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Home My WebLink Aboutcoa.lu.sr.Woodstone Inn.23A85 I, -- ! ' J-\ ...---- CASELOAD SUMMARY SHEET City of Aspen '- DATE RECEIVED:1~:J!5 ..gs- " -~SE NO. ,-R~-g.s- . loATE RECElVED COf'PLETE', ~F: " ,So S PROJEcr NAME, u.)rJDlJtMJ.)-jnrl- ' , C?k\' i\ .. Q..,. ,.:1-' APPL ICANT: Applicant Add.ess/Phone: REPRES EN TAT IV F;I! ~Mflt:t Representative ddre s Phone: Type of Application: WI2'~(W aUU/') (kpuvJ //J Olbl( 1. GMP/SUBDIVISION/PUD (4 step) Conceptual Submission _ Preliminary Plat ~ Final Plat ($2,730.00) ($1,640.00) ($' 820.00) II. SUBDIVISION/PUD (4 step) Conceptual Submission Preliminary Plat Final Plat ---.- ^ "", ' .', ", J._<.. ." ) /1 I I .:&~~~~!E-X-BMP'l'-ION'"fT{EZ ffi1N&--( 2 , IV. SnCIA-fr--REil--.EEW (I step) step) ($1,900.00) ($1,220.00) ($ 820.00) ($1,490.00) ($ 680.00), - Special Review Use Determination Condi tional Use Oth er: -------------------------------------------------------------------- -------------------------------------------------------------------- P&Z @MEETING DATE: ~\...-C 2-l" DATE REFERRED: PUBLIC HEARING: IN ITIALS: YES GV --------------------------------------------------------------------- --------------------------------------------------------------------- REFERRALS: J lcA'" '\ --"'--7 Ci ty Atty "..l,,\../, Aspen Consolo S. D. ......L. Ci ty Engineer<.~iS Mtn. Bell _ Housing Dir. -\'-~ Parks Dept. ____ Aspen Water ____ Holy Cross Electric ____ City F;lectric ____ Fire Marshall _ Envir. Hlth. ____ Fire Chief _ School District ____ Rocky Mtn. Nat. Gas ____ StateHwy Dept (Glenwd) --7' StateHwy Dept (Gr.Jtn) ~ Bldg: Zonin9/Inspectn ____ Other: ===;==~==========================================================~==== FINAL ROUTING: ) DATE ROUTED: INITIAL: City Atty ____ City Engineer ____ Building Dept. Other: Other: FILE STATUS AND tOCAT ION: .~"! ~ .:' ~, ,..,..;,.- ,I \ MEMORANDUM TO: Paul Taddune FROM: Steve Burstein, Planning Office Woodstone (Aspen Club Lodge) Condominiumization Plat RE: DATE: February 19, 1986 --------------------------------------------------------------------- --------------------------------------------------------------------- In a conversation with Dick Butera today we discussed the following items: 1. Mr. Butera does not intend to follow through with condominium- ization of the Aspen Club Lodge. He believes the employee housing obligation is, therefore, voided and does not intend to deed restrict either on-site or off-site units he has committed to through the condominiumization plat amendment process. Furthermore, no plat amendment would be filed at this time. The recordat ion of the plat amendment was the principle instrument for compliance to the conditions of approval acted on by Council on August 26 and December 16, 1985. Some of those conditions are substantive and outside the "use by right" of the owner with or without condominium- ization including employee housing, movement of trash storage and pick-up and handicapped access. Reconstruction of the AnChorage/Aspen Club Lodge Restaurant on the mezzanine level through transfer of FAR is a use by right; however, the mechanism by which it is to be achieved is through a condition of approval entailing the approval by the Board of Adjustment. Condition #7 of Council's 8-26-85 approval states "Nothing in this approval shall be construed to reduce the owner's obligations made by the original approval of condominiumization and all subsequent agreements". The employee housing obligation may be a part of a former agreement that is "free standing" from condomini umiz at ion. 2. Mr. Butera would like to delete condition #3 of the December 16, 1985 Council approval requiring plat amendment submission prior to Certificate of Occupancy. I suggest that if condominiumization is no longer a valid instrument for enforcement of the conditions of approval for items not covered as "use by right" than there should be: a) An amendment to the condominium plat approval allowing a Certificate of Occupancy without plat submission, and ~,. ,-, 1""'\ b) A separate agreement incorporating key representation\ 3. An issue has been raised through a complaint about the mezzanine level deck. My approach was to require another plat amendment clearly showing the deck. Council would then have the opportunity to review this item as it should be on the condominium plat map and Council did not specifically review it before. However, this procedure may be rather irrelevant if no condominium plat is to be recorded. SB.19 C C, :':i ~ ,I., ;, ,..,~... ^ ,-., WOODSTONE CONDOMINIUMIZATION PLAT AKENDKENt On December 16, 1985 City Council approved the request 3 in favor, I opposed, to reorganize 2,223 square feet of existing flo"or area (counted FAR) from the current Anchorage Restaurant and transferring 2,145 sq. ft. of this space to a ne" mezzanine level restaurant above the building, subject to the following conditions: I. The Anchorage Restauran0--;:(11:J;) reconstructed as an employee parking ar,ea sO as not to count against FAR. The applicant must apply for a variance from the Board of Adjustment for the open space encroachment of the parking ram l' / c 0 ve r p r i 0 r tot h e is s u an ceo f a b u i 1 ding pe r m it. Prior to the issuance of a Certificate of O'ceupancy for the mezzanine restaurant, approval by the Beard of Adjustment must be obtained or, in the event that the ]\.eard de,nies the request, a plan to definitively seal u,p the space from FAR use with appropriate legal provisions for enfercement must be approved by the Planning Office and Building Department. 2. The sa Ie of the airspace above tl>e lebby te Woods tone Associates shall be finalized prior to recordation ef the plat. 3. A final Condominiumization Plat Amendment s'h,all b'e submitted prior to Certificate of Occupancy containing all changes a l' l' r 0 v e don Au g u S t 26, 1 985, and 0 n D'ec em'be r 1 6. I 985 and shall conform to the requirements of Section 20-15 of the Municipal Code. 4. The applicant shall submit prior to Certificate of Occupancy a Statement of Subdivision Exception through the City Attorney's Office. S B. 51 employee' housing prpposCl.L III"'''''' ~v -~-"-" ""',. of plat. , G,) ;~:a ,am:onvd~~n~r~~~ :~~r:;:O::l bao;emt:~t eax;t:~:ii;~aa:fngstaor~~; trash pick-Up area in the Durant Street puking lot shall be approved if a new parking space ?an, be created, ,e~ sewher~on the Woodstone Inn site that satJ.sfle,s the Plannlng- OffJ.?e. The applicant must obtain Planning Office's approval poor to recordation of the plat. In the event that such approval /\'\is not given, then all,endment 10 is not approved. ( ~.. )The applicant shall provide handicapped access at the Spring L// / i..."..;.......,;.<";.,<~.,;,c...;;"'"......''"'"''''.......,.....;.................~<"....~,..,:...............;,,.;,-..." .",' -'. ~"""",:."."...............;."",-, ..:-.,...'".\<"...."..,:.....' ..' __ ....'-_ ."N~~..............".".,..-...^.. .'...d~...."~____._... I"'---. -, () not be enough to know if a program were working because there are other factors, like more or less snow or wind. ~j.n9 Aspen City Council December 16. 1985 Ms. Cassin told Council the ordinance in effect, before Ordinance 147, allows each building to have one high polluting fireplace or stove and an unlimited number of certified devices. Mayor Stirling said Aspen does have inversion challenges; the question is whether Ordinance i47 addresses the concerns adequately. Mayor Stirling said via ~he petitions, the citizens have said this ordinance does not address the concerns. Mayor Stirling said setting an election does not accomplish cleaning up the air of the conununity. Councilman Isaac said to date he has not seen an effort to initiate a voluntary program. Councilman Isaac said he would like to set a date for the election, try to initiate a clean air program, and cancel the e~ection if that happens. Councilman Isaac moved to set March 18, 1986, for a special election, get some ideas and dialogue going, and cancel the election, if necessary; seconded by Councilwoman Walls. All in favor, with the exception of Mayor Stirling. Motion carried. Mayor Stirling said the city needs to get a clean air program going and needs citizens to help. Sally Roach said attempts to work ~Iith the city got nowhere, and they were told if the pUblic 'does not like the ordinance, they should do a referendum petition. Ms. Roach said they have done a referendum. A citizen suggested rescinding the ordinance and spend time, money and effort on a program to suit everyone, rather than spend time, money and effort on an el~ction. Torn, Dunlop, environmental health department, told Council there is a compromise ordinance available. Dunlop said his department is extremely interested in vol untary efforts but there has not been a lot of conununity support. Ms. Cassin told Council the previous law allows one dirty burning device and an unlimited number of clean burning devices per building. It turned out that the ftcertifiedft devices in many instances are high polluting. The concern of the CAAB was to ,limit the ftcertifiedft devices. The compromise ordinance allows one dirty burning and one certified device per building. The air quality problem is a concentration of many fireplaces in one building. Ms. Cassin said they are trying to keep options open for people who do heat their homes with wood. jQ9~---'~+;-R'~m<AM~:~~R}.l!l' ,'\ \ I '......;:,,/ Councilman Collins left the room due to a conflict of interest. Alan Richman, planning office, told Council the applicant wants to eliminate the existing Anchorage restaurant and replace the square footage in the mezzanine of the lobby. Richman told 7 ~)" \ ' ...~. A ,~ ReQu1ar Meetinq Aspen City Council December 16, 1985 Council the reason for eliminating the existing restaurant space is that, the building is at or above the FAR, and there is no square footage available to add a new restaurant. The original proposal, was to fill up the existing restaurant space, close it off and replace the square footage on the mezzanine. Richman told Council the staff felt uncomfortable with that approach. Richman suggested to the applicant that they replace the existing restaurant with a parking area, which would not be counted in the FAR. Richman told Council if a parking garage is built, the ramp will be in the open space, and the applicant will have to go to ' the Board of Adjustment for a variance. Richman had told the app1 icant the parking concept bef ore Council will have to be tabled, until they go to the Board of Adjustment. The applicant is trying to get this work done for the winter season, and has informed the planning office they'wou1d rather close off the existing space. Richman told Council the planning office has had no chance to refer this proposal to any agencies. Richman recommended tabling this issue in order to come to conclusions if filling the space with some material is an appropriate way of eliminating FAR. This may put the city in an enforcement bind. DiCk Butera, applicant, told Council the Municipal Code says he is allowed to do what he is pr.oposing, to take the FAR within the structure and move it wherever he pleases. Butera said he wants to move the restaurant out of the basement to a space where it will have magnificent views of the mountain. Butera told Council the staff said he has to make the old space unusable or he cannot move the restaur.ant. :{>utera said he is trying to make the building and the guest experience nicer. Butera suggested deed restricting the basement area, with a fine for entering it, rather than filling it with sand or cement. Butera said he went to the building department with a plan to cement up the space and put sprinklers inside it. This was agreed on. Then the planning office came up with an idea to put underground parking in this space. Butera said this requires him to go to the Board of Adjustment and prove hardship, when all he wants to do is shift the FAR within the building, foot for foot. City , Attorney Taddune said previously the city was making ad hoc contractual arrangements with developers, and this did not work, and the city ~las always on the short side of the agreement. Taddune said he felt the parking garage was a good solution. Taddune said if the applicant wants to move the space, the other space should be gotten rid of. Richman said the staff is not against this proposal but are trying to accomplish it in a manner which is not an enfor~ement problem. ,Mayor Stirling suggested Council approve shifting of the FAR and then let the appl icant work out how to deal with the old space. 8 /~\ \ ! ~ c') I"". f I ~ Regular -Meetina- '..- Aspen City Council December 16. 1985 MayoI:' Stirling said the Council ought to facil itate improvements to the resort. Richman said the applicant will have to go to the Board of Adjustment for the parking solution because the building is def icient in open space, and a ramp for the, parking takes away from the open space. Jim Colombo told Council they have tested 3 separate vehicles to, see if they can fit in this space. Butera said they would like to be able to build at their own risk. Mayor Stirling moved to approve the request subject to the fOllowing conditions; (a) instead of ,approval by the Board of Adjustment being obtained prior to the issuance' of a building permit, that the applicant be required to seek permission for doing the underground parking garage and whatever variances are required; (b) the sale of the air space above the lobby shall be finalized; (c) delete the condition regarding assignment of parking spaces: (d) final condomaniumization plat shall be subroitted (e) appli.cant shall submit a statement of subdivision exception to the city attorney's office; seconded by Councilman Isaac. Andy Hecht said the parking area is still in the planning stages and all the applicant wants to be bound to is el iminating the floor area measurement of the basement. The applicant will try for the parking solution, but there may be reasons that fails. Mayor Stirling suggested putting in his motion to state if the parking alternative fails, other struc'tural changes satisfactory to the planning director and building inspector may be made to eliminate the FAR. Taddune suggested that by c/o the question of the parking spaces is either resolved to the satisfaction of the planning director and building inspector, or the space is blocked off to the satisfaction of the staff. Council agreed to this. All in favor, with the exception of Councilwoman Walls. carried. Motion G~lP ALLOCATION ~ CRESTAHAUS L.c3 Steve Burstein, planning office, told Council the Crestahaus is requesting from the L-3 quota, 10 units from 1985 and 4 units from 1986. The proposal is for a general upgrading of the lodge, new landscaping and parking schemes and some employee housing. P & Z score'd this above the required threshold. The main issues were parking on the east side of the lodge and impacts on the residents of Riverside subdivision. Other issues were visual impacts, drainage, and exterior lighting. Through the P & Z' s special rev iews, it was felt these issues were adequately addressed. Burstein recommended approval of the allocation of 14 uni ts. 9 " ,!;.,;"'':li....'''.J'~:t?','i'i;;i!;.'''..,U',~Q~.. T~~, "$lrllo r~'..,." , .-. ~ I i i' I ~ ~ '.~ MEMORANDlJ M FROB: Aspen City Council Hal Schilling, City 11anager Steve Burstein, Planning Office -AfZ Woodstone Condominiumization plat Amendment '1'0: TIlRU: RE: DATE: December 10, 1985 ==~=======~=================~=================================~:===== . sur.1MARY: The Planning Office recommends tabling action on the requested Plat Amendment. REQUESTED AcrION: The applicant request s approval to reorganize 2,223 square feet ,of existing FAR from the current Anchorage Restaurant, creating an employee underground parking facility exempt from j,'AR calculations, and transf er ring 2,145 of this area to a new mezzanine level restaurant above the lobby. Access to the new garage \qill be off of Ute Avenue. Also requested is the designation of t\qO storage areas, currently General Common Element (GCE) and Unit 100 Limited Common Element (LCE) areas, to, Unit 232, a deed-restricted employee housing unit. PREVIOUS COUNCIL AcrlON: On August 26; 1985, City Council approved the ~loodstone Plat Amendment consi sting of ten (10) amendment s to the or iginal vloodstone Condominiumization Plat. The original condomini- umization VJas accomplished through City Council approval of the Soderling Subdivision Exception on l1ay 11, 1981. An agreement vias made on April 2, 1985, between the City of Aspen and the current owners of the Woodstone, Woodstone Associates, that reinterpreted the original conditions of condominiumization. BACKGROU~~: The request before you tonight is another change in the space arrangement that if approved will be recorded as a single plat amendment submission, combined with changes approved on August 26, 1985. PROBLEr1 DISCO SSlON: A. Referral Agency Cow~ents: 1. Engineering Department - In a memorandum from the Assistant City Engineer dated December 3, 1985, the following points \qere made: a. The applicant should be required to submit and record the Pinal Plat for amendments approved on August 26, 1985, as well as any changes approved through the ,^, ,~ " present request prior to the issuance of a Certificate of Occupancy. b. The radius of curvature of the ramp to the underground parkin,g area may be too tight for a car to be able to make the turn. "'v c'- The applicant should be required to furnish documenta- tion on the assignment of fourteen (14) parking spaces shown on \'loodstone Condominiumization Plat as to ~Ihether they are f or use by the Woodstone or the Aspen Alps. . B. Planning Office Comments: The Woodstone is presently above its allowable FAR. Therefore, for the applicant to c;:reate a new mezzanine level restaurant, some of the current floor area must be removed from the building. One approach to this problem was a proposal by the applicant to seal the space housing the Anchorage off and fill it with dirt. The Plannina Office felt that to exempt an area from FAR through filling'it with dirt 110uld be very difficult to nonitor. It would also be a waste of space when the Woodstone is deficient in its off-street parking. As an alternative to the applicant's idea, we suggested that the area in question be used for parking, since this would also not count as FAR. The applicant is willing to explore 11hether such an option is feasible. Section 20-23 (A) (5) of the ~~unicipal Code states that "any changes, alterations, or renovation made to common areas shall not diminish the size or quality of the common areas." We feel that the mezzanine restaurant meets this criteria, as it should be an attractive space utilizing the southfacing windows for - views of Aspen Nountain. It should be noted that the subject air space is presently under ownership of the Cantrup Estate. A request has been filed with the Bankruptcy Court to grant a r-!otion for Leave to Sell property Out of '.che Ordinary Court of Business. In the absence of any objection by any party, the Court can grant the motion on or before December 16, 1985. Chief Executive Officer of the Estate, Spencer Schiffer, has agreed that this application should pro- ceed. A condition of approval should be to require that this sale be finalized prior to the recordation of plat, thereby eliminating any potential problems of conflicting contentions of ownership. The request to change the ownership designation of two storage areas to the employee unit 232 also does not appear to diminish the quality of common. areas. There appears to be adequate storage space el se\1here in the lodge. Furthe rmore, t hi s chan ge enhances the employee unit by increasing the s::Iuare footage for 2 -, ,-,. '. the employee's use. It also achieves a closer approximation to the on-site employee housing obligations, and the approval of this change is one of the conditions of approval for the Cortina Lodge, approved by Council on December 9,1985. The underground parking proposal seems to have many merits. A net gain of four parking spaces ~lould be created. The entrance/exi t on Ute Avenue would not appear to cause serious congestion or sight-distance problems. Both the Aspen Alps Condominium Association and Aspen Skiing Company, who are adjacent property O~lners, have submitted letters of support for the application, perceiving no negative efforts on their present or proposed projects. The one problem area is that the ramp would encroach into required open space. According to the applicant's calculations, 425 s.t. would be displaced from the pool open space area. The tvoodstone is presently deficient in the required 25 percent open space, and this proposal ~lould further reduce open space. The Board of Adjustment is enpowered to grant a variance to the application of such zoning require- m ent s. ALTERN~IVES: Council may consider the following alternative motions: 1. Table this review until the Board of Adjustment has considered the open space, req uirement s issue. 2. Approve the request subject to the following conditions: a. Approval by the Board of Adjustment shall be obtained for the open space encroachment prior to issuance of a building permit . b. The sale of the airspace above the lobby to l'loodstone Associates shall be finalized prior to recordation of the plat. ~ Documentation shall be furnished to the Engineering Office on the assignment of fourteen (14) parking spaces (numbers 48-62) sho\Vll on the Woodstone Condominiumization Plat prior to recordation of plat. A Final Condominiumization plat Amendment' shall be submit- ted, containing all changes approved on August 26, 1985, and on December 16. 1985, and shall conform to the req ui rement s of Section 20-15 of the Municipal Code. The applicant shall submit a Statement of Subdivision Exception through the City Attorney's Office.' d. e. 3. Deny the request. 3 ~,~,;o:-.-~,~,,~.,. ."'," ~.~._.,.,,~ "..,:.....,'~~~~"'.,~ '.'~~rQ,f""""~~~,~",..~.,.l' ..<,.,~""''''--''',...,.,...,--,.'""':-. ,..... -.'..".''''-''''.....,,,-~ -.- ..,",~...,--"_._- I I I I I I ! I t I ( ~ ! I j,; I~ " ; f: I ~ -, '. ADVISORY COMMITTEE VOTE: The Planning Commission did not review this request as it has been processed as an expedited review. RECOt1MENDAT,ION: The Planning Office recommends that action by Council be tabled until the Board of Adjustment has considered a request for a variance,of open space requirements. We support the project: however, we believe that the Board of Adjustment should be allowed to process an application properly and without the pressure of Council approval subject to the Board's acquiesence. Should Council instead feel comfortable taking action on this request prior to Board of Adjustment review, we recommend approval sUbject to the above conditions. PROPOSED MOTION: "Hove to table the Woodstone Condominiumization Plat Amendment until the Board of Adjustment has considered a request for a variance of open space requirement s." SB.9 4 :'",?",)W~~"*,""~:'; .~;'""~ ~.",. r, ".~ ,.',~..,,, "'''''':''''r'''~-'''''~~',~'''"':''.-,.:.:.~;~'~~'~'':"=.~...,~:~~.:--,~..-~.....",....,,,,._,,.. '^,,~.' .,..,-".-.--.."......."... ,.""".,""""""'....'~I .,,~?'!l.."'_.<-"""""" -, ~, COLomBO ARCHITECTS CONTRACTORS DEVELOPERS 715 vi. MAIN STREET ASPEN, CO 81612 (303) 925-6079 9 December 1985 Steve Burstein Planning Office Ci ty of Aspen Re: Aspen Club Lodge Plat Amendment: Steve, persuant to our discussions and 'Jour request please find tlle following open space and dimensional perameters concerning the proposed Employee parking facility at the Aspen Club Lodge. My office \''Iill continue to research variation and alternative designs whictl could provide less impact upon open space requirements, and contact you of their development. The following should tlelp you in YOlW analysis of Hie impacts. . 1. The current pool area open space is ::6,340.0 sq, ft. 2. TIle current stairway enclosure occupies:: 110.0 sq. ft. 3. The proposed pool area open space would be:: 5,915.0 sq. ft. 4. Tile proposed overhang structure and stairway enclosure:: 95.0 sq. ft. 5. There would tie a loss of current open space in this area counting all structures and driveway surfaces of :: 425 SQ. ft. 6, This represents 6,7% reduction of open space in this area. 7, There would be a loss of 2 parking spaces at Ute Ave. to accommodate access and curb cut to 1 at. 8. The lot would provide for 6 total parking spaces. 9. The net gain in oif street parking would be 4 spaces. ^-, ~.~...'_r'"_,___, _~_. ~~l't>,4. ."';'.I!!"',..,..,, -, ,MEMORANDUM D ls@rn u\Wrn ~ DEe - 41985 ill II l!V To: Steve Burstein, Planning Office From: Chuck Roth, Assistant City Engineer (2f?- Date: December 3, 1985 Re: Woods tone Plat Amendment (Revision) ----------------------------------------------------- Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. Prope r pI at ting is usually requi red before approval s are given. It may be appropriate and acceptable in this instance to provide approvals prior to recording a plat,' however the applicant should be required to provide and record final platting prior to the issuance of a Certificate of Occupancy. Note that a new plat cover sheet should be provided with current owner's, surveyor's and other certificates. 2. We may have some problems shown in the application. tight for a car to be able wi th the geometry of the ramp as The radius of curvature may be too to make the turn. 3. An apparent problem has come up because of the applicant's .request for a loading zone on Spring Street. It is desirable for projects to provide loading zones for visitors, guests and clients on their own property and not on public rights-of-way which should be preserved insofar as possible for public parking. During discussions with the applicant's representa- tiver it was learned that 14 parking spaces (numbers 48 through 62) represented on the plat as being part of the Woods tone Lodge may have been traded or otherwise assigned to the adjacent lodge, the Aspen Alps. The applicant should be required to furnish documentation about these parking spaces. cc: City Engineer Building Department CR/cr/woodstone ,f!' ,~, COLomBO ARCHITECTS PLANNERS CONTRACTORS. 7'5 WEST MA I N STREET ASPEN,COLORADO -, , . NOVEMBER 21, 1985 ALAN RICHMAN, Director: Aspen/Pitkin Planning Depeeratment pLANNING DEPARTMENT CITY COUNCIL, PLANNING &. ZONING COMMISSION , RE: ASPEN CLUB LODGE(WOODSTONE INN) PLAT AMENDMENT (REVISED) ALAN, , , Please accept this revised application on the part of the Aspen Club lodge for a Plat Amendment hearing by the City Council. The request for plat amendment consists of the reorganizetion of 2,145.0 square feet of existing FAR. from the current Anchorage Resteurant on the lower level of the Aspen Club Lodge. The Anchorage Restaurant cun-ently contains 4,445.0 square feet. ThiS revised request ,is to creat.e an employee .. underground parking facility of 2,223 SQ, ft. of the former Anchorage restaurant. area of this total square foot.age on t.he lower leve1(as shown on sheet A 14 )" and t.o transfer 2,145 of this sQ, ft. t.o a new mezzanine level restaurant above the lobby (See sht. A 15) The second item for plat amendment request the designation of two current general storage areas on the second level of the East Win!l to become L.C.E's, deed restricted t.o . ' , Employee unit 232 , These two storage areas are of 42 sq.ft. and 74 sq.ft. each and this total of 116 sQ.ft. would be added to employee unit 232 (See sheelA 16). ITEM , -The F.A.R. reorganizl'tion would be as follows: L 2,145.0 square feet would be applied to a new Restaurant facility' located at the mezzanine of the lobby. 2. The exisitng Anchorage at the lower level would no longer operate as a restaurllnt with any public seating, 3. The existing Anchorge kitchen area would remain to supplement the new , mezzanine level kitchen end seating. 4. The existing restrooms located in the Anchorage area at the lower level will remain and be used as public facilities serving the lobby level. 5. The balllnce Qf area ( 4,445.0 s,q. ft. minus, 2,222.0 sQ..it. ,of ar.ea wh,ich will become an underground employee parking garage with access from ute Avenue, equals 2,223,0 sQ, ft. which will be used as a ski locker iacility and summer conference area '''.'"'l>'''''''"'/''1'',~.I;;,~~~'~~~U-<r".,.~~..",.,.....,,,~. ".,..",~;"'>;~!~;'1!""'~~"".~~-~':?:'~~~t~..,~~,'7!~~',~'!.,"""I""~."";.~...<<.....-,~~..,..._"..," -".^..'...~"C".-._,.,"".-"".,.""'''~_~~f;'':'''"'.. ,-., , illDn Richman~City Counl-i1 Revised Plat Amendment Application ,~ No~. 21, 1985 6. Public restrooms would be installed at the second level to ' accommodate restaurant ond lobby level use, These new public restrooms '. would.occupy 0 portion of the spocerecently opproved for guest room , expansion in room 202 of the West Wing, (See sht. A 14) . The new restrooms would not cause any net increase or decrease in guest pillow numbers. 7. Handicap access .to the new restaurant will be provided by the existing elevator which is located less thon 18 feet from the new entrflnce to the restaurant. The new restrooms will heve full hendicap access from the restourant. .. 8. The new Employee Parking Garage.of 2,222 SQuat'e ft. of previous Anchoroge restourant area would become FAR, exempt area and credit of 2,145 sq, ft. of this reorganization would be (ipplied to the mezzanine level restaurant, le(iving a 77 sq. ft. surplus of FAR, 6S a result of the ,. reorg(inization. The Employee Gar(ige would contain Six new space 611 together. Four stendord spoces will be provided, One compoct spoce ond one stonderd size spoce intended for Employee long term porking storoge. Access to the new gar(ige will be off of Ute Ave,The new Romp will be entirely within property lines of the.Applic(int. See Sht.. At 4 (is om ended. .". "' t ITEM 2- l.C.E:s Deed Restriction to Unit 232 Employee Unit. t Existing storage areas on second level of East Wing represent 42 sQ. ft. and 74 sQ. ft. respectively. (See Sheet A16) , 2. These two currel'lt Limited Common Elements would be deed restricted to LJnll 232 of the East Wing, em Employee ~Iousing unit, :So fne totl'il, of these L.C.E.'s (116 sq. ft.) would be eidded to Uni t 232. Please accept this request for City Council review of this Plot Amendment opplicotion for the Aspen Club Lodge os described above. Should yo~ require MY tlddidional information concerning t~is lssue,please contact my office. ~j " .':~ ,l~l , Sincerely, .Y' JPC: kjc cc: Altln Richman Paul Toddune Oi ck Butera , Andy Hecht . " ~ ""-', , .",( :. B5PEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN,COLORADO SUMMARY OF F,A,R. TRANSFER 103.13 SQU.A,RE FEET OF D<ISTII'% FAR.. ALONG SOUTHWEST PERI11ETER OF THE BUILDING HAS BEEr'IJ REMO\lED.lSEE SHEET ,A,-+ AND 1982 BUILDIf% PERI'1IT FOR SPINNAKER LOUNGE). THIS 103.13 SOU.A,RE FEET OF EXISTING FAR, \l>IILL BE ., TRA.NSFERED If'-J THE FOLLOV{I!% Ivl.AJ,lNER: ITEM -1 NEW HOTEL ENTRANCE AWNING =37,9 SQ. FT. (SEE SHEET A-j AND lTEf1-1 NARRA T I '-IE) ITElvl-3 NEW AIR LOCK TO EAST WING=24.0 S.O. FT. (SEE SHEET A-l AND ITEt1-1 NARRATIVE) ITEI1-8 UP GRADE OF ROOM 252 EAST WING=37.8 SO, FT. TOTAL OF ITEMS: t ,3,8 = 99.7 SO. FT. THIS REPRESENTS A NET DECREASE OF 3.43 SO. FT. IN F.A.R. " I TEl: RHm BOX li REPr::~f ITEr-- UP ~XPAN ROOM' EXISTI NOT RE ITEM, UPG SQUARE LOCATE NOT REf ,-, :~~ aSPEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN, COLORADO EROPOSED CHANGES TO EXlS.TNG WOQOSTQNE INN ITEM - t (SHEET A-Il NEW ~1AIN ENTRANCE TO HOTEL AT SPRING STREET, REMOVAL OF EXISTING 179.0 SQUARE FOOT AWNING. INSTAllATION OF NEW 216.8 SQUARE FOOT A'wNING. THIS REPRESENTS A TRANSFER OF 37.8 SQUARE FEET OF EXISTING FAR FROM 1982 BUILDING PERMIT, SEE SHEET A-I. '. l"''\ .,.-." aSPEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN,COLORADO PROPOSED CHANGES TO EXISTNG WOODSTONE INN ITEM -2 (SHEET A-l1 REt10'v'AL OF EXISTING TRASH FACILlTV AND CONSTRUCTION OF NEV,/ FLO"I'/ER E,OX TO I1ATCH EXISTING SOUTH ENTRANCE FLO\'lER BOX. THIS DOES NOT F:EPF.:.ESENT AN'y' CHANGE IN EXISTING FAR, ITEM -8 (SHEET A-7J UPGRADE OF ROot1 252 FF~Of1 224 SQUARE FEET TO 269 SQUARE FEET B'! ~XPANDING THE ROm11NTO THE COVERED BALCON'y' AREA SOUTH It/EST OF ROOtl121- THIS "'''OULD REPRESENT A TRANSFER OF 37,8 SQUARE FEET OF EXISTING FAR FROf119i32 BUILDING PER~lIT. SEE SHEET A-1. THIS DOES NOT REPF~ESENT AN'! INCREASE IN EXISTING FAR. ITEM -10 (SHEET A-91 UPGF.:ADE OF ROOt1 302, BV EXPANDING IT FROM 268 SQUARE FEET TO 445 SQUARE FEET, THIS EXPANSION V-lOULD E)(TEND ROOM 302 INTO Utm 100 LOCATED ADJACENT TO, MlD ::;QUTH OF ROOM 302. THIS E)(PANSION ..,y'OULD NOT REPRESENT ANV ADDITION OF PILLO..,.-l NOR FAR. - .-" ASPEn CLUB LOUBE 709 EAST DURANT A VENUE ASPEN,COLORADO illtl::.3J.m:tE.EI..A::ll ADDITION OF A GLASSED IN AIR LOCK AT THE SOUTHWEST EAST WING ENTRANCE. THIS REPRESENTS A TRANSFER OF 24 SQUARE FEET OF EXISTING FAR FROM 1982 BUILDING PERMIT. SEE SHEET A-1. THIS DOES NOT REPRESENT ANY INCREASE IN EXISTING FAR. ,-' -, aSPEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN,COLORADO PROPOSED CHANGES TO EXISTNG WOODSTONE INN ITEM -4 (SHEET A-I) WEST HALLWAY CONSTRUCTION CONSTRUCTION OF ACCESS DOORWA't IN THE WEST SIDE OF THE LOBB'! TO ALLOW GUESTS BETTER ACCESS FROM THE LOBB't TO THE WEST WING ROOMS, THIS DOES NOT REPRESENT AN'! CHANGE IN EXISTING FAR, ,~ -, aSPEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN,COLORADO e,ROPOSEO CHANGES TO EXISING WOODSTONE INN llE.M -5 (SHEET A-l) EAST HALLWAY CONSTRUCTION CONSTRUCTION OF ACCESS DOORWAY IN THE EAST SIDE OF THE LOBBY TO ALLOW GUESTS BETTER ACCESS FROM THE LOBBY TO THE EAST WING ROOMS. THIS DOES NOT REPRESENT ANY CHANGE IN EXISTING FAR. ,-' -, aSPEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN, COLORADO PROPOSED CHANGES TO EXISTNG \II00DSTONE INN ITEM -6 {SHEET A-61 UPGRADE OF ROOM 127: EXPANDING IT FROM 224 SQUARE FEET TO 473 SQUARE FEET. THIS EXPANSION WOULD EXTEND ROOM 127 INTO UNIT 100, LOCATED AD.JACENT TO AND WEST OF, ROOM 127. THIS EXPANSION WOULD NOT REPRESENT ANV ADDITION OF PILLOWS NOR FAR, -, ~\i aSPEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN,COLORADO PROPOSED CHANGES TO EXISTNG WOODSTONE INN ITEM -7 (SHEET A-51 UPGRADE OF ROOM 137 FROM 224 SQUARE FEET TO 374 SQUARE FEET, THIS EXPANSION WOULD EXTEND ROOM 137 INTO UNIT 100, LOCATED ADJA ENT TO AND Ito/EST OF ROOM 137 THIS EXPANSION 'II/OULD NOT REPRESENT ANY ADDITION OF PILLOWS NOR FAR. ,-.,. -, aSPEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN,COLORADO PROPOSED CHANGES TO EXISTNG \II00DSTONE INN ITEM -9 (SHEET A-8} 'UPGRADE OF ROOM 202, BV EXPANDING IT FRot1266 SQUARE FEET TO 541 SQUARE FEET. THIS EXPANSION WOULD EXTEND ROOM 202 INTO UNIT 100 LOCATED AD.JACENT TO, AND SOUTH OF ROOM 202, THIS EXPANSION WOULD NOT REPRESENT ANV ADDITION OF PILLO''/1 NOR FAR. l""'\1 -, , aSPEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN,COLORADO PROPOSED CHANGES TO EXISTNG WOODSTONE INN lIEl:L::.lJJ.IDiE.E..T A - 2 & A - 31 CHANGE THE DEED RESTRICTED EMPLOYEE UNIT FROM ROOM 121 TRO ROOM 232, THERE WOULD BE NO CHANGE IN THE NUMBER OF PILLOWS OR BEDS PROVIDED FOR EMPLOYEE HOUSING. ,......., .... '\, aSPEn CLUB LODGE 709 EAST DURANT AVENUE ASPEN,COLORADO PROPOSED CHANGES TO EXISTNG WOODSTONE INN llE.Ii.=.2...tSJiEET A- U REMOVAL OF EXISTING TRASH FACILITY AND CONSTRUCTION OF NEVi FLO'w'ER BOX TO ~1ATCH EXISTING SOUTH ENTRANCE FLO....IER BOX. THIS DOES NOT REPRESENT ANY CHANGE IN EXISTING FAR. ITEM -8 (SHEET A-71 UPGRADE OF ROOM 252 FROM 224 SQUARE FEET TO 269 SQUARE FEET BY EXPANDING THE ROOM INTO THE COVERED BALCONY AREA SOUTH WEST OF ROOM 121. THIS 1t10ULD REPRESENT A TRANSFER OF 37,S SQUARE FEET OF EXISTING FAR FRmi19S2 BUILDING PERMIT, SEE SHEET A-1. THIS DOES NOT REPRESENT ANY INCREASE IN EXISTING FAR. lIEM-1Q(~1 UPGRADE OF ROOM 302, BY EXPANDING IT FROM 266 SQUARE FEET TO 445 SQUARE FEET, THIS EXPANSION Vi0ULD EXTEND ROOM 302 INTO UNIT 100 LOCATED ADJACENT TO, AND SOUTH OF ROmi 302, THIS EXPANSION WOULD NOT REPRESENT ANV ADDITION OF PILLOW NOR FAR, -~_.._---~"~~--~-_.~._--- ..,-------------- ,-. .-. ~ ,..A. ,~ aSPEn CL DB LODGE 709 EAST DURANT AVENUE ASPEN,COLORADO SUMMARY OF F ,A .R. TRANSFER 103.13 SQUARE FEET OF EXISTING FAR. ALONG SOUTHWEST PERIMETER OF THE BUilDING HAS BEEN REMOVED.(SEE SHEET A-l AND 1982 BUilDING PERMIT FOR SPINNAKER lOUNGE). THIS 103.13 SQUARE FEET OF EXISTI~JG FAR. Will BE TRANSFERED IN THE FOllOWING MANNER: ITEM -1 NEW HOTEL ENTRANCE AWNING =37.9 so. FT. (SEE SHEET A-l AND ITEM-j NARRA T I VE) ITEM-3 NEW AIR LOCK TO EAST WING=24.0 s,o. FT. (SEE SHEET A-l AND ITEM-l NARRATIVE) ITEr1-8 UP GRADE OF ROOM 252 EAST WING=37.8 so. FT. TOT AL OF ITEMS: 1,3,8 = 99.7 so. FT. THIS REPRESENTS A NET DECREASE OF 3.43 so. FT. IN F.A.R r-- I . I' "~\' RSPEN C[U8 LODGE 709 EAST DURANT AVE. ASPEN, COLORADO F .D.D. REBRIIDN'I ZDTI ON LOWER lEUEL REORIiRNIZIIITlON TOTAL LOWER LEVEL (EXISITING)SQUARE FOOT AGE: 4,445,0 SQ. FT. AREA TO REMAIN: AREA 1-8 = 1,061 SQ. FT, AREA 9 = 1,162 SQ FT, . TOTAL = 2,222 SQ. FT. AREA OF NEW UNDERGROUND EMPLOYEE PARKING FACILITY TOTAL = 2,223.0 SQ. FT. U[ONDHIJEL REORIiRNllftTlON ..' NEW CONSTRUCTION AREA: KITCHEN AREA - 560.5 SQ: FT. REST AURANT AREA = 1 ;584:5 SQ. FT. ' TOTAL = 2,145.0 SQ. FT. SUMMnR'I LOWER LEVEL + SECOND LEVEL REORGANIZED FAR. = 4,445,0 SQ, FT. EXISTING LOWER LEVEL FAR. AVAILABLE = 4,3680 SQ. FT. .NET LOSS OR GAIN OF FAR. = LOSS OF 77.0 SQ, FT. OF FAR. ~.~ , , _, <,'.L'~.>._,. ~,~" '~',~.~.'." ~"'"'''''''''''''''''' '_'."',,,,,,,' '_~.;");>,;,," _., '''''''~'''''V'"'''''' ,_' :"','=,"~~~":"" ~ :" ~,"\"""""":1"';:.~~,~.,', .l'?:'.~!"f",.v.."" ,.^"""".,~~q."" '/"~"':"'!'"''''''''''''''''''''''''' ""-,, ,-,.. .',,,,,-,,,,,,":,,"w.,.,-,.~~,,.,,<', .-..... -,..- ,. '_,,:>,--n7J<"=;'8,-" ^ ,?" MEIIIORAImUM THRU: Aspen City Council Hal Schilling, City Manag~ ~ TO: FROM: Steve Burstein, Planning Office Woodstone plat Amendment RE: DATE: August 26, 1985 --------------------------------------------------------------------- --------------------------------------------------------------------- REQUEST: The applicant requests approval of a plat amendment consist- ing of ten changes to the Woodstone Inn Condominiumization Plat as stated in letters from the applicant and as summarized below. SUMMARY: The Planning Office recommends approval of this plat amendment including changes in conditions of approval with the attached conditions. PREVIOUS COUNCIL ACTION: The Soderling Subdivision Exception for purposes of condominiumization of the Woodstone Lodge and Anchorage Restaurant was approved by City Council on May 11, 1981, subject to six conditions. On June 14, 1982, City Council consented to the assignment of the Woodstone Inn Condomiumization approval from Hans and June Cantrup to Resort Hotel Developnent, Inc. On February 17, 1983, City Council granted approval of condominiumization of the Woodstone Inn, reassigning conditions of approval to Woodstone Associ- ates. As a result of the Cantrup bankruptcy and sale of the Woodstone Inn to Woodstone Associates, an agreement was made on April 2, 1985, between the City of Aspen and Woodstone Associates that reinterpreted those conditions of condominiumization. BACKGROUND: The present owner of the Woodstone Inn, Dick Butera, desires to make changes that involve modifying the approved condomini- umization documents as part of an effort to upgrade the facility. Section 20-23(B) states: nA condominiumization of a lodge pursuant to this section shall be modified only by the written agreement of the City Council and the owner or owners of the condominiumized lodge property. The documents creating and governing the condomi ni urn shall be modified by the condominium owners only with the prior written approval of the City Council. n The pertinent documents involved in this requested modification are the condominiumization plat and the conditions of approval. This application is furthermore made as a request for exception from the full subdivision process pursuant to Section 20-19. ~ ~ PROBLEM DISCUSSION: Summarized below are the amendments proposed for the Woodstone Inn: 1. Expand Room 127 from 240 sq. ft. to 375 sq. ft. by extending into Unit 100 (Office space). 2. 3. 4. 5. 6. Expand Room 137 from 239 sq. ft. to 450 sq. ft. by extending into Unit 100 (Office space). Expand Room 202 from 268 sq. ft. to 600 sq. ft. by extending into Unit 100 (Storage space) . Expand Room 252 from 224 sq. ft. to 269 sq. ft. by extending into Unit 100 (Covered walkway). Expand Room 302 from 268 sq. ft. to 445 sq. ft. by extending into Unit 100 (Storage space) . Const ruct ion of a hallway with glassed-in air lock from lobby to the east wing. 7. Construction of a hallway with glass-in air lock from lobby to the east wing. 8. Change the deed-restricted employee unit from Room 121, contain- ing 369 sq. ft. 9. Remove the existing trash storage area on the west side of the building, replacing it with flower box, moving trash storage area to be the basement, and designating a new trash pick-up area where trash will be moved to for daily piCk-up. 10. Install a new awning on the western entrance extending from the entranceway to the curb of Spring Street. REFERRAL COMMENTS: A. Building Department - A meeting of the applicant, Zoning Inspec- tor, and Planning Office was held on August 8, 1985, to discuss this, proposal. It was stated by the Zoning Inspector that the Woodstone is presently over its allowed Floor Area Ratio (FAR) and his main concern was that the FAR is not further increased. B. Engineering Department - In a discussion with the Engineering Department on August 21, 1985, it was stated that the applicant must apply for an encroachment license for the proposed awning over the western entranceway. In addition, it was stated that the amendment plat should be submitted in accordance with Section 20-15 of the Municipal Code. The amended plat as submitted is not consistent with the archi- tectural drawings in showing common element areas and the lObby 2 ~ '---, area (Unit 100). The new plat should show new proposed ownership "property lines" by use of dashed lines. In addition, the Final Plat must delineate parking spaces so that verification can be established of the proper number of parking spaces. C. Bousing Authority - The Housing Authority staff has had several discussions with the applicant regarding the proposed replacement of employee unit Room 121 with Room 232, a significantly smaller room, and stated that such a replacement would not meet with its approval. Several suggestions were made by Housing Authority staff for acceptable alternatives that would meet the Woodstone Inn's employee housing commitment. At the time of writing, no proposal has been submitted by the applicant to the Housing Authority; and this issue is not resolved. Furthermore, the applicant was told by the Planning Office that if a commi tment for employee housing that is acceptable to the Housing Authority ~e.. is not made by the applicant prior to this City Council meeting J../f2.'-' then this item would be pulled from the agenda. We hope to be able to resolve this issue before you at tonight's meeting. D. City Attorney - In a discussion with the City Attorney on August 9, 1985, it was stated that ,if an employee housing arrangement were made that is agreeable to the Planning office and Housing Authority and was in keeping with the intent of the April 2, 1985 agreement, then such a solution would be acceptable to the City Attorney's Office. STAFF COMMENTS: The main concerns regarding the first seven proposed amendments summarized above are: 1. Creating an increase in the FAR for a building which already exceeds the allowable limits. 2. Conversion of space presently used f or off ices to lodge use that would require a GMP exemption for change in use, pursuant to Section 24-11.2 (j). 3. Diminishing ,the size or quality of common areas created by condominiumization as addressed in Section 20-23. With regards to the first concern, the Zoning Inspector determined from the applicant's representations thusfar made that the FAR would not be increased; and, therefore, this is not a problem. Regarding the second concern, it should be noted that Rooms 125, 126, and portions of Rooms 127 and 137 are presently used for office space; and it is proposed that all this space will be used for lodge units. Rooms 127 and 137 would be expanded back to the size they had been approved for in the original condominiumization plat. Because this is a return to the original use approved and no additional bed count would result through the expansion of Rooms 127 and 137, it was felt that Section 24-11.2(j) does not apply to this request. 3 ~, 1"""-., " Regard.ing the size and quality of common areas, none of the room expans10nS would appear to substantially reduce the areas actively use d by gue st s and do appear to enhance the general uti! ization of space in the lodge. Furthermore, through proposed renovations to the hallways, bar, and lobby areas, the quality of space would be im- proved. Changing the deed-restricted employee unit from Room 121 to Room 232 (Sununary amendment 8) represents a loss in employee housing space of approximately 145 square feet as well as kitchen facilities. The conditions of condominiumization approved by City Council in 1981 requi red the Woodstone Inn owner to provide as deed-restricted employee housing Room 121 and three units of the Alpina Haus, total- ling 1,692 square feet. The April 2, 1985 Agreement reaffirms the obligation that Room 121 be employee housing but does not specify the location of three other deed-restricted units, to consist of a minimum of 1, 103 square feet. It is the opinion of the Housing Authority and Planning Office that the mere substitution of Room 232 for Room 121 does not meet the intent of either of the above cited Council actions. At this time, it is up to the applicant to make a suitable proposal for providing his employee housing obligation. As stated above, the applicant has been informed that a commitment acceptable to the Housing Authority must be made prior to this Council meeting. Amendment 9 concerns a new arrangement for trash storage and hauling. BFI Trash Service was contacted on August 19, 1985, and stated that the proposed method and siting would be acceptable. It should be noted that the trash pick up site is located on the applicant's property and would not encroach on the pUblic right-of-way. However, it is in an area used for parking and this would appear to reduce necessary parking .1:0 the best of our knowledge, parking for this facil i ty is al ready non-conf orming and cannot be further reduced, approval of this amendment is not reconunended. Amendment 10 pertains to a proposed awning on the western entryway. As already noted, an encroachment license is required for this addition. Approval should not be given for this item through the plat amendment action before you. RECOMMENDED MOTION: -Move to grant subdivision exception to the following amendments to the Woodstone condomi umization plat wi th the conditions listed below: 1. Expand Room 127 from 240 sq. ft. to 375 sq. ft. by extending into Unit 100 (Office space). 2. Expand Room 137 from 239 sq. ft. to 450 sq. ft. by extending into Unit 100 (Office space). 4 r" ,~ 3. 4. Expand Room 202 from 268 sq. ft. to 600 sq. ft. by extending into Unit 100 (Storage space). Expand Room 252 from 224 sq. ft. to 269 sq. ft. by extending into Unit 100 (Covered walkway) . Expand Room 302 from 268 sq. ft. to 445 sq. ft. by extending into Unit 100 (Storage space) . 5. 6. Construction of a hallway with glassed-in ai r lock from lobby to the east wing. 7. Construction of a hallway with glass-in air lock from lobby to the east wing. 8. Install a new, awning on the western entrance extending f rom the entranceway to the curb of Spring Street. Subject to the following conditions: 1. A Final Plat Aroendment shall be subInitted which conforms to the requirements of Section 20-15, including specifically corrections to the deficiencies noted in the Engineering Departments memoran- dum and per verbal discussion. A written narrative explaining each of the seven amendments shall be submittal as part of the plat amendment. 2. The applicant shall submit a Statement of Subdivision Exception through the City Attorney's office. 3. Encroachment for the Spring Street to recordation of the amended plat. ment is not granted, then Amendment awning shall be obtain prior In the event that encroach- 8 shall not be approved. ~ 5 i: I -..... .," . " -.'" :'. ;..:~ " ~. '. . ~' 1 J I . . . . '. "-.' -..-.--, '-'I'I'j'''-. ...-.....-..--.-...--,-.-.-- --....-...-----------. ..." .". ,.... .--'...-...,......--.. .. _ ~ I . ". '. 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' , ,...... / ,..', -- -- " CITY SPEN 130 reet asp 611 MEMORANDUM DATE: July 30, 1985 TO: Steven Burstein FROM: City Attorney RE: Woodstone Inn Plat Amendment Application should be signed by the owners, not their attorneys. PJT!mc -, ^ MEMORANDUM .', RE: City Attorney City Engineer Zoning Enforcement Officer Housing Authority Steve Burstein, Planning Office Woodstone Inn Plat Amendment TO: FROM: DATE: July 26, 1985 ----------------------------------------------~---------------------- --------------------------------------------------------------------- Attached for your review is an application submitted by Andy Hecht on behal~of his client, Dick Butera, requesting approval of amending their \PUD~' Please review this material and return your referral comments to the Planning Office no later than August 12, 1985, in or der for t hi s office to have adequate time to prepa re for its presentation before City Council on August 26, 1985. Thank you. r ! ~ .~ GARfKJElLD & HECHT, r.c. RONALD GARFIELD ANDREW V, HECHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (303) 925-1936 TELECOPIER (303) 925.3008 CABLE ADDRESS "GARHEC" WILLIAM K, GUEST, P.C, JEREMY M. BERNSTEIN CLIFTON D, BURDICK July 16, 1985 D (I@t!owm ~ JUL I 6 1985 U Mr. Alan Richman City of Aspen 130 South Galena Street Aspen, CO 81611 RE: Woodstone Inn Dear Alan: Pursuant to Chapter 20, and in particular Section 20-23, of the Aspen City Code, the condominiumization of the Woods tone Inn to be a condominiumized lodge was approved February 17, 1983. Woodstone Assoc., a Colorado general partnership, the present owner of the Woodstone Inn, hereby requests the following amendments to the approval pursuant to Chapter 20 of the Aspen City Code: 1. Upgrade of Room 127, as such is designated on the Plat for the Woods tone Inn, by expanding it from 240 square feet to approximately 375 square feet. This expansion would extend Room 127 into Unit 100, located adjacent to, and west of, Room 127. This expansion would not include any addition of pillows nor increase the FAR. 2. Upgrade of Room 137, as such is designated on the Plat for the Woods tone Inn, by expanding it from 239 square feet to approximately 450 square feet. This expansion would extend Room 137 into Unit lOa, located adjacent to, and west of, Room 137. This expansion would not include any addition of pillows nor increase the FAR. 3. Upgrade of Room 202, as such is designated on the Plat for the Woodstone Inn, by expanding it from 268 square feet to approximately 600 square feet. This expansion would extend Room 202 into Unit 100, located adjacent to, and south of, Room 202. This expansion would not include any addition of pillows nor increase the FAR. to or 4. Room beds Change the deed restricted employee 232. There would be no change in the provided for employee housing. unit from Room 121 number of pillows ~, 1""'\ .J GARfIELD & HECHT, P.C, Mr. Alan Richman July 16, 1985 Page -2- 5. Construct a hallway anu a uoor in the west siue of the lobby to allow guests better access from the lobby to the west wing rooms. This woulu not increase the FAR. 6. Construct a hallway from the northwest siue of the lobby to the east wing rooms proviuing covereu access for guests going to the east wing rooms. This woulu not increase the FAR. If these changes meet with your approval, we woulu like to be scheuuleu on the next available City Council meeting to get the Council's approval of this change to the conuominiumization of the Wooustone Inn. Very truly yours, ~~- c = Anurew V. Hecht AVH/mmk ,'-"" ^, --;.. SCHEDULE A Order Number: 13147C2 Commitment Number: 1. Effective date: July 08, 1985 At 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance Premium TBD TBD A. ALTA Owner's Policy Proposed Insured: To Be Determined $ TBD Form 110.2 B. ALTA Loan Policy Proposed Insured: $ c, $ 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: Woodstone Assoc. 4. The land referred to in this commitment is described as follows; All of the WOODSTONE INN CONDOMINIUMS, according to the Condominium Map thereof recorded March 11, 1983 in Plat Book 14 at Pages 45 through 49, inclusive, as Reception No. 248609 and as further defined and described in the Condominium Declaration for Woodstone Inn Condominiums recorded March 11, 1983 in Book 441 at Page 814 as Reception No. 248608. County of Pitkin, State of Colorado . A~$~u-:l~^- Au~'atu"' Page 2 STEWART TITLE GUARANTY COW.AHY 1652 (25M 6/85) ,~r.~'.~'~_.-'_~'~"'___'~'_",,,~,,,V^_""""'~"___'__ "r,~..';':"""" , l' I , , I . " , I 1, o I i j i 1 I I 1 \ l I I 4 . , j ! I , ' k, ~ 16,- <.j I I f) iA, jeJpW' i ! ,i l .':1 J t i I 1 , I J I I I i I j - - dtl!cheA-to Ut1l\~'''i \f\\.L\w4 4.'5-'8)' , ," AGREEMENT' '~"'1 I I I ~~ ilP,<:.7L-' THIS AG EMENT is made this ~ day of~l,u.,",I" 1985, by and between the CITY OF ASPEN, a Colorado municipal corporation (the "City") and WOODSTONE ASSOC., a Colorado general partnership for itself, and as representative for WOODSTONE INN ASSOCIATION, INC., a Colorado ,non-profit corporation to be formed (the "Association" . II WITNESSETH WHEREAS,\WOOdstone Assoc. is the owner of the Woodstone Inn Condominiums c nsisting of the real property described on , Exhibit A, attache hereto and incorporated herein by this reference: ' WHEREAS, pursuant to the condition of condominiumization approval'for the Woods tone Inn Condominiums that four (4) un' be restricted to use as employee housing under guidelin 5 of the City of Aspen as lodging for employees of the W odstone Inn Condominiums, the Statement of Exception fr.om the Full Subdivision Process for the Purpose of Condominiumization, dated February 17, 1983, and recorded March 11, 1983 in Book 411 at Page 811, in the records of Pitkin ,County, Colorado, rovides that Woodstone Assoc.'s predecessor in ,interest, Resort Hotel Development, Inc., a Colorado corporation '("RHD") shall, as a condition Of the City approving the condominiumization f the Woodstone Inn, restrict Unit 121 of the Woodstone Inn, and ease certain units in the Alpina Haus, 935 East Durant Avenue, Aspen, Colorado, for a term of fifty (50) years, to meet the mployee housing requirements of RHD in connection with sai condominiumization of theWoodstone Inn; and ,0 WHEREAS, HD so restricted Unit 121 of the Woodstone' Inn, and RHD, indiv dually, and as representative of the Associatior, pur sua t to the foregoing employee housing requirements, enter d into that. certain Master Lease Employee Housing UnIts dated,as of May 18, 1982, and recorded March II, , ,1983, in Book 441 a~ Page 793 of said records, providing for the lease of apartments !numbered 42, 43, 'and 44 located in the Alpina Raus; and ! i , WHEREAS, 'oseph A. Luciani, holder df a deed of trust encumbering the Alpina Haus, commenced foreclosure of said deed of trust, received Public Trustee's Deed to said property and, having not previous consented to the aforementioned Master Lease, affirmatively elected not to honor thelMaster Lease and RHD's and the Associ tion's possessory rights thereunder; and , WHEREAS, W~odstone Assoc. and the Association desire to fulfill the employee'housing obligations of RHD to the City as set forth in the afo ementioned Statement of Exception by oviding three subs itute em loyee units replacing those at the Alpina ~ys; an - ,\ WHEREAS, PI'rsuant to that certain Agreement for Settlement of Litiga ion ("Settlement Agreement") between the City and the Estate f Hans B~ Cantrup and June Cantrup, dated .'?9.k.~C:/r" 3/ , 198:::>, approved by the City Council on /??a ",c-', , 19S:d:-, the City has agreed in paragraph 5 of the Settl ment greement, upon the happening of the events set forth in paragra h I thereof, to "waive the requirement for twenty-three (23) pa king spaces, in addition ,to those presently existing, at the Wood tone Inn, and to join in the cancellation and release of recor of the related parking space lease burdening Lots F, G, and H, Block 91, City and' Townsite of Aspen, upon the happening of the following: The execution and delivery to the City by the 0\. ers of the Woodstone Inn' of an agreement (in recordable form) 0 the effect th"t no individual condominium units in the Woodston Inn will ever be offered for sale, sold, or otherwise conveyed, or mortgaged or otherwise encumbered, , I, , 'I i I I I , , I I , - ,- until and unless the oodstone owners have fully complied with the condominiumizatio condition and requirements that a total of ~ (4) deed restricted employee housing units be provided for employees of the Woodstone Inn Condominiums." Said Settlement "Agreement is incorporated herein by reference. NOW, THEREFO~E, in consideration of the covenants and. conditions herein the parties hereto hereby agree as follows: .. i. Woodsto e Assoc., individually, and on behalf of the Association, as an inducement to having the city execute this Agreement, represents nd warrants to the City that neither RHD, Woodstone Assoc., nor he Association has sold, mortgaged, encumbered, or otherwi e conveyed any of the individual condominium units as 0 the date of this Agreement. Further, the Association and Woodst ne Assoc. shall not offer for sale, sell, or otherwise convey, m rtgage, or otherwise encumber any individual condominium units in the Woodstone Inn until and unless Woodstone Assoc and/or the Association has fully complied with the requirement a d condition of condominiumization that a ~total of r 4) un' t be restricted to use as employee housing units for employees of Woodstone Inn Condominiums. , , , 2. ImmediaIely following the satis'faction of all three of the conditionr contained on Page 6 [and numbered 1(a), ~::::da:dc:~:::1~~i:;:j;;:;:;;;:;c;;:~~;:;;~~;::~;~;:;;~.~;~;ing lot lease covering Lot F, G, and H, Block 91, City and Townsite of Aspen. ,.. I I I . (ii) Ca se RHD to enter into a stipulation of ,dismissal in connectio with Luciani VB. RHO, Civil Action No. 83-CV-25 with the othe parties thereto, dismissing with prejudice said case and the City s cross-claim against RHD and the Association. I 3. Woodsto e Assoc., for itself, and on behalf of the Association, acknowled es and agrees that the requirement of four (4) deed restricted e ' -J.!.~its for employees of the Woodstone Inn Condomin'ums is a condit~on of condominiumization approval and, therefor , must be satisfied prior to the sale, conveyance, mortgage, r encumbrance of any individual condominium units in t e Woodstone Inn and further represents to City that there is no ~ortgage or encumbrance on the Woods tone Inn which does not ack owledge said condition. ! , 4. It is u derstood and agreed that Woodstone Assoc. may refinance, mortgage, or otherwise encumber, sell or convey the Woodstone Inn and 11 condominium units therein as an entire lodge project and that the restrictions set forth herein on sale, conveyance, mortgage 0 encumbrance of individual condominium units shall apply only to any sale, conveyance, mortgage or encumbrance of any individual condominium unit or of less than all of the condominium ~nits. Any such sale, conveyance, mortgage or encumbrancerof the Woodstone Inn as an entire project shall, however, be subj ct to the terms and provisions of this Agreement. I . '\ . I I 5.' It is un~erstood and agreed that the required employee housing units,1 other than Woods tone Inn Unit 121, may be located either in or ou side the Woodstone Inn. If located in the Woods tone Inn, the estrictions on said units shall be in the same form as described 'n Paragraph 10.3 of the Condominium Declaration for Woodsto e Inn dated December 30, 1982, and recorded March 11, 1983, in Book 441 at Page 814, Pitkin County Clerk and Recorder's Of ice. The employee units, other than Woodstone Inn Unit 121, unless otherwise agreed to by the City Council, shall be units not already deed restricted for employee housing, shall in total consist of a minimum of one thousand one I ID'34r 10' U^it n I {S8~.},~ 1(,'179 If' JI1.t.jll,itii 1 Co..,;1 c..J&"".""'iz.+'" qff"ov.i . ' 1v^rt$'l. -2- IIV 'AjP 4 3'S'%"t )J<, \ .-..1 ' " I ' 'j , hundred three (1,103) square feet;'may be leased to Woodstone Assoc. or the. Associa ion; and an application shall be submitted "to the City Council f r approval of said units as being in conformance with the ental and price guidelines, qualification guidelines and occupa cy limitations of the City of Aspen. Said I' application shall be onsidered in good faith and in a timely ",' (1anner and approval t ereof shall not be unreasonably withheld. I ~\.,,6\, The restrictions pert ining to any employee uni'ts shall be j c,y.~", ;-w'~' approved by the City ttorney as to form and shall be free from ~~\" I all liens and encumbr nces or be protected by non-disturbance or : subordination agreeme ts to that the foreclosure of any such lien L or encumbrance will n tresult in the disqualification of such units as employee housing units. I 6. This Ag~eement shall operate as a covenant running with the real propertyl described in Exhibit A and shall be binding on the successirs of the parties hereto. Further, this Agreement shall be rec rded in the office of the Pitkin County 'Clerk and Recorder. U on satisfaction by Woodstone Assoc. of the 'requirements and condi ions contained herein that a total of four (4) units ~e restricte to use as employee housing units for, employees of Woodstone Inn Condominiums, the City will execute and deliver to Woodsto e Assoc. a recordable instrument evidencing the satisfa tion of such requirements and conditions and releasing the rest ictions herein on sale, conveyance, mortgage, or encumbran e of individual condominium units in the Woodstone Inn. I ! I I j 1 i , J 1 I I I j l J 1 j J I 1 I IN WITNESS W EREOF this Agreement on this ATTEST: KtU7t.AAf ...../ Kathryn Sz/Koch, STATE OF COLORADO ) ) s . ) COUNTY OF PITKIN I .-.. hereto have executed , 1985. CITY OF ASPEN, COLORADO ,', ~/~/"6?" ~~t;CAeC:7;'C/ ;Charles T. Collins, Hayor Pro Tem " The foregoing this 28th day of Butera Agreement was acknowled,ged before me arch , 1985, by T, Richard S President of Woodstone Assoc. on Witness mypa d and official seal. , expi""~UMI" _ I ~ /7Y~:xf /U---- Notary Public' Address: 101 Lone Pine Rd" #10 Aspen, Colorado 81611 ...,,,. ..'..... " .. ^ ' .,' \'t.- . r-'f "'. .", \0-'('"..,.." v/" .' ~,r." ", , 'My ! /,\OiAR/"\ \ :.::~ :.~ , \ ,XP U B \,\ ~ ./" f -:.w....,... ....' ..:: ~ ..,}- -0. . ,"' .. ", ~ ...... (.'-,' '~" OF=' (': :,\' " ......."... .,011'\ commission -3- I - I --: , i , ," '._",,,:~_,;,: :~<-';:</~:"~:: t' _, , - ;,,;;,,~}?,:,?; "......, ,- " COUNTY OF PITKIN 1 ) -I) ~s. i , i The foregoins Mreement was this j,fld!, " day of -I C ,('/::JL,--".. as Mayor Pro Tem, and ~atHryn S. Koch, of Aspen, Colorado. i , , Witness my h1nd and official seal. My commissio~ expires: ,I.,,;/Y,u/71 II ). acknowledged before me on , 1985, by Cparles ~. Collins as City Clerk"of the City STATE OF COLORADO lJ.-l1. <-R'l.(,-x.-) / ; A IJI _ t.. :~l_f ..1.'1'-~. '....-:7- . , :.(.J 6/'.-// <V . , I , , d ' I " I " , -4- I . j I I' l . 1 j , , I . , ,-,1 ,,,,",, I \ II II I I EXHIBIT A , I -j A tract of land situa~ed in the Townsite of Asperi and Ute Addition, City of Asp~n, Colorado, all lying within the Northwest 1/4 of Section 18, To~nship 10 South.. Range 84 We,st of the 6th P.M., described as f041ows: , , Beginning at a po int ~ing the Northeast corner of Lot A, Block 107, City and Townsite of Aspen; thence South 14050'49" West 100.00 feet along the asterly line of said Lot A to the Southeast corner of IJoit; A; thence North 75009'11" West 30.00 feet along the Southerly lire of said Lot, A to the Southwest corner of Lot A; thence South 141050'49" West 20.00 feet along the Easterly line of vacated South Spring Street to the Northwest corner of Lot K, Block 107, Cityl and Townsite of Aspen; thence South 75009'11" East 190.00 feet along the Northerly line of Lots K through pand the West~rly 10 feet of Lot Q, Block 107, City and Townsite of Aspen; thence South 14050'49" West 100.00 feet to the Southerly line of saidlBlock 107, City and Townsite of Aspen; thence North 75009'11"iWest 190.00 feet along the Southerly line of Block 10,7, City and!Townsite of Aspen, to the Southwest corner of said Block 107; theice South 14050'49" West 6.42 feet along the Easterly line of v cated South Spring StI:eet to the ,NortherlY', line of Lot 38, Ute Ad i tion to the City o,f Aspen; thence North 74024' West 4.44 feet ~long the Northerly line of Lot 38, Ute Addition to the Northw~st corner of said Lot 38, Ute Addition to the City of Aspen; the~ce South 59051' West 44.00 feet; thence North 38042' West 63.0j feet to the Southwest corner of the Easterly 10 feet of Loti s, Block 102" city and Townsite of Aspen; thence North 14050'49" lEast 220.00 feet to the Northerly line of Block 102, City and TOW;J.site of Aspen; thence South 75009'11" East 116.29 feet along ~he Northerly line of Blocks 102 and 107, City and Townsite of Aspen to the Poi~t of Beginning; i ' TOGETHER WITH 3 non-eXCi' usive licenses to encroach upon public rights-of-way as contai ed in 3 Encroachment License Agreements, all dated April 30, 198 , recorded April 30, 1982 in, respectively, Book 425 t Page 907; Book 425 at Page 913; and Book 425 at Page 919; I i TOGETHER WITH a perpetu~l non-exclusive easement for ingress and egress as established bt that certain Short Form Easement Agreement dated as of A~ril 1, 1976, recorded April 25, 1977, in Book 327 at Page 777; i I I County of Pitkin, Statelof Colorado. I \ -5- I, j 1 l' j 1 I ,j i , 1 1 -1 oN' ", J'~"" ~ , ~"", ,,j'l'''''' 1 ,~ '. , € " 1'"-\ -, I CANCELLATION AND RELEASE AGREEMEN~ ? ,</t) THIS CANCELLATION AND RELEASE AGREEMENT is made this 2? -day of /J/;elt.., 1985, by and between ASPEN MOUNTAIN JOINT VENTURE, , , a Colorado joint venture ("Aspen Mountain"), THE CITY OF ASPEN COLORADO, a Colorado municipal corporation ("City"), and I WOODSTONE ASSOC., a Colorado general partnership ("Woodstone"), I individually and as representative for WOODSTONE INN ASSOCIATION, INC., a Colorado non-profit corporation. !il!!!~2.2.~!H WHEREAS, Aspen Mountain is the successor in interest to Hans B. Cantrup with respect to the fee simple ownership of Lots F, G and H, Block 91, Original Aspen Townsite, City of Aspen, Pitkin County, Colorado ("Property"); and WHEREAS, Woodstone is the successor in interest to Resort Hotel Development, Inc., a Colorado corporation, with respect to I the fee simple, ownership of the Woodstone Inn and as such is the successor in interest to Resort Hotel Development, Inc.'s lease- hold estate in the Property under that certain Parking Lot Lease ("Lease") dated May 18, 1982 ~ith Hans B. Cantrup and June Allen Moss Cantrup, as lessors, recorded on March 11, '1983 in Book 441 at page 803, Pitkin County, Colorado records; and WHEREAS, The City has agreed to wai~ the requirement for -_..--,--~. twenty-three <?3) parking spaces on the Property for use by guests of the Woods tone Inn and to join in the cancellation and release of the Lease which presently burdens the Property upon the execution and delivery to the City by Woodstone of an agree- ~~~~\lmertt to the effect that no individual condominium units in the ,i)'> ......./ ~ Woodstone Inn will ever be offered for sale, or sold or otherwise conveyed, or mortgaged or otherwise encumbered until and unless I the owners of the Woodstone Inn have fully complied with the con- "v dominiumization condition and requirement that a total of four , , J I .!.il deed restricted employee hous ing uni ts ,be prov ided for employees of Woodstoine Inn Condominiums; and , . . 1""'\ -" " WHEREAS, Woodstone has provided the City with suchan agree-' ~ent and the City is pow willing to waive the requirement for twenty-three (23) parking spaces on the Property and, as a result, woodstone and Aspen Mountain are desirous of cancelling "" , and releasing the Lease. NOW. THEREFORE. in consideration of the covenants and condi- tions contained herein the parties hereto hereby agree as fo1- lows:, 1. Aspen Mountain and Woodstone hereby cancel and release the Lease as it burdens the Property and agree that said Lease shall hereafter have no further force or effect. 2. City hereby consents to and joins in the cancellation . and release of the Lease as provided in paragraph 1, above. 3. This Agreement may be executed in multiple counterparts by the parties hereto which when taken together shall constitute one document. IN WITNESS WHEREOF, the parties hereto have executed this , Agreement as of the day and year first above wr~tten. AMJV: ASPEN MOUNTAIN JOINT VENTURE, a Colorado joint venture BY: John H. Robetts Jr.', urer AY James M. Holbrook as hi Attorney-in-Fact AND BY: Roberts Aspen Properties, Inc. a Texas corporation, Ven turer I By: 1!!/tUJ:;- , : resident I .'1 WOODSTONE ASSOC., a Colorado general partnershipl individually and as representative for the Woodstone Inn Association, Inc., a Colorado Nqn-Profit, Corporation By T. Richard Butera, General Partner "'.. -2- PRE-APP~TION CONFERENCE SUMMARY -, '0-....'1,.-, / ,,-<, '- ) ~,'. PROJECT: ijJ DU} ,!))',Q ~v;}. A!PLlCANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: D;i--i( ~Vt-eV~i i I CoIUr~"'iJ '/;"7 l 7" "'; !\-- f"'; (A . ...,) 0'..1 I) o OU"I C ,,r-I;o' q,,~'8"1 oD / , (h',V''/Z r ::c OWNERS NAME: n I, J} L ',f' >; () Fe 10 l. 2. Type of Application: Describe action/type SUMMARY , ~ Ii' r ' " .:.., ___ (,) i:-l).Jtq-C L0J.16'Vihr/,1VfVl,L4/l};-: t J of development being reques~ed: --"" 3. Areas in which Applicant has been requested to respond, types of reports requested: .',. Policy Areal Referral Agent Comments 4. Review is: (P&Z Only) (CC/BOCC Only) (P&Z then to CC/BOCC) 5. 6. Public Hearing: (YES) (NO) Did you tell applicant to submit list of ADJACENT PROPERTY OWNERS? (YES) (NO) Disclosure of Ownership: (YES) : (NO) 116'lSD What fee was applicant requested to submit: 7. 8. 9. Anticipated date of submission: CO~lENTS/UNIQUE CONCERNS: ~_k .~, )", \ t--AEM.of4>Nt:> l.l ~ ""Tn '. G",iZJ( E:5Afa.i) A. 'SS\'$TA~ c.r''O'f A-r (Je,J""f F'F':<ll-lt.:l~~cJCet-.'Ro"I1r\c) ~f.,J~(lJ~ING.,_~M~ : J::~1.lA~1-,7 > ('?)cB ~ ,LWQOD~TOI--le..:rI-JJ'J. l1t.JDOKIN\ IJI,I\ L,.,.,Fl/'*k'f'l-AT_, _,.. :.l. f~e. I oF- 'P/...~: AT 'i"l'rt: $OU\tf~ Co~~ OF Tlte- " ! :Pfr~~) The G.C.E. 'Po",- fv-.JO 'T"tt'E :::'lA-l/<:. t...C.E. U~IT CJ~ E:NC~p,.cfl otJ ~ ~6wI~, AI...--r~uGtt C \\ -we. 'e-ASf;M~tJ( \ s N~T To iTtF- 1-r:1) $TIW,.. "iD p~F-c\ \1tfi:.., 1'vel....lC,. " ;$~ovt..Dr-J 'T we. se.a A~ E::;'S'e;;,WlE'...rr ,E'-1J C~"'Cl+Mp,.JT" h-6~M~), i<ZCoR..tlf'..o " e,OOI'- Ar-JD F'PrGe ? AT'CKI;'rfj,j> As. ~tf"'Ie>IT "'AlA. " AND 'l1twf::-rZ81' IN c~?o~, ~1> t\~(~ lS fc- 5ZJH OP"\.!\-F-- ~.,I.!~Ii'NT IN o..UEST"IO~ .B...~~~u~ " !: i,. '"111"(S (lEM "To t-'tl'i- p's ""i1t fi- fv\:A-G( c. KA-Qt tNr=.. [i: \,'JOUL.J:> NoT l'{<:..Opuc~ j>.- LEGt6(.ti!.. Cbp-(.' u. '1., ~~ '^_-t t'~"J . ",3 . JJ:t;t--'I " ~ :r: " "'Do t:: \, ]2, II ~tt(~( v (Wl:HCl-\ \&.J...C9Fy'"i1-tt\"'i $.T't-:"'C'e:.s. \t.T "",S(N STf':.Ul-t1f.;+J\ 0.. 0 Cf'- $AVD. BA-$l*;e,Jf OF ~t;I(" ~,~ P.:.I+-~ -f (s 1-1 ~'1' I' A Ii . "'~MI!NT .1 " Ii 1<'.," St\Ot<.T Eo~IA, "" 0 <J~!kvr:.s: (t I ' !' , , , "AM uiJ A-aft-. ['l) A-6(!?:..~"~T, h ""'Do ,. we. / "FVf!::rH~ \,V('D+- IT. LOC:;i''Q1.. ,'" \I sAn;> .l-l.~,,"""o Cot-l~ .._ ;_L " , ..e;N~t"iJ\ II .!r ;l'~ 1>-. \ "~!"1"'"t ~ " I i fr 0=> 0..1 --'j!" " 'I " S~F-- IS CbNCI'jC.t...)F.i!:> Wl7l+ +t-IC WO<Jt..t:> , L(~_ '10 .sf: , ~ 'PA-~liJG A~~6tJr.'m 1: ~."-H"'-'-'--"'''- " ~I ___ .., L ~,l +tAP T.ftt {KP~~$Slot-.l '"11\'''"'('' "The. ~NC RcACttMGNT " " P<-<<'~l"I\JTS .f-\--'<O, I-J'llT. e.~,l?~, B\!T o~~ Ci:Jf'-( OF ,~ fl..kT CtTji;-S eNC~Acttt-Jl~ L-lCBrJSE:-, ,A<~(2.e-eM~ AI: eooi<- 41..~) f"kGf',..;S q;o7) g)l~) AND ~l~. A~r;. 'Tl-If.Sse. . / (lo,:z.eecT ~ 'Tttt.: re-Ase."'/\f&~ IN (9.UES((o~.J?/ / / / / C<,T+\TtoN S ,"" ",\ ,-." ,,,..\ " , \ fkGe- ~ 'I Ii , I' , .:"'~. 11I{-r.3-, 0=/, "- ( <.. 'fIJ \ '" ~~.:t>S ,-p:>, l1t~~r<Sf~'"""ISNT,OF'. rD'''--t-A",. ) AT ;: ,. I, -nt-~ "~"T ~<.INt>k2.JJ 6P , ~F',...!1;C_~",.:nt:f2-, e:;.SlS-rv'\tZIJT ': ~- "'-'f j' i Ii o""! 1"*?-- e..tI<ST 2.0p-~-r t>1=' l-OT a.rtA!> tI< '8Utl..l::>IN(; (-nte. G...Oia'" t\-()I..e Cb,..H::>clM\NIUMS)OtJ IT. " r 1)0 vJ~ j..!e.f'--P -,0 Q)NC~ O<.l~fi.-","~t? ANdTt-flU:.. ~S~M~N7" ~C~ACf:fMF~ ,i'~jStJT .?_~vJ_TKfZ-. '\WILC>tt>J' f;1..lC!t-oAql,/-IlE+lT' ,7, At-so ~arft- "Tll"'A-r 1f\1'1:.:_~~ IS Rlte.. ItJ6>r<~ ,l,1'olr.> e.GIU$$ \)J~/l<S ose::- 1\ '?~/>lG, "'\('So '" 1 It $: "g" r.>, ,,_,..f't ''_\______ ..____ .""Dh-l _~AA_r*,;Ct:::__ "" ,,--,1 ,-- j , .~_..._- f .....-... -'-_..._...,.......~._.- _._......:__..._-_.,.._.-.,,-'_._"",..;-_...,,-,-,,--~'--..~._..._.~. ""'" I ~1.C"',; ,.I:;) 6 ,"-' Regular Meeting Aspen City Council -- June 14, 1982 r ::::::S:::n:~C::::::n: :::::e:a::ssed out plat maps and told council this is a new dUP1J at 1415 Sierra Vista drive. It is in the R-15 zone. The owner has committed to do !J the conditions in the memorandum, II Councilman Collins moved to approve subdivision exception for the purpose of condominiumizl- tion of the Grace Paul duplex ,at 1415 Sierra Vista with the fOllowing conditions; (1) that the requirements of Sec. 20-22 be met and committed to through the executive of the statement of subdivision exception and the declaraction of covenants, restrictions and conditions; (2) the five plat amendments listed in the engineering department memo be made prior to recordation of the final plat; seconded by Councilman Knecht. All in favor, motion carried. n U ASSIGNMENT OF WOODS TONE INN CONDOMINIUMIZATION ,APPROVAL 'SpJ...L^J John Plat told Council that RHD is a wholy-owned subsidiary of Vilcor which was used.to acquire the Woodstone. Spence Schiffer, representing Vilcor, told Council they wanted an assignment of condominiurnization approval which Council previously approved to Hans Cantrup and Soderling. That transaction did not go through and the contract was termina- ted. Schiffer prepared the necessary documents for the assignment of any and all rights Cantrup had in the approval to RHO. RHD will be taking over that approval subject to the condtions of that approyal. City Att~rney Taddune told Council that the new owners have agreed to abide by all the conditions imposed by Soderlin~. Schiffer told Council the conditions in the agreement come verbatinfrom the m~nutes of May 11, 1981. Taddune told Council the planning office has reviewed this and he has compared the agreements and they are identical. Councilman Parry moved to consent to the assignment of the condominiumization exception approval for the Woodstone Inn from Hans and June Cantrup to Resort Hotel Development, Inc. and to authorize the Mayor to execute the City's consent on the assignment document, if the document is approved as to form by the city attorney including the lease documents tilat have been given to' the city: attorney for 23 parking space and 3 employee units; seconded by Councilman Knecht. All in favor, motion carried. o ~SOLUl;ION #17, SERIES OF 1982 ~ Benedict Annexation Jim Moran was present representing the applicant. city Atto~ney Taddune told Council his office has reviewed the application and finds it acceptable as to form~ Taddune told Cowlcil that Moran has agreed, as a formality, to tender to the city any water rights attendant with the property. Moran showed Council a map and the locations. Moran told COuncil all the Callahan subdivision is in the city except lot 11. Moran told Council when Callahan was annexed, the water rights "from the Nellie Byrd ditch that were attributable to this land were conveyed to the city as well as some water rights on Red Mountain. Taddune told Council that the PUD for this that is approved doesn not encompass the land that will be annexed. If this land is annexed, there will have to be an amendment to the existing PUD. .. Moran said people have looked at lot 11 and asked about the property between lot 11 and the river. People would prefer not to have anything built there. Benedic~ placed a covenant on this land so that nothing could be built there and recorded it. Moran said then people wanted as part of their lot to own the land all the way to the river. In order to make lot 11 more attractive, this is an attempt to attach that portion to lot 11. Moran said he felt the size of the building on lot 11 should be based on the combined lots.; The city has just finished an ordinance saying the appropriate size of a building is the function of' the lot size. n I-,J,! LJ Alice Davis,' planning office, has addressed three considerations that would be more appropriately addressed at the rezoning stagei the zoning and whether a mandatory PUD should be put on the propertYi the floor area ratio - whether this should include the second lot or not; whether this annexation is taking lot 11 out of the Callahan subdivisio~ or adding this lot to it. using just lot 11, the building would be about 4900 square II feet, using both lots, the building would be 6400 square feet. II: Councilman Parry moved to approve Resolution #17, Series of 1982; seconded by Councilman , Knecht. All in favor, moti.on carried. !l GOLF COURSE PRO SHOP I Jim Holland, parks director, put up a rough site plan for the pro shop with exterior I renderings and interior floor plans. The interior of the pro shop will cost $68,000. :.i Chapman said the money will come out of the land ~und because the lease revenue from the Pl~Treegoesin~thatfund. II . d h' ff d 'th th 1 . f i Councilwoman M~chael move to aut or~ze sta to procee w~ ese ect~on 0" contractors Ii ;~~ ~~:c~~~pose of completing the interior of the new golf pro shop, seconded by Council- il:,I',' Holland said he felt this was going to be a nice building. Councilman Parry asked about the showers. Holland said these have been taken out after talking to the men's and women's golf associations, who did not feel there would be a 'demand for showers. Holland said ' if there is a big demand, these may be set up under the Red Roof Inns. The pro shop will be 2500 square feet at 1250 each floor. All in favor, motion carried. .i ,..-"""~___,_. ,__,"~"~~^".,..~,,.~~.._~.",'"'~^,'_"__'__.___'-_.~'_'_'__"_'__.'_m~~..~,~,_"~"..c,."___~,..~_ ..__. " --, ---....-.....-----,....,-...,..--.-,.....,.-... ..,_..........~-'"~, '".~..,~~.._-...,.."... , 3j~~< Regular Meeting """"""'~-, """ ,-, Aspen City Council May 11, 1981 .T~- I; Councilwoman Michael asked what the original square footage for the original application was,and the square footage with the increased units. Vann said the applicant cannot increase the square footage. Vann told Council the original application received points for proposing to build below the permitted FAR for this zone district. Herb Paddock, building inspector, told Council the revised submission calls for 4,000 to 5,000 square feet over the original submission. It does co, incide with the FAR reqUirem, ents. Paddock ;\' told Council the net change in square footage, taking away the Blue Spruce, would be i a loss of 8,000 to 9,000 square feet of unbuilt area.jl Vann told Council the planning office ,their recommendation that Cantrup has not substantia1ly altered the GMP application is predicated on the fact that the revised Aspen Innis the !i same FAR as the original submission. This, is the representation that was made to the Ii staff. City Manager Chapman suggested tabling this and make a finding on the FAR to see 'I whether the building is larger or the same, and then go over the implications of this with the applicant. The square footage was one of the relevant factors used in the GMP process. - - J Councilwoman Michael moved to table the Aspen Inn item; seconded by Councilman Collins. All in favor, motion carried. II II II I I I, II I: II I, 'I II II ,I I' I II I' I I I I II II I I SODERLING SUBDIVISION EXCEPTION (Woods tone Lodge) Alan Richman, planning office, reminded Council they had tabled this application in March due to the fact Council wanted the attorney to review all the conditions and make sure the:: conditions would insure .the city got what it wanted from the application. Richman told :: Council the city's attorney does not feel it appropriate for the city to be entering into !; agreements and suggests the applicant demonstrate in some manner that the promised parking: spaces will be available. A lease from Cantrup to the applicant with the city as a third party for 20 years is the best way to make sure the parking spaces are available and that the city is not involved in any agreements. The leases will be recorded.." Ii Jeff Sachs told Council the arrangement that has been' worked out with the city attorney is:! acceptable to his client and to the condominium association; it protects them for the ::F~~k;~ parking for 20 years. If Cantrup wants to change the use of the property which is to be 'j ) used for parking, he has. to come to Council for approval. Taddune said the city will be ' specifically set forth as a third party beneficiaries. Taddune said this is to have the applicant demonstrate compliance with the parking condition in conjunction with the condominiumization~plication. Sachs said the condominium association will "enforce these agreemen ts. . Councilwoman Michael moved to approve the parking lot lease between Hans Cantrup, Ronald Soderling and the city of Aspen as a third party beneficiary, SUbject to the city attorney:: accepting it as to form; seconded by Councilman Parry. All in favor, with the exception of Councilmembers Collins and Behrendt. Motion carried. "'1 I 1 1 , .) il Ii Richman pointed out the second issue is ~~ployee housinq. based on previous agreements, '~ U the applicant has to provide three. units should be provided. Four units are being ',::,:, f ~fIPy1.,n$j' provided because of the square footage contained in the units. There are covenants designating unit 121 at the Woodstone'and units 42, 43, and 44 which are to be deed ., restricted at t 1na Haus. T e city attorney wau~ea ~o make sure there is some perform- ance an suggested a ~O years. lease to be recorded with the covenants. Taddune told . .: Council he suggested a lease oecause restrictive covenants do not give the city a right to" enforce them. Taddune said 20 years is an arbitrary figure based on the useful life of the building. Sachs told Council the onsite housing belongs to the condominium association. Vann said the city inherited a number of agreements and the staff and P & Z have at'tempted, through condominiumization to catch all loose ends and require compliance prior to Ii approval. The units have to meet 1692 square footage in total. !1 II II Councilman Isaac moved to approve the master lease of employee housing for the Woods tone conditioned upon the form being satisfactory to the city attorney; seconded by Councilman !i Parry. Councilmembers Isaac and Parry in favor, Councilmembers Collins, Michael and Mayor i~ Pro Tern Behrendt opposed. Motion NOT carried. ~I - I Mayor Pro Tern Behrendt suggested that the proposed units in the Woods tone be used for I employee housing. Sachs said that would totally change the condominiumization of the Woodstone. This is changing an agreement made five years ago by the city. Councilwoman Michael moved to table the employee housing lease; seconded by Councilman :i Collins. Councilmembers Collins, Michael and Mayor Pro Tern Behrendt in favor; Councilmembers Isaac and parry opposF'd. Motion carried. I Richman told Council the third major issue was the :temoorarv certificat of OC("!l1p;::In~Y There was a temporary floor which was to be removed by May 1st and it was removed. The building inspector said the applicant has complied with the letter of the law on the FAR. Richman said there are several encroachments into the public right-of-way and license to encroach should be entered into. These are minor encroachments. c,o. ii I , I 1."\,,,,0;(' Councilwoman Michael moved to approve and direct the Mayor to sign three ~ncroachrnent ! e~' agreements to be drafted by staff concerning wood facia on concrete foundation wall,buildt ing canopy above alley, foundation wall below grade encroaching into Spring street and II east Ute; seconded by Councilman parry. All in favor, motion carried. I which II ;1 .f'.1 Richman outlined all the conditions for approval. These are the parking agreement, Council has approved, the employee housing agreements, which have to be worked out. Another issue is to make sure the parking spaces in front of the Continental be used by the woods tone lodge; the staff has requested a sign for the parking lot. The condominium plat needs one revision to show that the temporary floor has in fact been removed. The last condition are the encroachment licenses. Richman said the applicant in all other respects has met the intent of the lodge condominiumizationregulations. '..! _._,-.....,,-,.......,.,-.-.~---_......,.,----....,----,.,--_._..._.,~._._._".~-----_.------.,.......----.....,........-.----:-----_.~"_._--".-:~.....---",..- ----/ . ^ ..-.. 309~ Regular l-leeting Aspen City Council May 11, 1981 (', t 1, k-v;l,\'Wt>''l\) U \;:j<~ J" ')V i{ ~V' A\'F1/\\ \ ~!;.~e, If" h ~'" , ~y ~i \bw'''U "A-W~ \\I~0 '. l.'i'>",'~f[i~: rA\)11 " "'\!1~",1.0j"'\.' "bitt rC f ' I ; i 1 U r, I~ ,,\ f ) U ,Sachs told Council that Hans Cantrup agreed to change the lease on the employee units to a term of 50 years, rather than 20, at low income housing. Ron Soderling, the applicant, told Council this application has been pending for months. They need to get approvals so they can continue the remodeling. Sachs told Council that the Code does not require on-site employee housing, only an affidavit stating what the services has been previously and they wpuld provide that level or better. Councilwoman Michael moved to reconsider the vote on the employee housing issue; seconded by Councilman Parry. All in favor, motion carried. ~ CouncibV'oman Michael moved to approve the master lease of the employee housing between Hans Cantrup and Ronald Soderling with the city of Aspen as a third party beneficiary subject to the approval of the city attorney; seconded by Councilman Parry. All in favor, with the excep~ion of Mayor Pro Tern Behrendt. 'Motion carried. Councilman Isaac moved to approve the application by Ronald Soderling for subdivision exception for purposes of condominiumizing the Woods tone Lodge and Anchorage restaurant subject to the fallowing conditions: (I) the applicant agreeing to provide 23 parking spaces for use only by the Woods tone Lodge and Anchorage restaurant. The lease securing these spaces at the southwest corner of Durant and Galena shall be recorded at the time of condominiumization and shall run with the land for a period of not less than twenty year; (2) the applicant, recording the attached covenants on unit 121 of the Woodstone Lodge and the covenant and lease on units 42, 43 and 44 of the Alpina Haus at the time of condomin~umization to meet the employee housing requirements of the applicant for 50 years; (3) the applicant placing a sign in front of the parking area at the southwest corner of Durant and Galena to designate its use as the parking for the Woods tone Lodge and Anchorage restaurant; (4) the applicant revising the condominium plat to eliminate the temporary floor assembly which is presently shown but which has been removed from the building; and (5) the applicant executing and recording the three encroachment agreements drafted by the engineering department, and (6) meeting all requirements for the condomini- umization of existing lodges and all agreements be approved as to form by the city attorney; seconded by Councilman Parry. Councilmernbers Isaac, Parry and Michael in favor, Councilman Collins and Mayor Pro Tern Behrendt opposed. Motion carried. PLUM TREE TASK FORCE City Manager Chapman reminded Council that if the issue to sell the Plum Tree Inn passes, the Council wanted to open the bid for sale once again. Chapman said if there is to be a task force to review offers and the different potential uses of the Plum Tree, it, should be a small group with a fast timetable. The groups that have been vocal about what happens to the Plum Tree should be on the task force. Councilman Isaac said the list that is presented looks like most members would not live in the city and he would like the majority of members to live in the city. Councilman Collins suggested that one member of Council try to attend all the meetings. Councilwoman Michael moved to approve the apointment of the task force on the Plum Tree as outlined in the city manager's report of May 5; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #27, SERIES OF 1981 - Water Service Rates to Water Districts City Manager Chapman told Council this is a fo~low up to the Highlands water and sanitation agreement. This establishes their water rate as this is the first district that the city has ever supplied water to. Councilman Isaac moved to read Ordinance #27, Series of 1981; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #27 (Series of 1981) AN ORDINANCE ENTITLED "WATER SERVICE RATES FOR THE WHOLESALE SUPPLY OF MUNICIPAL WATER TO WATER DISTRICT", AMENDING ARTICLE III OF CHAPTER 23 ,OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADDING A NEW DIVISION THEREOF was read by the city clerk Councilman Parry moved to adopt Ordinance #27, Series of 1981, on first reading; seconded by Councilman Collins. Roll call vote; Councilmembers Collins, ayei Parry, aye; Isaac, aye; Michael, aye; Mayor Pro Tern Behrendt, aye. Motion carried. PARK PLACE GMP AMENDMENT Jack Johnson, planning office, told Council the Park place building was granted a 1981 commercial GMP allotment. The property is located on Cooper 'avenue between the Aspen Leaf building and Guido's building. Johnson told Council the total square footage is not being altered, the modification is to the footprint. The HPC has reviewed and approved the facade changes. There was some concern about continuous 900 foot facade of both buildings without any break; however, the large spruce tree was felt to be an adequate break. j The planning office and HPC support the modifications and do not feel these would dis- qualify the applicant in its GMP allotment. This modification comes about because of the acquisition of the Aspen Leaf building and incorporates the two. Councilman Isaac moved to approve the modification of the Park Place building and reaffirm their allotment for 1981 GMP commercial; seconded by Councilman Parry. All in favor, motion carried. BELL MOUNTAIN SPORTS GMP AMENDMENT Nick McGrath told Council this is.a GMP amendment for the Bell Mountain s'ports building adjacent to the Crystal Palace theatre and owned by the Crystal Palace. McGrath told Council they agree with the conditions in the planning office memorandum. The Crystal Palace feel the architectural changes are advantageous. Jack Walls presented and explained the changes. ..,...___.,~._o~ '''__~'''''''''""''''"'_"'_''__.._.,.,_.__.,.....--~,~~__., "___'--'_."_,'_._"""'-_._ ~.,..__._~__~..~..,._,.:.,__...,..._~,~ "~.~__w,.,..,___._~,______...-.-.....,__,__."_,__--.,"_,._~...,_"..",,,,,__',_~.~,~~,.._~_~""_..."__...'_.._.,, ./"' ,. ..." ,I'" I' r-., r-., WOODSTONE PLAT AME~DME~T ,. 8/26/85, City Council approved the 'l'toodstol'!e plat l!;mendment. The following amendments to the Woodstone condominiumization plat subject to the conditions listed below. 1. 2. 3. 4. 5. Expand Room 127 from 240 s.f. to 375 g..f. by extenGling into Room 100 (Offi ce space) . Expand Room 137 from 239 s.q. to 450 s. f. by e xt enGlil't<;l into Unit 100 (Office space) . Expand Room 202 from 268 s.f. to 600 s .f. by extendi fl9 into Unit 100 (storage space) . Expand Room 252 from 224 S If" to 269 s.'f .. by extendi ng into Unit 100 (Covered ,walkway) . Expand Room 302 from 26 8 s.f. to 445 s...f. by eli:te ndi ng into Unit 100 (storage space) . 6. Construction of a hallway with <;11 assed-in ai r lO'ck f rOfulOBby to the east wing. 7. Construction of a hallway from lobby to the west w'ing. 8. Install a new awning on the western entrance extending ftom the entranceway to the curb of Spring Street. 9. Change the deed-restricted employee unit from Room 121 to Room 232 (see Condition 14). 10. Remove the existing trash storage area on the west side of the building, replacing it with flower box, moving trash storage area to be the basement, and designating a new trash pick-up area where trash will be moved to for daily pick-up. (see condition 45) the following conditions: Subject to '--...''-, /8 .~ ~..:. (\. 3-:-~ "'-"// r?T':J ~ A Final Plat Amendment shall be submitted which c'Onfotl'ns to the requirements of Section 20-15, including specifically, corrections to the deficiencies noted in the Engineering Depart- ment's memorandum and per verbal discussic>l't. A written ,narrative explaining each of the ~ amendments shall be subll\itted as part of the Plat Amendment. The applicant shall submit a Statement of Subdivision E:X'ception through the City Attorney's Office. . l,'\.',~ I Encroachment for the Spring Street awni,ng shall ere cbtained prior to recordation of the amended Plat. In the event, that encroachment is not granted, then Ame'ndment 8 shall not be approved. The employee housing deed-restriction shallCYnlY boe changed from Room 121 to Room 232 if approval is given by the H'ousing Authority and by City Council for the ,four" eTll'P1oyee u'nits that are obligations attached to the Woodstone ,Irth.Approvalsfor the employee housing proposal must be obtained prior to recordation G"-' of plat. ' S. \) The amendment fo~ the remov,al of the existing tra.sh stc>rage / area, moving trash storage to basement and desi<;)nating a new trash pick-up area in the Durant Street ~rking lot s1'la11 be approved if a new parking space can be created elsewhere on the Woodstone Inn site that satisfies the Planning Office. The applicant must obtain Planning Office's approval pri or to recordation of the plat. In the event that such approval ~:\iS not given, then antendment 10 is not approved. Ii } I 6., /The applicant sl1a11 provide handicapped acCesS at the Spring \ // \...../ ~- ............. - \ ~ . ~ "!f~i;~~s~~f' ~ffrf:i1,~~&X\ P'^', ~ ';;",;;;;j'~';;t';"ibF.i0;~',;;",<",;;,~/~: i/