DR #11 DANA POINT, CA 92629 SHENK ROBERT D 290 HWY 133 CARBONDALE, CO 81623-1530 SMITH RONA K 1742 HILLSIDE RD STEVENSON, MD 21153 SOUTHPOINT-SUMNER CORP 4828 FORT SUMNER DR BETHESDA, MD 20816 A1I3^,"-o9-008-~ WOJ'A19Ae'MMM - - @ AVERV@ 5160@ NELSON ARLENE 119 E COOPER ST #6 ASPEN, CO 81611 ONEAL PROPERTIES LLC 205 E DURANT AVE ASPEN, CO 81611 PINES LODGE DEVELOPMENT LLC 2353 IRVINE AVE NEWPORT BEACH, CA 92660 PURVIS ROBERT K & CAROLYN K PO BOX 3089 ASPEN, CO 81612 RUMSEY DANIEL W 3175 S WINCHESTER BLVD CAMPBELL, CA 95008-6557 SCHAYER CHARLES M III 588 S PONTIAC WAY DENVER, CO 80224 SEVERY REV TRUST 70.39% 30 DEXTER ST DENVER, CO 80220 SILVERMAN MARC A & MARILYN L 937 DALE RD MEADOWBROOK, PA 19046 SOLONDZ TAMI S PO BOX 2829 ASPEN, CO 81612 SPAULDING RICHARD W THOMPSON ELEANOR M PO BOX 278 CONCORD, MA 01742-0278 @09~5 UYldWU@A19A.... asn 6u!~U!Jd 91lJ~ a6pnw5 pue wer Impression antibourrage et ill sechage rapide Utilisez Ie gabarit 5160fl) STARK RENEE A 432 W HOPKINS AVE ASPEN,CO 81611 TELEMARK APARTMENT 2 LLC 3910 S HILLCREST DR DENVER, CO 80237 TRAINORS LANDING CONDO ASSOC COMMON AREA EXEMPT VENTER HENDRIK JOHANNES PO BOX 11979 ASPEN, CO 81612 WHITE JALEH THICKMAN DAVID 152 E DURANT AVE ASPEN, CO 81611-1737 WOLF FAMILY TRUST 12/23/1986 1221 MYRTLE AVE SAN DIEGO, CA 92103 ZAUNER HEINZ JURGEN C/O BARBARA ELIAS 0451 STAGECOACH LN CARBONDALE, CO 81623 ilD09~5 @AH3AV @ - www.avery.com 1-800-GO-AVERV - STITT ELIZABETH WILES IRREV TRUST 1450 SILVERKING DR ASPEN, CO 51611 THALBERG KATHARINE 221 E MAIN ST ASPEN, CO 81611 UHLFELDER FAMILY INVESTMENTS RLLP 210 AABC STE AA ASPEN,CO 81611 WALDRON GAIL YN L TRUSTEE PO BOX 7964 ASPEN, CO 81612 WICHMANN VICTORIA 119 E COOPER AVE #4 ASPEN, CO 81611 WOODSON TATJANA 0 POBOX125 TETON VILLAGE, WY 83025 ^1I3^,lf-O!l-008-~ WO)'NaAe'MMM - - @ AVERV@ 5160fl) TAYLOR HARVEY C W 301 N 9430 HWY E HARTLAND, WI 53029 TOWNE PLACE OF ASPEN CONDO ASSOC INC C/O ASPEN LODGING COMPANY 747 S GALENA ST ASPEN, CO 81611 VANTONGEREN HAROLD V & LIDIA M 2000 E 12TH AVE BOX 8 DENVER, CO 80206 WEINGLASS LEONARD PO BOX 11509 ASPEN, CO 81612 WILLETTE NANCY 100 E DEAN ST#2D ASPEN,CO 81611 WRIGHT LISA PO BOX 3770 ASPEN, CO 81612 ilD09~5 3l'<f1dll\l31 ilDNaA'<f asn 6u!~U!Jd a....~ a6pnw5 pue wer 1 :>-~o rnw- "00'" men-< .z Gl 0 0:>-" Or:>- men ",z'U ~:>-m a>rnz ::.., ;J> w ~ <Eo IV '1;l 'w r, ?<,;o n~ =..g O;:--~ oo~-:lo --' ~ c:: :J 0\. so c... 0.- _ 0. 0 --' ~:: :3 """l -' ~. g "r'D ::: :--0= C/)(;= c ;:.::.., n w o ;t>- O> " ~. ;:;. ~. ~ ~ ~ V ~ c .,,-: '...~._l,:... _,4 ., ..'....;1 - 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