HomeMy WebLinkAboutagenda.council.regular.20070813
CITY COUNCIL AGENDA
August 13,2007
5:00 P.M.
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
a) Outstanding Employee Bonus Award
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT
on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Minutes - July 10, 23, 2007
b) Resolution #61, 2007 - Calling Special Election November 6,2007
VII. First Reading of Ordinances
a) Ordinance #30,2007 - Charter Amendments - Instant Runoff Voting P.H. 8/27
b) Ordinance #31,2007 - Charter Amendments - Term of Mayor P.H. 8/27
c) Ordinance #32, 2007 - Code Amendments - Construction Management P.H. 8/27
d) Ordinance #33,2007 - Code Amendment - Noise Abatement P.H. 8/27
VIII. Public Hearings
a) Ordinance #31,2007 - Open Space & Trails Board
b) Resolution #62, 2007 - Sunny Views Annexation
c) Ordinance #28, 2007 - Cooper Avenue Pier Redevelopment Continue to 8/27
d) Ordinance #29, 2007 - Wienerstube Subdivision Continue to 8/27
e) Ordinance #5, 2007 - Lodge At Aspen Mountain
f) Ordinance #24, 2007 - Vacation of Dean Street
g) Resolution #53, 2007 - Smuggler Affordable Housing Conceptual Review
IX. Action Items
a) Resolution #63, 2007 - Amending Council Rules and Regulations
X. Adjournment
Next Regular Meeting AUQust 27.2007
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
Ilia...
July 27, 2007
Jannette Murison
Senior Environmental Health Program Coordinator
130 S. Galena Street
Aspen CO 81611
Dear Jannette,
CONGRATULATIONS! It is my pleasure to inform you that you have been
selected to receive a City of Aspen Outstanding Employee Award for the second
quarter of 2007. Please plan to attend the August 13 City council meeting to
formally receive your award.
You are receiving this award because of your exceptional efforts that resulted in
the City of Aspen being named a finalist for the 2007 Innovations in American
Government Awards by the Harvard University's John F. Kennedy School of
Government. Thanks to your initiative and commitment, Aspen was one of
eighteen finalists out of nearly 1000 applications from across the country.
You realized that this award presented a tremendous opportunity for the city
and that if you took the lead, you could make Aspen's application successful.
You took responsibility for the entire process, which resulted in the city not only
receiving the national recognition of becoming a finalist, but also being awarded
a $10,000 grant to help "spread the word" to other communities about Aspen's
Renewable Energy Mitigation (REMP) Program.
You demonstrated the city's values of teamwork, customer service, and work
ethic in tackling this very time consuming project while maintaining your
regular workload. The application required many hours in research, meetings,
calls, emails, writing, reviewing, editing and submitting. You put the success of
the City team ahead of your own goals, and helped others receive recognition for
their efforts.
Because of your efforts, the City of Aspen's goal of leading by example and
setting a high standard of environmental excellence has received national
recognition. This will bring about more environmental improvement as other
towns follow Aspen's example.
Again, congratulations and thank you! It is a pleasure to work with you, and the
City is proud to recognize you with this bonus award.
Lee Cassin and Stephen Kanipe
Vlb
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kathryn Koch, City Clerk
DATE:
August 6, 2007
RE:
Resolution #61,2007 - Calling Special Election
REQUEST OF COUNCIL: Staff recommends adoption of Resolution #61, 2007
calling a special election for November 6, 2007
DISCUSSION: The Charter of the City states:
Section 2.2. Municipal elections.
A general municipal election shall be held on the first Tuesday
after the first Monday in May of 1971, and biennially thereafter. Any
special municipal election may be called by resolution or ordinance of the
council at least sixty (60) days in advance of such election. The resolution
or ordinance calling a special municipal election shall set forth the purpose
or purposes of such election.
Council has indicated interest in placing several question on the ballot of the November
election. Two ofthose, Charter amendments, are also on this agenda for consideration.
The deadline for ballot questions to be submitted to the Pitkin County Clerk is September
7'h. Council's last regular meeting before that deadline is August 27th. The only other
election to be conducted by the County Clerk that date is the school district election.
ALTERNATIVES: Council could choose to not propose these questions to the
electorate at this time, to wait until November 2008 or to call a special election at some
other time in 2008.
PROPOSED MOTION: "I move to approve Resolution #61, Series of 2007, calling a
special election for November 6, 2007." OR by adopting the consent calendar, Council
is agreeing to call a special election for November.
CITY MANAGER COMMENTS:
RESOLUTION # ~t
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, CALLING FOR AND ESTABLISHING A DATE FOR A
SPECIAL MUNICIPAL ELECTION TO BE CONDUCTED ON NOVEMBER 6,
2007
WHEREAS, section 2.2 of the Home Rule Charter ofthe City of Aspen
provides that any special municipal election may be called by resolution or
ordinance of the City Council at least sixty (60) days in advance of such election,
and
WHEREAS, the City Council desires to place before the Aspen electorate
certain ballot questions, and
WHEREAS, the City Council may add such additional questions to the
ballot as it may hereafter deem appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section I
A special municipal election shall be and is hereby called and established
for Tuesday, November 6, 2007, for the purpose of submitting to the electorate
two Charter Amendments regarding election procedures and any other ballot
questions to be determined by the City Council at a future date.
Section 2.
Pursuant to Ordinance No. 3l, Series of 1996, the November 6, 2007,
Special Election shall be a coordinated election and shall be conducted in
accordance with the Uniform Election Code of 1992, as amended. The City Clerk
shall take all steps necessary to negotiate with the Pitkin County Clerk and
Recorder for the preparation of an intergovernmental agreement in accordance
with Section l-7-116, C.R.S., concerning the conduct of the November 6,2007,
Special Election according to law.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the l3th day of August, 2007.
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the city of Aspen, Colorado, at a meeting held August 13,2007.
Kathryn S. Koch, City Clerk
V'fAb
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The Gill' olAspeR
Gill' AlIOrnefs Omce
TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
August 13, 2007
RE:
Ordinances Proposing Amendments to City Charter - First Reading
Attached please find two proposed ordinances for your review and consideration. Both
ordinances propose amendments to the Aspen Home Rule Charter. The first seeks to amend the
term of office for Mayor from two years to four. The second would require that the City Council
adopt, by ordinance, instant run-off voting procedures for the election of Mayor and members of
Council.
Amendments to the City Charter require the passage of an ordinance followed by voter approval.
Should Council adopt the attached ordinances, the ordinances provide for ballot questions to be
placed on the November ballot for voter approval.
These ordinances were prepared at Council's request during your recent two-day retreat so that
they could be reviewed and discussed at a public hearing. The ordinances are currently scheduled
for First Reading on August 13, 2007, and will be scheduled for second reading and public
hearing on August 27, 2007.
cc: City Manager
ORDINANCE NO.
(SERIES OF 2007)
w
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 2.7 OF TITLE II OF THE CITY OF ASPEN HOME RULE
CHARTER REQUIRING INSTANT RUN-OFF VOTING PROCEDURES FOR THE
ELECTION OF MAYOR AND MEMBERS OF COUNCIL.
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to
require instant run-off voting procedures for the election of Mayor and members of Council; and
WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule
municipalities to amend their home rule charters through such procedures as may be enacted by
the state general assembly; and
WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which section sets
forth the procedures for amending a city's home rule charter requiring the adoption of an
ordinance, including a ballot title for the proposed amendment, and submission of the proposed
amendments to the electorate; and,
WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the
City Charter in the manner prescribed by the state constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
THAT:
Section 1:
Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is repealed in its entirety and
readopted to read as follows:
Section 2.7. Instant run-off voting procedures.
The City Council shall, by ordinance, establish instant run-off voting procedures to be
used for the election of Mayor and members of Council when run-off elections are required
by this Charter.
Page I of3
Section 2:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 4:
This ordinance shall become effective only upon approval of the electorate of the City of Aspen at
the general municipal election to be held on November 6, 2007, of the following ballot title:
Shall Ordinance No. , Series of2007, be approved to amend
Section 2.7 of the City of Aspen Home Rule Charter to require
City Council to adopt and implement instant run-off voting procedures
for the election of Mayor and members of Council?
Yes []
No []
A public hearing on this ordinance shall be held on the 27th day August, 2007, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado
Page 2 of3
~
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 13th day of August 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted as amended, passed and approved this 27th day of August, 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
JPW- saved: 7!l9/2007-539-G:~ohn\word\ords\charter-amd-Nov - 2007-c.doc
Page 3 of3
,
ORDINANCE NO. 31
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 3.3 OF TITLE III OF THE CITY OF ASPEN HOME RULE
CHARTER AMENDING THE TERM OF OFFICE FOR MAYOR FROM TWO YEARS
TO FOUR.
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to
change the term of the office for Mayor from two years to four; and
WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule
municipalities to amend their home rule charters through such procedures as may be enacted by
the state general assembly; and
WHEREAS, the state legislature has enacted Section 31-2-210 C.R.S. which section sets
forth the procedures for amending a city's home rule charter requiring the adoption of an
ordinance, including a ballot title for the proposed amendment, and submission of the proposed
amendments to the electorate; and,
WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the
City Charter in the manner prescribed by the state constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
THAT:
Section 1:
Section 3.3 of Article III of the Home Rule Charter of the City of Aspen shall be and hereby is amended
to read as follows:
Section 3.3. Mayor.
The mayor shall be elected at large from the entire city for a term of four (4) years. The
candidate receiving a majority of the votes cast for the office shall be elected mayor. In the
event that no candidate shall have received a majority ofthe votes cast for the office, then a
run-off election shall be held in accordance with section 2.7.
Page 1 of3
,
The mayor shall preside at meetings of the council and shall exercise such powers and
perform such duties as are or may be conferred and imposed upon him by this Charter of the
ordinances of the City. He or she shall have all of the powers, rights, privileges and
obligations of a member of council. He or she shall be recognized as the head of the city
government for all ceremonial and legal purposes and he or she shall execute and
authenticate legal instruments requiring the mayor's signature as such official.
Section 2:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 4:
This ordinance shall become effective only upon approval of the electorate of the City of Aspen at
the general municipal election to be held on November 6, 2007, of the following ballot title:
Shall Ordinance No. , Series of2007, be approved to amend
Section 3.3 of the City of Aspen Home Rule Charter to change
the term of office for Mayor from two years to four?
Yes []
No []
A public hearing on this ordinance shall be held on the 27th day August, 2007, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado
Page 2 of3
,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 13th day of August 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted as amended, passed and approved this 27th day of August, 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
JPW- saved: 7/19/2007-646-G:~ohn\word\ords\charter-amd-Nov - 2007-b.ctoc
Page 3 of3
VIII b
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l.V.I:elrD..o:r--d""~
TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
August 13, 2007
RE:
Sunny Views Annexation - Resolution Finding Compliance with
Municipal Annexation Act Following a Pnblic Hearing
This matter is before you for a public hearing to determine compliance with certain provisions of
the Municipal Annexation Act of 1965 as part of the statutory required process for annexing
unincorporated property into the City. Attached for your consideration and review is a draft
resolution to be adopted following the public hearing. If Council determines at the public hearing
that compliance with these provisions exist, then an ordinance to annex will be prepared for
Council's consideration at a later date. As with all ordinances, a public hearing will be scheduled
as part of second reading of the annexation ordinance. The appropriate time for interested citizens
to offer comments on issues, other than compliance with the Municipal Annexation Act, regarding
the annexation of the parcel to the City would be during the second reading of the annexation
ordinance. The public hearing scheduled for the 13th can, therefore, be limited to the sole issue of
compliance with the relevant provisions ofthe Municipal Annexation Act.
The property in question is adjacent to Park Circle and Smuggle Mountain Road. This property is
currently owned by Pitkin County. The county entered into a sales contract with Mollie Gibson
Holdings, LLC. Attached please find a letter from Michael Owsley, Chairman of the BOCC,
requesting that City Council annex the property. Apparently, Pitkin County and Mollie Gibson
Holdings, LLC settled a lawsuit involving adjacent Sesame Street road closure as it crosses lands
owned by Pitkin County. The Sunny View Parcel was made a part of that settlement.
At Council's regular meeting on June 25, 2007, Resolution No. 51, Series of 2007, was adopted.
That resolution found substantial compliance with Section 31-12-107(1), C.R.S. (the technical
requirements for a petition for annexation); established August 13, 2007 as the date for a public
hearing to determine compliance with Sections 31-12-104 and 31-12-105, c.R.S., (described
below); and authorized the institution of zoning procedures for land in the area proposed to be
annexed.
Because 100% of the property owners have consented to the proposed annexations, annexation
elections are not required. However, at the public hearing, Council must make a determination that
the proposed annexation is in compliance with Sections 31-12-104 and 31-12-105 of the state
annexation statutes.
Section 31-12-104, C.R.S., sets forth specific eligibility requirements which Council must find and
determine at the scheduled hearing. These eligibility requirements are incorporated within the
proposed resolution. The facts that support the determination of compliance will be presented by
staff at the hearing.
In addition, Section 31-12-105, c.R.S. imposes a set of limitations on every annexation. It is these
limitations that Council must also consider at the public hearing scheduled for the 13th. I have also
attached a copy of a proposed resolution which you may adopt as Council's written findings and
determinations following the public hearing. The proposed resolution summarizes the limitations
of Section 31-12-105 in the form of factual statements that will need to be established at the public
hearing.
cc: City Manager
Community Development Director
City Engineer
City Clerk
JPW- saved: a/7!2007-535-G:\john\word\rnemos\Sunny view Ann Res2.doc
2
RESOLUTION NO. & ~
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, FINDING
COMPLIANCE WITH SECTIONS 31-12-104 and 31-12-105, C.R.S., FOLLOWING PUBLIC
HEARING RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE
CITY OF ASPEN, COMMONLY KNOWN AS THE SUNNY VIEW ANNEXATION.
WHEREAS, on March 13,2007, one hundred percent of the owners of certain property did
file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of
Aspen; and
WHEREAS, on June 25, 2007, the City Council did adopt Resolution No. 51, Series of
2007, finding substantial compliance with Section 31-12-107(1), C.R.S.; establishing August 13,
2007, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31-12-
105, C.R.S.; and authorizing publication of said hearing; and
WHEREAS, a public hearing was held on August 13, 2007; and
WHEREAS, the City Council desires to adopt its findings and determinations following
said hearing in the form of a resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section I
That having heard and considered the testimony, comments, exhibits and arguments of all
persons appearing at the public hearing, the City Council of the City of Aspen makes the following
findings and determinations in accordance with the Colorado Municipal Annexation Act, as
amended;
I. The City Clerk, in accordance with Resolution No. 51, Series of 2007, did
give public notice pursuant to Section 31-12-108, C.R.S., of the public hearing, by causing
to be published once a week for four consecutive weeks in The Aspen Times, a newspaper
of general circulation in Pitkin County, the first publication being at least thirty (30) days
prior to the date of the public hearing. In addition, the City Council did send to the Pitkin
County Board of County Commissioners, to the County Attorney of Pitkin County, and to
the Aspen School District, a copy of the aforesaid resolution and petition.
2. That the property proposed to be annexed consists of unincorporated area
which has more than one sixth boundary contiguity with the City of Aspen.
3. That a community of interest exists between the area proposed to be
annexed and the City of Aspen; that said area is urban or will be urbanized in the near
future; and that said area is integrated with or is capable of being integrated with the City of
Aspen. The basis of compliance with the foregoing is the finding by City Council that the
area to be annexed exceeds the one-sixth contiguity requirement and:
a. None of the owners of the area proposed to be annexed have
expressed an intention, under oath, to devote over 50% of the land to
agricultural use for a period of not less than five years; and,
b. It is physically practicable to extend to the area proposed to be
annexed those urban services which the City of Aspen provides in common
to all of its citizens on the same terms and conditions as such services are
made to such citizens.
4. The property proposed to be annexed was not divided into separate parts or
parcels from any other tract or parcel of real estate without the written consent of the
landowners thereof to establish the boundaries of the property described in the annexation
petition. (One hundred percent of the owners of the proposed area to be annexed have
consented to the annexation.)
5. The owners of the property proposed to be annexed have consented in
writing to the annexation. Accordingly, the limitation set forth at Section 31-12-105(b) is
not applicable.
6. There is no other annexation proceeding, other than the one under
consideration herein, which has been commenced either in the City of Aspen or any other
municipality which affects the property proposed to be annexed. Accordingly, the limitation
set forth at Section 31-12-1 05( c) is not applicable.
7. Annexation of the property proposed to be annexed would not result in the
detachment of any area from any school district and the attachment of the same to another
school district. Accordingly, the limitation set forth at Section 31-12-105(d) is not
applicable.
2
8. Annexation of the property proposed to be annexed would not have the
effect of extending the boundary of the City of Aspen more than three miles in any
direction. Accordingly, the limitations set forth at Section 31-12-I05(e) relating to the
extension of municipal boundaries by more than three miles in anyone year is not
applicable.
9. The annexation of the property proposed to be annexed would be consistent
with the "Annexation Element to the Aspen Area Comprehensive Plan". Accordingly, the
requirement set forth at Section 31-12-105(e) relating to the requirement that a "plan" be
adopted for the property proposed to be annexed has been met.
10. In establishing the boundaries of the area to be annexed, no portion of a
platted street or alley is proposed to be annexed or the entire width of the alley or street is
proposed to be annexed. Accordingly, the limitation set forth at Section 31-12-105(f) has
been met.
11. The City of Aspen does not intend to deny reasonable access to landowners,
owner of an easement, or the owner of a franchise adjoining any street, alley, or highway,
upon annexation. Accordingly, the limitation set forth at Section 31-12-1 05(f) has been met.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
_ day of
,2007.
Michael C. Ireland, Mayor
3
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
JPW- saved: 8/7/2007-965-G:~ohn\word\resos\Sunny View Ann Res2.doc
4
March 13, 2007
P16
AUTHORIZATION LETTER
To: City of Aspen
c/o John Worcester, City Attomey
130 South Galena Street
Aspen, Colorado 81611
From: Pitkin County Board of County Commissioners
Courthouse Plaza Annex Building
530 East Main Street
Aspen, Colorado 81611
Re: Petition for Annexation
Ladies and Gentlemen:
Contemporaneous herewith, Pitkin County has executed that certain "Petition for
Annexation of Territory to the City of Aspen" providing for the annexation of certain lands
described therein into the City of Aspen pursuant to Colorado Revised Statutes 31-12-102 et seq.
and pursuant to the City of Aspen Annexation Plan of September, 2005.
Although Pitkin County is currently the owner of the lands described in the Petition for .
Annexation of Territory to the City of Aspen, Pitkin County has entered into a contract with
Mollie Gibson Holdings, LLC ("Mollie Gibson") providing for Mollie Gibson's purchase of such
lands, and providing for Mollie Gibson's right to pursue an annexation of such lands into the City
of Aspen.
Accordingly, with respect to such Petition for Annexation of Territory to the City of
Aspen, this Authorization Letter will confinn that Pitkin County, Colorado consents and
authorizes Mollie Gibson Holdings, LLC's filing, processing, circulation and publication of a
Petition for Annexation of Territory to the City of Aspen pursuant to Colorado Revised Statutes
31-12-102 et seq. and pursuant to the City of Aspen Annexation Plan of September, 2005 with
respect to the lands currently owned by Pitkin County, Colorado and as described on Exhibit A
attached hereto; provided however, that at all times Pitkin County reserves the right to
immediately revoke such consent and authorization upon delivery of written notice of such fact
to the City of Aspen at the address set forth above.
Additionally, such consent and authorization are subject to the further condition that the
City of Aspen's final approval of the annexation of such lands into the City of Aspen shall only
take effect after Pitkin County conveys title to such lands to Mollie Gibson Holdings, LLC, and
such conveyance is evidenced by a recorded duly executed and acknowledged deed confirming
the fact of such conveyance.
.
{OO06668I.POC /21
P17
Finally, Mollie Gibson Holdings, LLC shall be solely responsible for all fees and costs to
the City of Aspen with respect to this matter, and shall be solely responsible for all
representations made to the City of Aspen with respect to this matter.
By:
.
.
(OOO66681.00c/2)
PITKIN COUNTY BOARD OF COUNTY
C SSIONERS!'-
3,//!J/2007
Date I
MEMORANDUM
Vl\c)o.
TO: Mayor and Council
FROM: Trisha Nelson, P.E. Engineering Departmen<\\,J
THRU: Randy Ready, Assistant City Manager
Bentley Henderson, Assistant City Manager
Tricia Aragon, P.E. City Engineer
DATE OF MEMO: August 7, 2007
MEETING DATE: August 13,2007
RE: Construction Management
SUMMARY: In order to implement Construction Management requirements for current
construction projects, Ordinance 32-, Series of2007 - Construction Management (Attachment
A) and Ordinance33 , Series of2007 - Noise Abatement (Attachment B) shall be formally
adopted.
BACKGROUND: The Construction Management Plan Requirements Manual was adopted and
incorporated by reference in Ordinance 23, Series of 2007. City council directed staff in a work
session on July 7'h, 2007 to implement a majority of the CMP requirements to current
construction related projects.
DISCUSSION: Chapter 8.56 of the Aspen Municipal Code has been amended to clarify that the
Construction Management Plan Regulations contained therein shall become effective immediately
and the City Engineer may waive one or more specific provisions ofthe CMP Requirements
Manual (i.e. construction hours).
Chapter 18.04 of the Aspen Municipal Code has been amended to avoid contradictions and
reference Chapter 8.56 for construction related activities.
FINANCIAL IMPLICATIONS:
No financial implications exist.
ENVIRONMENTAL IMPLICATIONS: The environmental benefits of the proposed
ordinances are decreased pollution from the Aspen's construction projects. With specific
controls on traffic, emissions, soil erosion, fugitive dust, solid waste, and noise, pollution of our
air, water, peace of mind and land is reduced.
I
RECOMMENDATION: Staffrecommends that the proposed ordinances be approved by
council.
PROPOSED MOTION: I move to approve "Ordinance No.8?;-Series of200T' and "Ordinance
N033, Series of 200T'
CITY MANAGER COMMENTS:
Attachments:
A - Ordinance No. 5'-; Series of 2007 - Construction Management
B - Ordinance No. 3?,Series of 2007 - Noise Abatement
2
ORDINANCE NO. ? ~
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND CHAPTER 8.56 OF TITLE 8 OF THE ASPEN
MUNICIPAL CODE.
WHEREAS, the City Council has determined that is in the interests of the City to amend
Chapter 8.56 to clarify that the Construction Management Plan Regulations contained
therein shall become effective immediately; and
WHEREAS, the City Council has determined that the amendments to Chapter 8.56 are
necessary for the preservation of public property, health, peace and safety of the residents
and guests of the City of Aspen.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
That Chapter 8.56 of the City of Aspen Municipal Code is hereby amended to read as
follows:
CHAPTER 8.56
CONSTRUCTION MANAGEMENT
Sec.8.56.10 Adoption ofConstrnction Management Plan.
Pursuant to the powers and authority conferred by the Charter of the City of Aspen,
there is hereby adopted and incorporated herein by reference as if fully set forth
those regulations contained in the Construction Management Plan Requirements
Manual, as may be amended from time to time by the City Engineer. At least one (1)
copy of the aforementioned Manual shall be available for public inspection at the
City of Aspen Community Development Department and Engineering Department.
Sec. 8.56.20 Applicability.
The Construction Management Plan Requirements Manual, as adopted pursuant to
Section 8.56.10 shall apply to all construction and development activity within the
City of Aspen; provided, however, that the City Engineer may waive one or more
specific provisions of the Construction Management Plan Requirements Manual.
Requests for waivers and any waivers granted by the City Engineers shall be in
writing.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
ATTACHMENT A
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4:
A public hearing on the ordinance shall be held on the day of
City Council Chambers, Aspen City Hall, Aspen, Colorado.
III the
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the _ day of
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved, this _ day of
Michael C. Ireland" Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
JPW- saved: 8/7/2007-477-G:~ohn\word\ords\Chapter 8 56.doc
/.2-1..
ORDINANCE NO.::J~
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND CERTAIN SECTIONS OF TITLE 18 OF THE ASPEN
MUNICIPAL CODE.
WHEREAS, the City has adopted amendments to Chapter 8.56 of the Aspen Municipal
Code relating to Construction Management Plans; and
WHEREAS, said amendments to Chapter 8.56 contradict certain provisions of Chapter
18.04 of the Aspen Municipal Code; and
WHEREAS, the City Council desires to amend certain Sections of Chapter 18 of the Aspen
Municipal Code to avoid said contradictions in the Aspen Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
That Section 18.04.040 of the City of Aspen Municipal Code is hereby amended to read
as follows:
Sec. 18.04.040 Noises prohibited
a) General prohibitions. It shall be unlawful, with penalties provided in this Code,
Section 1.04.080, for any person to create, cause or allow the continuance of any
unreasonably loud, disturbing, unusual, frightening or unnecessary noise, which interferes
with neighboring residents' reasonable use of their properties. Such noise may include, but
is not limited to, the following:
(I) Horns and signaling devices. The intentional sounding of any horn or signaling
device of a motor vehicle on any street or public place continuously or
intermittently, except as an emergency warning device.
(2) The sounding of a security alarm for more than five (5) minutes.
(3) The repair, rebuilding or testing of any motor vehicle during nighttime.
(4) Operating or permitting the operation of any motor vehicle or motorcycle not
equipped with a muller or other device in good working order so as to effectively
prevent loud or explosive noises therefrom; operating such vehicle in a manner as to
constitute unreasonable, disturbing noise that constitutes a nuisance.
A TT ACHMENT B
(5) Dynamic braking devices (commonly referred to as Jake Brake). Operating any
motor vehicle with a dynamic braking device engaged except for the aversion of
imminent danger.
(6) Noisy parties. Congregating because of or participating in any party or
gathering of people during nighttime in such a manner as to disturb the peace.
(7) The playing of any radio, phonograph, musical instrument, outdoor speakers,
televisions or any device in such a manner as to disturb the peace off nearby persons,
particularly during nighttime.
(8) The yelling, shouting, whistling, or singing on the public streets or private
property at nighttime in such a manner as to disturb the peace.
(9) The use ofleafblowers other than electric-powered leaf blowers.
(10) Construction on Sundays in any zone district.
(11) The use or firing of explosives, firearms or similar devices which create loud
sounds.
Section 2.
That Section 18.04.050 of the City of Aspen Municipal Code is hereby repealed in its
entirety and re-enacted to read as follows:
Sec. 18.04.050 AUowed Noises based on time of day and other restrictions
Any and all activity incidental to the erection, demolition, altering, assembling, installing or
equipping of buildings, structures, roads, or other appurtenances thereto, including land
clearing, grading, excavating, filling, landscaping, use of power equipment and the delivery,
leading or unloading of materials and equipment shall comply with Chapter 8.56.
Section 3.
That Section 18.04.070 of the City of Aspen Municipal Code, relating to noise
suppression plans, is hereby repealed in its entirety.
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
A public hearing on the ordinance shall be held on the day of
City Council Chambers, Aspen City Hall, Aspen, Colorado.
III the
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the _ day of
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved, this _ day of
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
JPW- saved: 817/2007-687-G:\john\word\ords\Title 18.doc
Villa,
MEMORANDUM
TO: Mayor and City Council
FROM: Kathryn Koch, City Clerk
DATE: August 6, 2007
RE: Ordinance #31, Series of 2007 - Creating an Open Space and Trails Board
_ 2nd reading
REQUEST OF COUNCIL: Staff recommends adoption of Ordinance #31, 2007,
creating the Open Space and Trails Board on 2nd and final reading.
PREVIOUS COUNCIL ACTION: At the July 23,2007, meeting, Council adopted
Ordinance #31 on I sl reading. Council asked if one member is also on the Pitkin County
Open Space Board. Section 1 (A)(I) Qualifications contains that requirement.
See attached staff memorandum July 17, 2007.
PROPOSED MOTION: "I move to adopt Ordinance #31, Series of2007, on second
reading" .
CITY MANAGER COMMENTS:
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kathryn Koch, City Clerk
DATE:
July 17, 2007
RE:
Ordinance #31, Series of 2007 - Creating an Open Space and
Trails Board
REQUEST OF COUNCIL: Staffrecommends Council adopt on first reading the attached
Ordinance #31, which creates the Open Space and Trails board as a permanent board.
PREVIOUS COUNCIL ACTION: At a work session June 26, Council directed staff to write
an ordinance creating the Open Space and Trails Board as a permanent board.
BACKGROUND: In 2001, Council adopted Resolution #108 (attached) which created the
Open Space Acquisition Board and set a sunset date of December 2005. Also attached are the
minutes of November 26, 2001, discussing the adoption of Resolution #108 and the Open Space
Board. In November 2000, the voters passed a .5% sales tax for open space. This board was
created to make recommendations on how that money should be spent.
DISCUSSION: Over the past six years the Open Space board has negotiated and recommended
purchases such as:
Aspen Mass
Cozy Point South
Hunter Valley Way
Little Ajax
Smuggler - Wilkinson
SRA on Smuggler
Last Chance on Smuggler
Ute Mesa
35 acres
129 acres
10 acres
1 acre
170 acres
24 acres
4 acres
4 acres
2006
2005
2005
2004
2005
2006
2007
2007
The Board was instrumental in acquiring easements for trails, such as West Hopkins Trail
Phase 1; Extension of the Midland Trail through Little Ajax; Highlands Trail; Burlingame
Village Trail; Deer Hill trail to AABC negotiations; Post Office Trails Phase I & II; Castle Creek
Trail to MAA; trail alignments through Little Cloud open space.
The .5% open space sales tax does not expire until 2025 and staff feels a citizen board
would be helpful to Council in prioritizing purchases for this fund as well as negotiating
Page I of2
purchases and/or trades.. One of the duties of the Board as outlined in the ordinance is to
"establish relationships with local and regional land trusts to more effectively discharge Board
responsibilities". One of the members should be both a city and a county open space board
member. This will further conversations with Pitkin County and allow the Board to meet with
organizations like Aspen Valley Land Trust.
Council has also indicated that the Aspen Area Community Plan should be reviewed and
updated in the next several years. The Open Space Board would be important in aiding in that
revIew.
Staff believes Council's preference for a temporary board in 2001 was that the Open
Space Board not have the authority to spend the open space tax monies without Council
approval. Ordinance #31 does not give the Board that authority. Council is still final authority
on spending of open space tax revenues.
RECOMMENDED ACTION: Adopt on first reading the attached ordinance and set the public
hearing for August 13, 2007. Council could choose to have the public hearing scheduled for
August 27th, which would be after the joint work session with the Open Space Board August 14th.
ALTERNATIVES: Council could prefer to keep the Open Space Board temporary and adopt a
Resolution giving a sunset date as in Resolution #108,2001.
PROPOSED MOTION: "I move to read Ordinance #31, Series of 2007" and "I move to adopt
on first reading Ordinance #31, Series of 2001".
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachments:
Resolution #108, 2001
City Council Minutes - November 26,2001
Current Open Space Board Members
Page 2 0[2
ORDINANCE #31
(Series of 2007
AN ORDINANCE OF THE CITY COUNCIL CREATING AN OPEN SPACE AND
TRAILS BOARD, DESCRIBING THE COMPOSITION, TERM. AND
QUALIFICATIONS OF COMMISSION MEMBERS, AND THEIR POWERS AND
DUTIES
WHEREAS, the City Council created an initial Open Space Acquisition Board by
Resolution No. 108, Series of2001, and
WHEREAS, the Open Space Acquisition Board has been meeting and making
recommendations to City Council about open space purchases and trails for the past six
years, and
WHEREAS, to better reflect the mission, the Board was renamed the Open Space
and Trails Board
WHEREAS, staff and the Board recommend making this a permanent board.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That the City of Aspen Open Space and Trails Board is hereby established as
follows:
A. Qualifications: Five (5) members and one (I) alternate shall be appointed
by the City Council. The Board appointments shall be as follows:
I. One (1) shall be a member of the Pitkin County Open Space Board
and shall be a qualified elector of the City for at least one (I) year prior to the time of
appointment. Ifno member of the Pitkin County Open Space board is a qualified elector
of the City of Aspen for at least one year, or no such person desires to serve on the Aspen
Open Space Acquisition Board, then this member shall be qualified as set forth below at
subsection 2.
2. Four (4) members and one (I) alternate shall be qualified electors
of the City for at least one (I) year prior to the time of appointments.
B. Term of Office. Each member shall be appointed for a term offour (4)
years.
C. Meetings. Meetings of the Open Space Acquisition Board shall take place
at least four (4) times per annum. Meeting dates shall be set and schedule by the Board
and publicly posted.
Section 2:
That the City of Aspen Open Space and Trails Board shall have the following
powers and duties:
A. Establish priorities and criteria for Council acquisition of open space.
B. Review open space elements of comprehensive master and area plans
including the most recently adopted Aspen Area Comprehensive Plan and the City of
Aspen Greenfrastructure Plan, making recommendations to the council concerning any
open space related changes to plans.
C. Make recommendations to the City Council for the acquisition of specific
fee interests, options, easements or other interest in real property by expenditures from
the Open Space Fund.
D. Establish relationships with local and regional land trusts to more
effectively discharge Board responsibilities.
E. Conduct all meetings of the Board in an open and public setting, except
that executive sessions may be convened in accordance with state law and the Aspen
Municipal Code.
Section 3:
This Ordinance shall not affect any eXlstmg litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause phrase, or portion of this Ordinance is, for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5
A public hearing on this ordinance shall be held on the day of 2007, at a meeting
of the Aspen City council commencing at 5:00 p.m. in the City Council Chambers, Aspen
City Hall, Aspen, Colorado, seven days prior to which hearing a public notice of the same
shall be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 23m day of July, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
.::.<
RESOLUTION NO. 108
(Series of2001)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, TO CREATE AN OPEN
SPACE ACQUISITION BOARD.
WHEREAS, the City Council desires to create an Open Space Acquisition Board composed
of community members to advise. the City Council in all future open space acquisitions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That the City of Aspen Open Space Acquisition Board is hereby established as follows:
A. Qualifications. Five (5) members shall be appointed by the City Council. The Board
appointments shall be as follows:
1. One (1) shall be a member of the Pitkin County Open Space Board and shall be a
qualified elector of the City for at least one (1) year prior to the time of appointment.
If no member of the Pitkin County Open Space board is a qualified elector of the City
of Aspen for at least one year, or no such person desires to serve on the Aspen Open
Space Acquisition Board, then this member shall be qualified as set forth below at
subsection 2.
2. Four (4) shall be qualified electors of the City for at least one (1) year prior to the time
ofappointment.
B. Term of Office. Each member shall be appointed for a term of four years. The Open
Space Acquisition Board shall operate beginning in January, 2002 and sunset in
December 2005.
C. Meetings of the Open Space Acquisition BOard shall take place four times per annum.
Meetings dates shall be set and scheduled by the Board and posted publicly.
Section 2
That the City of Aspen Open Space Acquisition Board shall have the following functions
and duties:
A. Establish priorities and criteria for Council adoption for the acquisition of Open
Space.
B. Review open space elements of comprehensive master and areas plans including the
1999 Aspen Area Community Plan and the City of Aspen Green.frastructure Plan,
making recommendations to the Council concerning any open space related changes
to plans.
C. Make recommendations to the City Council for the acquisition of specific fee
interests, optionS, easements or other interest in real property by expenditures from
the Open Space Fund.
D. Establish relationships with local and regional land trusts to more effectively
discharge Board responsibilities
E. Conduct all meetings of the Board in an open and public setting, except that executive
sessions may be convened in accordance with state law and the Aspen Municipal
Code.
Section 3
That the City Manager shall designate staff to carry out the following responsibilities:
A. Implement the decisions and directives and carry out the administrative functions of
the Open Space Acquisition Board as approved by the City Council.
B. Oversee the management and the maintenance of open space lands acquired with
Open Space Funds as defined in this Chapter
C. Provide technical information on all proposed Open Space acquisitions including
physical, biological, social and other aspects of property value.
lN1RODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
26th day of November, 2001.
2
1, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
- ,
JPW-12!03/01-G:\john\wOrd\resos\openspace.doc
tj~
h, City Clerk
3
Rel!ular Meetinl!
Aspen City Council
November 26. 2001
01 Councilman Hershey said this is a difficult situation. HPC is a volunteer
board that does a lot of hard work Councilman Hershey said, however, in
this case the process seems shocking.
Councilman Hershey moved to adopt Resolution # 111, Series of 200 I ,
reversing the decision made by HPC on August 8th and to grant conceptual
and partial demolition approval for the property located at 629 West
Smuggler and to return the matter to HPC for final review; seconded by
Councilman McCabe.
Councilman McCabe said it appears the property owners tried diligently to
address the concerns of the HPC and in keeping with owner's rights to
develop the property within the allowable floor area and to make the
structure work Councilman McCabe said the application appears to meet
the criteria and the actions ofHPC appear to be capricious. Councilman
Paulson said he hopes the new HPC process will eliminate this type of
situation and by the second appearance in front ofHPC specific issues are
laid out to be met.
Mayor Klanderud said this appeal without knowing which standards the
0, project did not meet is very difficult. Councilman Semrau agreed this is
difficult because the nature ofHPC is inherently a judgment call.
Councilman Semrau said the mc seemed to be consistent in that judgment
and that the connector did not serve the goal of the guidelines. Councilman
Semrau said he does not think the applicant understood how to execute the
guidelines, which was HPC's determination.
All in favor with the exception of Councilman Semrau. Motion carried.
RESOLUTION #108. SERIES OF2001- Creation of Open Space Board
o
Jeff Woods, parks department, told Council this Board has been created to
give recommendations to Council rather than as a legal decision making
board. This board is to concern themselves with the new 1/2 cent sales tax
for purchase of open space and to choose the priorities of the
greenfrastructure as outlined in the AACP. Woods said there is a bigger
, wish list than there are resources to purchase open space. This is set up to
have one member who is a city resident as well as a member of the county
open space board and 4 city residents. This will be a recommending board
only. This board is set up to sunset in December 2005.
14
j
""'. ,,4l!
Rel!Ular Meetinl!
ASDen City Council
November 26. 2001
n
Councilman McCabe said he is not interested in making government any
bigger or adding to the bureaucracy. Counciiman Hershey agreed he is not
interested in more task forces or committees. Councilman McCabe said it is
the Council's purview to make decisions on purchasing property, and
Council makes these decisions on presentation of the facts from staff. Steve
Barwick, city manager, noted the alternative to having a board is Council
making the open space plan, prioritizing the properties and working out
financing. Councilman Hershey agreed he does not think a buffer is needed
between staff and Council on open space.
Mayor Klanderud said she fees additional citizen input is a positive thing.
Councilman Semrau said citizens with real estate expertise may bring that to
the Board. Councilman Semrau said there is very little downside to having
an open space board. Councilman Semrau said Council does not have the
time to work on the priorities and the purchases.
Councilman Semrau moved to adopt Resolution #108, Series of2001, with a
change to A(I) ifno one from the Pitkin County Open Space Board is
interested in serving on this board, a city elector will be appointed; seconded
0, by Councilman Paulson. Councilman Semrau, Paulson and Mayor
Klanderud in favor; Councilmembers Hershey and McCabe opposed.
Motion carried.
Councilman Hershey moved to suspend the rules and extend the meeting to
9:30 p.m.; seconded by Councilman Semrau. All in favor, with the
exception of Councilman McCabe. Motion carried.
Councilman Hershey moved to go into executive session at 9 p.rn. to discuss
property acquisition of Hunter Creek park, per C.R.S. 24-6-402(4)(a) and
personnel issues, per C.R.S. 24-6-402(4)(f); seconded by Councilman
McCabe. All in favor, motion carried.
Councilman Hershey moved to come out of executive session at 10: 15 p.m.;
seconded by Councilman McCabe. All in favor, motion carried.
Council scheduled a Burlingame work session for December 5 at 3 p.m.
0.
Councilman Hershey moved to adjourn at 10:25 p.m.; seconded by
Councilman Semrau. All in favor, motion carried.
15
".... .. ,'_.i.__,....'....__.._-.""."'~,':i..::."'...,.~;.::;...,,.~,.<.... ,,;~
OPEN SPACE AND TRAILS BOARD
Howie Mallory
Fred Peirce
Jesse Boyce
Arthur Ferguson
vacant
vacant, alternate
appointed
4/2002
4/2002
9/2004
7/2006
term
10/2010
10/2010
9/2008
7/2010
VIIIC
MEMORANDUM
TO:
Mayor Ireland and City Council
THRU:
Jessica Garrow, Planner J ML)
Chris Bendon, Community Development DirectortM.W)
DATE OF MEMO: August 1, 2007
FROM:
MEETING DATE: August 13, 2007
RE:
Cooper Street Pier Redevelopment, Ordinance 28 Series 2007
Due to the continuation of the Lodge at Aspen Mountain, Vacation of Dean Street, and
Smuggler Racquet Club Conceptual PUD public hearings to the August 13,2007 agenda,
Staff is requesting the Cooper Street Pier Redevelopment public hearing be continued to
City Council's August 27,2007 meeting. The Staff memo, findings, and information
requested by City Council at first reading will be provided as part of the August 27,2007
packet. Staff will be at the August 13th meeting to answer any questions related to this
continuation.
v Illd
MEMORANDUM
THRU:
Mayor Ireland and City Council
Jessica Garrow, PlannevM~
Chris Bendon, Community Development Director~
DATE OF MEMO: August 1,2007
TO:
FROM:
MEETING DATE: August 13,2007
RE:
Wienerstube Subdivision, Ordinance 29 Series 2007
Due to the continuation of the Lodge at Aspen Mountain, Vacation of Dean Street, and
Smuggler Racquet Club Conceptual PUD public hearings to the August 13,2007 agenda,
Staff is requesting the Wienerstube Subdivision public hearing be continued to City
Council's August 27, 2007 meeting. The Staff memo, findings, and information
requested by City Council at first reading will be provided as part of the August 27, 2007
packet. Staff will be at the August 13th meeting to answer any questions related to this
continuation.
VI'I e
MEMORANDUM
TO:
FROM:
RE:
Mayor Ireland and Aspen City Council
Chris Bendon, Community Development Director
The Lodge at Aspen Mountain Final PUD,
Subdivision, Growth Management Reviews, 2nd
Ordinance No.5, Series of 2007- Public Hearinl!:
{JMm
Timeshare,
Reading of
DATE OF MEMO:
MEETING DATE:
August 7, 2007
August 13,2007 (Hearing Continued from July 23, 2007)
PROJECT: The Lodge at Aspen Moul1tainFiIlal PUD
REQUEST The Council IS being asked to review and approve a Final PUD,
SUMMARY: Timeshare Development Plan, Subdivision, Multi-Year Growth
Management Allotment and Affordable Housing Outside the City
Limits. The proposal would demolish the existing Mine Dump
Apartments and one single-family residence, and redevelop the two
properties with a 125 unit, 175,000 square foot, multi-story structure for
80 hotel rooms, 21 fractional units, 4 free-market condominium units,
20 affordable housing units, 20,088 square feet of commercial space
and 254 parking spaces in two sub-grade parking garages.
ApPLICANT: Centurion Partners, LLC on behalf of Aspen Land Fund II, LLC,
represented by Vann Associates
LEGAL Block 6 of the Eames Addition and Lots 7-20, Block 11 of the Eames
DESCRIPTION: Addition (and a small triangular shaped lot described by metes and
bounds)
STAFF Staff recommends approval of the development with conditions as put
RECOMMENDA TIO forth in Ordinance No.5, Series 2007.
N:
REOUESTED INFORMATION:
On July 23fd, City Council requested the following information from staff and the
applicant:
· A comparison of total project size to the number of lodge rooms in several of the
larger hotel in the City. Attached as Exhibit A to this memo is information
prepared by staff.
-1-
· A summary of the project's employee generation and mitigation requirements.
The applicant has prepared a summary of the code-specified generation, employee
expectations based on industry standards, and a summary of the employee housing
that is being provided by the project. This is attached as Exhibit B. Staff is
recommending an additional condition for a post-occupancy employee audit. This
has been done in the past for large projects. The proposed language requires
additional mitigation for any employee generation above the stated amount in the
ordinance and enforcement provisions. Staff has rewritten Ordinance Condition
No. 17 for clarity on the mitigation requirements and to include an audit
requirement.
· A summary of the South Aspen Street snowmelt system and energy usage. This is
attached as Exhibit C. This exhibit includes a brief overview of the mechanics of
a snowmelt system.
· Council also requested some information regarding the soils on this property and
potential contamination. Initial soils reports do not demonstrate any
contamination. The site is not within an area that has been previously identified
as containing hazardous materials. However, more detailed soils studies are
required for a building permit and hazardous materials have been found on
various properties in the Aspen area. Staff has included an additional condition
requiring additional measures if hazardous materials are found. This is condition
No. 12.
Note: Staff has not reprinted the staff report from July 23rd as no changes have
been made to the project background and staff comments. Please refer to the July
23rd City Council packet. Staff can provided additional copies as necessary.
STAFF RECOMMENDATION:
Staff believes that this project provides important lodging at the base of Aspen Mountain
in a location where lodging should be located in our resort community-close to the
mountain, near the retail/restaurant and entertainment core, near transit and within a
cluster of lodging/timeshare and condominium development. Staff also feels that the
lodging proposal would provide significantly more community benefit than the residential
townhome project that has vested rights on the subject property. The project would help
replenish part of the lodging bed base that was lost of the past decade in addition to
providing for a new high speed ski lift in place ofthe existing Lift lA.
Staff finds that the project represents an exemplary project primarily for its energy
conservation plan, its attainment of over the required employee housing mitigation, its
CMP, its enhancements to the streetscape & infrastructure, and its compatibility with the
character of the uses in the area.
The Applicant has also made a considerable plan changes to address the City Council's
concerns that were expressed at the conceptual review of the project related to giving the
~
- 2-
project more interaction with the adjacent South Aspen Street by bring a significant
portion of the building east to relate better with the street. In total, Staff believes that the
application satisfies the applicable review standards and recommends that the City
Council approve the attached ordinance.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION: (All motions are made in the affirmative)
"I move to approve Ordinance No.5, Series of 2007, second reading, "The Lodge at
Aspen Mountain" Final PUD and associated land use actions."
ATTACHMENTS:
A - Summary of similar lodging projects prepared by City staff.
B - Summary of Employee Requirements prepared by the Applicant.
C - Summary of the South Aspen Street snowmelt system prepared by the
Applicant.
D - Memorandum regarding green house gas emissions prepared by City staff
(will be provided on Friday August 10th).
- 3-
ORDINANCE NO.5
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING A FINAL PLANNED UNIT DEVELOPMENT, GMQS APPROVAL
FOR A MUL TI- YEAR ALLOTMENT AND AFFORDABLE HOUSING OUTSIDE
THE CITY LIMITS, FINAL TIMESHARE, SUBDIVISION, AND
CONDOMINIUMIZATION FOR "THE LODGE AT ASPEN MOUNTAIN"
DEVELOPMENT, LEGALLY DESCRIBED AS BLOCK 6 EAMES ADDITION
AND LOTS 7-20, BLOCK 11 OF THE EAMES ADDITION AND A SMALL METES
AND BOUNDS TRIANGULARLY SHAPED LOT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
ParcelID:
2735-131-23-001 (Mine Dump Apartments)
2735-131-13-001 (Parcel with the Single-Family Residence)
WHEREAS, the Community Development Department received an application
from the Aspen Land Fund II, LLC, represented by Sunny Vann of Vann Associates,
requesting approval of the Lodge at Aspen Mountain Final Planned Unit Development,
Final Timeshare, Subdivision, Growth Management Reviews, Conditional Use, 8040
Greenline Review, and Condominiumization to construct a lodge containing eighty (80)
hotel rooms, twenty-one (21) fractional lodge units, four (4) free-market residential units,
twenty (20) on-site affordable housing units, and accessory facilities; and,
WHEREAS, City Council granted Conceptual PUD and Conceptual Timeshare
approval pursuant to City Council Resolution 69, Series of 2005 on November 28,2005;
and,
WHEREAS, the parcels subject to the application consist of a total of 104,518
square feet and is zoned Lodge with Planned Unit Development Overlay (L/PUD); and,
WHEREAS, the Community Development Department solicited and received
referral comments from the Aspen Consolidated Sanitation District, City Engineering,
Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water
Departments as a result of the Development Review Committee meeting; and,
WHEREAS, the City of Aspen I Pitkin County Housing Board forwarded a
unanimous recommendation of approval to City Council to approve the proposed
affordable housing mitigation and replacement units for the project at their meeting held
on November 15, 2006; and,
WHEREAS, during duly noticed public hearings that were opened on December
5, 2006, and continued to January 16 and then to February 6, 2007, the Planning and
Zoning Commission approved Resolution No. 03, Series of 2007, by a four to zero (4-0)
vote, recommending that City Council approve with conditions, the Lodge at Aspen
Mountain Final PUD, Final Timeshare, Subdivision, Condominiumization, and Multi-
Year & Affordable Housing Outside the City Limits Growth Management Reviews, and
approved the remaining Growth Management Reviews, Conditional Use, and 8040
Ordinance No.5. 2007
The Lodge At Aspen Mountain
Page 1
Greenline, in order to allow the construction of a lodge consisting of eighty (80) lodge
rooms, twenty-one (21) timeshare lodge units, four (4) free-market residential units, and
twenty (20) on-site affordable housing units; and,
WHEREAS, The Council finds that the applicable development review standards
are met by the proposal, provided that the conditions established herein are complied
with.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO THAT:
The City Council hereby approves The Lodge at Aspen Mountain Final Planned Unit
Development, Final Timeshare, Subdivision, Growth Management Review for
Affordable Housing Outside the City Limits, Growth Management Review for 20,088
commercial square feet including 6,583 square feet of Multi-Year Allotments, and
Condominiumization to construct a lodge containing eight (80) hotel rooms, twenty-one
(21) fractional lodge units, four (4) free-market residential units, twenty (20) on-site
affordable housing units, 20,088 square feet of commercial space, and accessory
facilities, including 254 parking spaces, with the conditions contained herein.
Section 1: Subdivision Plat, PUD Plans and Aereements
The Applicants shall record a Subdivision Plat and Subdivision Agreement that meets the
requirements of Land Use Code Section 26.480 within 180 days of approval.
Additionally, a Final PUD Plan shall be recorded in the Pitkin County Clerk and
Recorder's Office within 180 days of the final approval and shall include the following:
a. A final subdivision plat meeting the requirements of the City Engineer and
showing easements, encroachment agreements, and licenses with the
reception numbers for physical improvements and location of utility
pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A final grading and drainage plan.
e. A final utility and public infrastructure plan.
Section 2: Buildine Permit Application
The building permit application shall include the following:
a. A copy of the final recorded City Council Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit
set.
Ordinance No.5. 2007
The Lodge At Aspen Mountain
Page 2
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. Evidence that a tree removal permit has been attained pursuant to the
requirements of the City Parks Department (and Section 12, below). The
tree removal permit shall be accompanied by a detailed landscape plan
indicating which trees are to be removed and new plantings proposed on the
site.
e. A drainage plan including an erosion control plan and snow storage runoff
plan prepared by a Colorado licensed Civil Engineer which maintains
sediment and debris on site during and after construction. If a ground
recharge system is required a soil percolation report will be required to
correctly size the facility. A 5-year storm frequency should be used in
designing any drainage improvements.
f. A final construction management plan pursuant to the requirements
described in Section 4 of this ordinance.
g. An excavation/stabilization plan prepared by a licensed Engineer.
Section 3: Dimensional Requirements
The following table outlines the approved dimensions of this PUD:
"Dimensional Reauiremellt :/ DevelQ'iimenf
Minimum Lot Size 104,518 Sq. Ft. (total of both
parcels and vacated areas)
Minimum Lot Areal Dwelling Multi-Family- I bedroom per
1,000 square feet of lot area.
Lodge- No Requirement
Front Yard Setback* Parcel 1- 2.8
Parcel 2- 0.6
Side Yard Setback* Parcel 1- East Side Yard-7.4
West Side Yard- 106.2'
Parcel 2- North Side Yard- 0.5'
South Side Yard- 8.0
Rear Yard Setback* Parcel 1- 13.6
Parcel 2- 1.0
Allowable Building Height 55' maximum, in accordance with
the Height Plan ofthe recorded
PUD Plans
Required Open Space 16.2% (15,991 square feet)
Allowable FAR 1.87: I (J 74,975 square feet)
Off-Street Parking 254 Parking Spaces
* Setbacks noted in this table are the minimum approved. The Final PUD plans
shall depict and show measurements of all the primary face walls of the structures for
front, rear and side yard setbacks.
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 3
Section 4: Construction Manal!ement Plan
The Lodge at Aspen Mountain Construction Management Plan (CMP), dated February 6,
2007, and prepared by Swinerton Builders shall be included as part of this approval and
shall be implemented by the applicants and carried out throughout the project. Prior to
issuance of a building permit, the CMP shall be reviewed by the City's Construction
Management Officer and the City Engineer for completeness and applicability and found
to be acceptable to attain the City's construction management goals. The CMP shall be
amended to include provisions for increasing the level of road maintenance (provided by
the developer) during winter construction time. Such provisions and minor amendments
to the CMP as found necessary shall be approved by the City Engineer.
As part of the CMP, the developer shall agree to require all dump trucks hauling to and
from the site to cover their loads and meet the emission requirements of the Colorado
Smoking Vehicle Law. Any regulations regarding construction management that may be
adopted by the City of Aspen prior to application for a building permit for this project
shall be applicable.
A temporary encroachment license is required for use of the City right of way for
construction purposes. The Applicant shall not be allowed to close South Aspen Street
during construction except for reconstruction of the street. Street closure of South Aspen
Street concurrent with significant public events like World Cup shall be avoided to the
greatest extent possible.
The Applicant shall provide phone contact information of the on-site project management
to neighboring properties (Lift One Condominiums, the Timber Ridge Condominiums,
the Shadow Mountain Condominiums, and the South Point Condominiums) and post
such information on a sign at the construction site in full public view so that concerns
about the development may be made directly to the construction management personnel.
Section 5: Pre-Submittal Meetinl!
The Applicant shall arrange with the Community Development case planner to conduct a
pre-submission meeting with the City Community Development Staff prior to submittal
of a building permit application. This meeting shall include the applicant, the general
contractor, the architect of the construction drawings, the project planner, Community
Development Engineer, a representative of the City Building Department, City
Construction Management Officer, and the Community Development Department's case
planner.
Section 6: Fire Access aDd Mitil!ation
The bridge over Juan Street shall be at least sixteen and a half feet above Juan Street to
allow for the passage of emergency vehicles under the structure. The Applicant shall
install a fire sprinkler system and alarm system within the entire building structure as
required by the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required fire sprinkler system. The Applicant's design team shall meet
with the Fire Marshall to formulate a plan for fighting fires in the below grade parking
garage structures prior to building permit submittal.
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 4
Section 7: Water & Electric Department Requirements
The Applicant shall comply with the Holy Cross and City of Aspen Electric Department
Standards and Water System Standards, with Title 25, and with the applicable standards
of Title 8 Water Conservation and Plumbing Advisory Code of the Aspen Municipal
Code as required by the City of Aspen Water Department. The Applicant shall also enter
into a water service agreement with the City and complete a common service line
agreement for the residential units. Each residential unit shall have an individual water
meter.
Section 8: Storm Water/Drainaee Plan
The Applicant shall submit a Storm Water Drainage Plan pnor to Building Permit
submittal, that meets with the approval of the City Engineer.
Section 9: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No "clear water" connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be
installed in each of the parking garages. The driveway entrance drains shall drain to
drywells and elevator shaft drains shall drain through an oil and sand separator. One tap
to the main sanitary line is allowed for each of the buildings within the development. No
soil nails shall be allowed in the public right of way above ACSD main sewer lines. The
Applicants shall enter into a shared service line agreement with ACSD. Glycol and
snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation
District.
Section 10: Soil Stabilization
The Applicant shall install inclinometers and conduct bi-montWy monitoring for a minimum
of one spring thaw cycle before the issuance of an excavation permit. The number and
location of the inclinometers shall be reviewed and approved by the City Engineer prior to
installation. If any slope movement is identified by the bi-monthly monitoring, the project
will not be allowed to exacerbate the historic rate of slope movement during or after
construction. If the historic rate of movement is exacerbated during the construction
process, the City shall stop work on the project and require the Applicant to make such
improvements that are necessary to reduce the slope movement back to historic rates. If the
inclinometers determine that there is a historic rate of slope movement, the design shall
exhibit a global stability meeting the AASHTO requirements, which implies a minimum
factor of safety of 1.5.
In preparing soil stability reports for the property, a soil bearing grid with no more than 100
feet between test locations shall be used under the building's footprint. In areas outside of
the building's footprint, test locations shall not exceed 500 feet apart. The depth of soil
borings must exceed the elevation of the lowest footer by twenty (20) feet. Prior to the
recordation of the Subdivision/PUD plans and documents, the Applicant shall develop a
mutually acceptable agreement with the Shadow Mountain Homeowner's Association re.
slope stability provisions.
Section 11: Hazardous Soils: This site has not been previously identified as containing
hazardous soils. However, detailed soils reports shall be submitted with the Building
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 5
Permit application and if any hazardous materials are reported the applicant shall provide
the City with a mine waste testing and handling plan provided by a registered engineer or
other entity with experience in soils and hazardous waste disposal. The plan must comply
with the following conditions of approval regarding development and handling of any
hazardous or toxic soils encountered on the property unless adequate information is
provided to the Environmental Health Department indicating that certain requirements
should be waived:
a. Any disturbed soil or material containing more than 1000 ppm lead that is to be
stored above ground shall be securely contained on and covered with a non-
permeable tarp or other protective barrier approved by the Environmental Health
Department so as to prevent leaching of contaminated material onto or into the
surface soil. Disturbed soil or material may be stored onsite if the Environmental
Health Department determines that there exists a satisfactory method of disposal
at the excavation site. Disturbed soil and solid waste may be disposed of outside
of the site upon acceptance of the material at a duly licensed and authorized
receiving facility.
b. Non-removal of contaminated material. No contaminated soil or solid waste shall
be removed, placed, stored, transported or disposed of outside the boundaries of
the site without having first obtained any and all necessary disposal permits.
c. Dust suppression. All activity or development shall be accompanied by dust
suppression measures such as the application of water or other soil surfactant to
minimize the creation and release of dust and other particulates into the air and to
prevent such dust and particulates from traveling off the site.
d. Any contaminated soil or mine waste rock that is disturbed or exposed shall be
contained on the property such that runoff does not exit the property or
contaminate clean soils existing on or off the property.
e. Any contaminated soil or mine waste rock to be left on-site shall be placed under
structures, pavement or covered by a minimum of I foot of clean soil that
contains less than 1,000 ppm lead.
Section 12: Reconstruction of South Aspen Street
The Applicant shall reconstruct and install snowmelt infrastructure into South Aspen Street
for that part south of Durant A venue per the plans included in the final PUD application.
The Applicant shall form an improvement district to fund the reconstruction of the road. In
the case that the Lift One Lodge (proposed on the east side of S. Aspen Street) is approved
for construction, the improvements district will include the owners of the Lift One Lodge
and the owners of the Lodge at Aspen Mountain. If the Lift One Lodge is not approved, the
improvement district shall only include the owners of the Lodge at Aspen Mountain. The
energy to operate the snowmelt system in South Aspen Street and the maintenance of the
snowmelt system are the responsibility of the Applicant. The Applicant shall develop a road
maintenance alternative to be reviewed and approved by the Fire Marshall and Streets
Department Superintendent in the instance that the snowmelt system was to break during the
winter. The reconstruction of South Aspen Street shall be completed prior to the issuance of
a Certificate of Occupancy on the lodge.
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 6
Section 13: Landscapinl!
The proposed landscaping in the public right of way shall meet the Parks Department
standards for location, spacing, species, planting specifications, irrigation and other
applicable standards. Sidewalks shall be designed and built in a manner that reduces the
impact to existing trees and roots systems. All sidewalks located within the drip line of
trees to be saved shall be built on grade in a manner that allows for the sub-grade prep
and sidewalk to float over the roots preventing any excavation into the soil. All work in
these protection zones is to be accomplished without machines, but by handwork only.
An approved tree permit will be required before any demolition or significant property
changes take place. The tree permit must be approved prior to submission of the building
permit. Mitigation for tree removals will be paid cash in lieu or on site. The applicant
shall consult with the Deputy Director of the Parks Department in order to discuss how
tree mitigation will be handled and coordinated with Lift One, if necessary.
Section 14: Replacement of Lift IA
As represented by the Applicant, the Applicant shall provide four million dollars
($4,000,000) towards the replacement of Lift I A with a new lift. Such representation is
hereby incorporated into this approval as a condition. The new lift shall be operational prior
to the issuance of a Certificate of Occupancy on the Lodge at Aspen Mountain.
Section 15: Enerl!V Conservation
The Applicant has made representations committing to the following energy goals. Such
goals are hereby included as conditions of approval.
To use thirty percent less energy than the average measured energy use of comparable
type properties in the area for the base data (See note A).
a) To "true up," on an annual basis (sun setting in 20 years), the actual energy
consumption ofthe property, and purchase local renewable energy or carbon
offsets as necessary to cover any shortfall (See note B). The Applicant
proposes a cap on the shortfall penalty, to be negotiated.
b) If actual energy use in any given year is less than the target, a credit would
accrue to the proj ect, which could be used for sale or trade for other
projects, or carried forward for credit in future years.
c) To offset 100% of C02e emissions from any and all snowmelt installed in
the public right of way directly associated with the Lodge At Aspen
Mountain (See note B)
. Note A: All measurements to be combined electric and natural gas consumption,
including snowmelt, pools, spas, and garages. For the purpose of identifying
offsets, energy use shall be converted to pounds of C02e using City of Aspen
conversion factors.
. Note B: Purchase of offsets to be accomplished thru a variety of means, in order
of preference:
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 7
Energy or carbon-saving project(s), equal in C02e reductions to the excess
C02e emissions from the Lodge At Aspen Mountain (and verified by CORE),
directly funded and managed by the Lodge At Aspen Mountain or its agents,
Purchase of local energy or carbon offsets through a local market (CORE or
others, approved by the City of Aspen and verified by CORE, as available),
. or, if the first two options are not possible with City of Aspen approval,
Purchase of energy or carbon offsets through a public market, with minimum
criteria for the quality, additionally, and durability of offsets.
The Applicant shall, on an annual basis (sun setting in 20 years), identify and implement
ways to improve overall energy performance of the development in order to minimize
offsets. Such analysis shall be provided to the City's Canary Initiative Manager for
review.
Section 16: Off-Street Parkin!!: and the Provision of Bicvcles
The Applicant shall construct a total of 254 parking spaces within the two (2) underground
garages. 121 of the parking spaces are required parking (20 spaces shall be designated for
the affordable housing units) and 143 of the parking spaces may be leased or sold to off-site
tenants. The 50 on-street parking spaces that will be lost in the reconfiguration of South
Aspen Street are to be replaced as public parking in a parking garage to be constructed by
the proposed Lift One Lodge owners if their project is approved and built. In the event that
the proposed Lift One Lodge is not approved or is approved but completed later than the
Lodge at Aspen, 50 of the 143 excess parking spaces to be built in the Lodge at Aspen shall
be available for public parking to replace the lost 50 on-street parking spaces. This
requirement shall be in place until such time as the Lift One Lodge's parking garage has
obtained a Certificate of Occupancy or some other option is proposed and found acceptable
by the City Council.
A fleet of ten (10) bicycles shall be provided as part of the hotel and fractional ownership
operations and shall be made available to the customers without charge and stored in a
covered area.
Section 17: Emplovee Housin!!: Requirement
The Applicant shall provide affordable housing for 153 employees. This requirement is a
sum of the following requirements and commitments by the applicant:
Demolition of the Mine Dumps Apartments - The existing, prior to demolition, Mine Dumps
consisted of 16 units, 24 bedrooms and 7,722 square feet of Net Residential Area.
Demolition of these units results in a replacement requirement of 12 bedrooms and 3,861
square feet of Net Livable Area. These units must be on-site to satisfY the replacement
requirement. This equates to housing for 15 employees.
Lodge Bedrooms ~ The development of lodging generates .5 employees per bedroom. The
projects contains 160 lodging bedrooms and therefore the lodging component of the project
generates 80 employees. The City requires a minimum of 60% of the generated employees
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 8
to be provided with housing. The applicant has committed to provide housing for 70.1
employees or approximately 88% of the lodge employees using the City's generation
formula. Also see audit provision below.
Main-Level Commercial Space - Commercial space on the main level of a building in the
Lodge Zone District generates 4.1 employees per 1,000 square feet. The project contains
15,548 net leasable square feet on the main level generating 63.6 employees. The City
requires a minimum of 60% of the generated employees to be provided with housing. The
applicant has committed to provide housing for 55.7 employees or approximately 88% of
the main level commercial employees using the City's generation formula. Also see audit
provision below.
Basement-Level Commercial Space - Commercial space on the basement level of a building
in the Lodge Zone District generates 3.075 employees per 1,000 square feet. The project
contains 4,540 net leasable square feet on the basement level generating 13.9 employees.
The City requires a minimum of 60% of the generated employees to be provided with
housing. The applicant has committed to provide housing for 12.2 employees or
approximately 88%ofthe basement level commercial employees using the City's generation
formula. Also see audit provision below.
Total Employee Housing Requirement-
Mine Dumps Replacement (must be on-site) = 15 FTEs
Lodging Bedrooms = 70.1 FTEs
Main-Level Commercial = 55.7 FTEs
Basement-Level Commercial = 12.2 FTEs
Total = 153 FTEs
The required employee housing shall be provided as follows:
On-Site - Twenty (20) Category 2 affordable housing units shall be developed on the
Lodge at Aspen Mountain site. These units shall be comprised of seventeen (17) studios
and three (3) I-bedroom units. This housing accounts for 26.5 employees. This also
satisfies the on-site requirements of the replacement program.
Off-Site - At least 74.25 FTEs shall be housed within the City of Aspen in newly-built
or buy-down units. This is expected, but not required, to be at the Smuggler Affordable
Housing site. Up to 27 FTEs may be housed outside city limits but within the Urban
Growth Boundary. This is expected, but not required, to be at the Aspen Business
Center site. Mitigation for the remaining 25.25 FTEs shall be provided through newly-
built or buy-down units within the city limits or through other means as may be
approved pursuant to the City of Aspen Land Use Code.
Timing - The Applicant shall have constructed, deed-restricted, and received certificates of
occupancy on all of the off-site affordable housing units prior to the issuance of a certificate
of occupancy on the Lodge at Aspen Mountain. The on-site units shall be ready for
occupancy concurrent with the lodge.
Mine Dumps Tenants - The existing Mine Dumps unit tenants (tenants at the time of the
demolition) shall be provided a right of first refusal for the purchase of an affordable
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 9
housing unit at the off-site AH mitigation at either the Smuggler AH Project or the Aspen
Area Business Center project associated with The Lodge at Aspen Mountain. Tenants will
need to meet the qualification requirements of APCHA.
On-Site Rental Units - The on-site affordable housing units shall be in compliance with
APCHA's Employee Housing Guidelines. The Applicant shall record a deed restriction
on each of the affordable housing units at the time of recordation of the condominium
plat and prior to the issuance of a Certificate of Occupancy for the building, classifying
the units as Category 2 units. If the Applicant chooses to deed restrict the affordable
housing units as rental units, the Applicant shall convey a 1110 of one percent, undivided
interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of
a certificate of occupancy on any portion of the building.
In the event the affordable housing units are not rented in compliance with the rental
requirements of the Housing Authority's rental requirements, the Aspen/Pitkin Housing
Authority has the right to place tenants in the affordable housing units.
Employee Generation Estimates - The employee housing requirements established in this
Ordinance are based on estimates of the project's eventual actual employee needs. The
City of Aspen Land Use Code employee generation calculations predict the lodge
operation (not including the replacement housing from the mine dumps) will generate
157.5 employees. The Applicant was asked to provide an operation estimate and, using
the Columbia Hospitality Staffing Guide, predicted that 190 employees will be required
to operate the Lodge. The Applicant has committed to housing 138 lodge employees
(again, not including the 15 employees required for the replacement of the mine dumps).
This 138 employees housed commitment represents 87.6% of the employees housed
according to the Land Use Code or 72.6% employees housed according to the
Applicant's estimates.
Employee Audit -An employee audit of the Lodge at Aspen Mountain shall be conducted
after three (3) full fiscal years from the date of issuance of a Certificate of Occupancy to
verify the employee assumptions upon which this approval is granted. Terms of the
Audit:
. The Applicant shall retain an auditor who has been pre-approved by the
Aspen/Pitkin County Housing Authority Operations Manager.
· The audit shall be conducted after three (3) full fiscal years of operation and shall
account for all employees of the Lodge at Aspen Mountain project and
components thereof.
· The Applicant shall be responsible for all fees associated with the audit.
· The audit shall be provided to the Aspen/Pitkin County Housing Authority
Operations Manager.
Should the audit demonstrate that the Lodge at Aspen Mountain employs more than 190
employees estimated by the Applicant (measured as full-time equivalent employees
including payroll and non-payroll employees), the Applicant shall provide additional
deed restricted affordable housing, or cash-in-lieu thereof, to mitigate for 72.6% of the
employees above the 190 employee estimate.
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 10
Employee Audit Agreement and Enforcement - The Applicant shall provide an addendum
agreement to the Subdivision Improvement Agreement binding the Applicant, including
successors and assigns, specifying the terms of this employee audit provision. The
agreement shall include cessation of the lodge operation as the remedy for non-
compliance with this provision as may be determined pursuant to Section 26.308.010.E
of the City of Aspen Land Use Code.
Section 18: Park Development Impact Fees
Park Development Impact Fees shall be assessed at the time of building permit issuance
pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park
Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using
the fee schedule in place at the time of building permit issuance.
Section 19: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal at the time of building
permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication,
because subdivision approval is required for the development of the multi-family
residential units per the definition of subdivision in the land use code. The school lands
dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit issuance.
Section 20: Impact Fees
All impact fees in effect at the time of building permit application submittal shall be
applicable and be paid prior to the issuance of a building permit.
Section 21: Transportation Manal!:ement
The Applicant shall implement a transportation management plan aimed at reducing
vehicle trips for both guests and employees through the use of such strategies as hotel
shuttle service, bus passes for employees, carpool program, etc. Such plan shall meet
with the approval of the Transportation Department finding that the plan puts reasonable
measures in place to encourage alternatives to the use of the car.
The applicant shall work with the City Engineer to determine an appropriate traffic and
parking plan for Juan Street that is found acceptable to the City Engineer.
Section 22: Exterior Lil!:htinl!:
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting. The Applicant shall submit an exterior
lighting plan as part of the building permit submittal.
Section 23: Food Service Facilities
Food service plans meeting the requirements of the City of Aspen Environmental Health
Department shall be submitted and approved prior to serving food and prior to obtaining a
Colorado Food Service License for any of the commercial space that is to be used as
restaurant space. An oil and grease interceptor approved by the Aspen Consolidated
Sanitation District shall be installed in any space that is to be used as a restaurant.
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page II
Section 24: Portion of Dean Street Vacation
The Applicants for the Lodge at Aspen Mountain shall pursue official vacation of a
portion of the Dean Street right-of-way from the City Council for that portion of Dean
Street that has been presented as part of this PUD application. This PUD approval, while
not the official approval for the street vacation, acknowledges that the vacation is an
important component to the development of the subject property and provides benefits to
the neighbors.
Section 25: Community Benefits Representations
The Applicant has represented that they will append to the operational program of The
Lodge at Aspen Mountain, the six (6) items identified in the "Selected Community Benefits
Exhibit", as follows:
a.) one dollar ($1.00) per occupied room night will be donated to local charities every
year,
b.) discounted room nights, meeting space, spa services and food/beverage will be
provided during seasonal periods (the "off-seasons"),
c.) vocational hospitality training programs for Aspen High School students will be
provided,
d.) full time employees will be given paid time off to work on local charity causes,
e.) a national/global marketing campaign will be put in place to promote Aspen as a
destination (beyond the hotel advertising that will be conducted), and
f.) support will be provided to World Cup Events.
Section 26:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such development approvals and the same shall be complied with as
if fully set forth herein, unless amended by an authorized entity.
The Applicant has represented that they will voluntarily record a covenant and deed restrict
the use of the eighty (80) hotel rooms in the Lodge At Aspen Mountain project to hotel and
lodge room use for a period of 99 years. Such representation is hereby included as
conditions of this ordinance. The deed restriction cannot be amended or terminated without
the express written consent of the City of Aspen City Council and the owner of the hotel
unit. The covenant and commitment shall be memorialized in a deed restriction to be
recorded contemporaneously with the recording of the Subdivision/PUD Agreement for the
Lodge At Aspen Mountain project and shall be specifically set forth in the recorded
Declaration of Condominium for the project.
The Applicant has represented that the approvals for the "townhome project" for the same
site shall be vacated upon recordation of the Subdivision Improvement and Planned Unit
Development Agreement and associated plats and plans for the Lodge at Aspen Mountain
development. Such representation is hereby included as conditions of this ordinance.
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 12
Section 27:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 28:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 29:
A public hearing on this ordinance was held on March 12, 2007 and continued to March
26, April 9, May 14, June 25, July 23, and then to August 13,2007 in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 26th day of February, 2007.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved on this _ day of _, 2007.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Ordinance No.5, 2007
The Lodge At Aspen Mountain
Page 13
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EMPLOYEE GENERATION/MITIGATION ...-
Lodge at Aspen Mountain M1<- ,J A,--;fJI".,
8/8/07 B./~ .(}r- lurlri'b.
Surmnarized below is the employee generation and proposed affordable housing
mitigation for the Lodge at Aspen Mountain. The resulting figures are based on both
the City's applicable regulatory requirements and the lodge employee staffing guide
prepared by Columbia Hospitality, Inc.
I. Resident Multi-Family Replacement Requirements
A. Units/Bedrooms/Square Footage/Employees
. 8 Units/12 Bedrooms/3,860 Sq. FU15 Employees
II. Lodge Employee Generation
A. Aspen Land Use Regulations
. Lodge/Fractional Units - 80 Employees
. Commercial Uses - 77.5 Employees
. Total Employees Generated - 157.5 Employees
B. Columbia Hospitality Staffing Guide
. 190 Employees
III. Required Mitigation @ 60 Percent
A. Employee Generation/Aspen Land Use Regulations
· 94.5 Employees
B. Employee Generation/Columbia Hospitality Staffing Guide
. 114 Employees
IV. Proposed Mitigation
A. On-Site
. 20 Units/26.5 Employees
B. Off-Site
1. Aspen Airport Business Center
· 9 Units/27 Employees
2. Smuggler Racquet Club
. 32 Units/74.25 Employees
3. To Be Determined
. 25.25 Employees
C. Total Employees Housed
. 153 Employees
D. Lodge Employees Housed
· 138 Employees
Note: Total employees housed less 15 employees to be housed pursuant
to the Resident Multi-Family Replacement Program.
E. Percent Lodge Employees Housed
1. Employee Generation/Aspen Land Use Regulations
. 88 Percent
2. Employee Generation/Columbia Hospitality Staffing Guide
· 73 Percent
c: loldclbuslmisclmem44802. ahl
2
Energy discussion points: Lodge at Aspen Mountain eichibil::.. C--
David Houghton P.E. ~
Resource Engineering Group, Inc. I n.I~ - /) A.........,-A
August 7, 2007 ~7~/ ~,
e'/~.c}f ~,.;~
Question: Why are boilers still needed for this system? Why can't all the snowmelt be
done with ground-source heat pumps?
Answer: The snowmelt is a large load that peaks irregularly. It is not effective to size the
GSHP system for this irregular load. The GSHP system is sized for the consistent loads
from building heating, domestic hot water, and pool heating. The GSHP will be able to
supply some heat to the snowmelt system when capacity is available. See attached Graph.
In addition, the proposed GSHP system (approximately 300 tons capacity) comes close to
filling the available area on site for drilling vertical boreholes.
Question: How much energy will be used annually for snowmelt in South Aspen Street,
and how does compare to the energy use for the rest of the project?
Answer: The Snowmelt in South Aspen Street, at a use level similar to the Snowmass
Snowmelt Road, would be 5,120 Million Btu per year. This is amount that would be
100% offset through carbon mitigation projects or credits. By way of comparison, this
amounts to about 15% of the proposed annual energy consumption of the rest of the
project.
Question: Describe the snowmelt system arrangement.
Answer: A snowmelt system starts with hot water from a boiler, heat pump, or other
source. The water is pumped through a series of pipes embedded in the pavement, where
it gives up its heat to melt the snow. The water returns to the heat source to be reheated,
then is sent around again.
Question: Are there other possibilities for reducing the carbon impact of the snowmelt in
South Aspen Street?
Answer: There are options that are somewhat experimental, including boilers that burn
wood chips, used motor oil, agricultural wastes, vegetable oil, or biodiesel. Renewable-
fuel boilers have reduced or zero carbon emissions as they use materials that are in the
"current" carbon supply. The main challenge with these systems is the securing of an
adequate long-term fuel supply. Wood-chip boiler systems also require a substantial
amount of space for storing and transporting the fuel, usually with conveyor belts and
augers.
Another possibility is cogeneration, also called CHP or Combined Heat and Power. This
involves installing a reciprocating or turbine generator-usually burning natural gas-
and capturing the waste heat off the engine jacket while generating electricity for the
facility. The heat can then be used for whatever purpose is desired, providing very high
fuel utilization. The best cogen systems have a steady demand for heat all year long to
make use of a constantly-running generator. Typical examples include hospitals and
food-processing facilities.
VIII~
MEMORANDUM
FROM:
Mayor Ireland and Aspen City Council
Chris Bendon, Community Development Director ~Wl
TO:
DATE OF MEMO:
August 7, 2007
MEETING DATE:
August 13,2007 (cont. from July 23, 2007)
RE:
Dean Street Right-of-Way Vacation (Parcels 3 & 4 of Block 4,
Eames Addition) Public Hearing for Second Reading of
Ordinance No.24, Series of 2007
REQUEST OF COUNCIL: The request before City Council is to vacate a portion of the Dean
Street right-of-way that borders both the Timber Ridge Condominiums and the proposed Lodge
At Aspen Mountain PUD. The area of focus is shown highlighted in pink in Exhibit A. The City
Council has jurisdiction over the vacation of any public right-of-way and the process is
formalized by the adoption of an ordinance following a public hearing.
PREVIOUS COUNCIL ACTION: Portions of Dean Street (in this vicinity and further east)
have in the past, through vacation or court action, reverted to private ownership and are shown in
green in Exhibit A in the immediate area of the subject right-of-way. First reading of Ordinance
No. 24, Series of2007 was conducted on May 29,2007.
BACKGROUND: The area under consideration for vacation is land that City Council has
discussed as part of the Lodge At Aspen Mountain proposal. This pink area shown in Exhibit A
would be vacated and revert to ownership to Timber Ridge Condominiums. Normally when
right-of-way vacations are approved, the subject land is split down the middle, with adjoining
properties each taking ownership of half of the area. In this case, the Lodge At Aspen Mountain
will allow for "their share" to be transferred over to Timber Ridge. The site plan for the Lodge At
Aspen Mountain plans for the use of the proposed vacated area to be parking and landscaping for
the Timber Ridge, who historically, have used this portion of Dean Street.
DISCUSSION: This vacation proposal has been discussed as part ofthe evaluation of the Lodge
At Aspen Mountain proposal and has thus far not been an issue of City Council in terms of the
land use planning for the area. The subject vacation area is not proposed for actual development
as part of the Lodge At Aspen Mountain's development scenario, but the vacation has been
coupled by the applicant in their application as a way of clarifying the bigger picture for the
vicinity.
Page I of3
A concern that has been raised regarding this area has been by the Trainor's Landing
Homeowner's Association. Timber Ridge Condominium Association supports the vacation. (See
letters in Exhibit B.) Trainor's Landing would like to see the subject right-of-way remain public.
This area has been and continues to be used primarily by the Timber Ridge owners and visitors
for over 35 years. On occasion, this Dean Street parking area is used by the public when
attending special events in the area.
The Timber Ridge Homeowner's Association have entered into an agreement with the Lodge At
Aspen Mountain and Lift I Condos to pursue this right-of-way vacation. All three of these parties
are in favor of the vacation.
The Lodge At Aspen Mountain proposal adds public parking to the revised South Garmisch
Street and Juan Street streetscape designs to accommodate spaces lost or rearranged by the
development.
The timing of the Dean Street vacation is such that it would be linked to the PUD development
proposal of the Lodge At Aspen Mountain review process. This 2nd Reading public hearing is
being timed to coordinate with the final 2nd Reading public hearings of the Lodge At Aspen
Mountain. Such second reading would start with the June 25th City Council meeting, the date to
which the Lodge project has been continued. From this point on the two hearings (Lodge and
vacation) would track together.
The Engineering Department has no objection to the action of vacating this subject section of
Dean Street.
FINANCIALIBUDGET IMPACTS: There are no financial impacts to the City of Aspen that
would go along with the vacation of the subject portion of Dean Street. Not vacating the right-of-
way and taking on maintenance could have cost for additional operation costs of the Street
Department. The City of Aspen has not maintained this right-of-way and through the years, as the
Timber Ridge Homeowner's Association has purchased gravel, graded the parking, provided
snowplowing, and enforced parking themselves for parking. This has been a benefit to the City of
Aspen by not having the responsibility to maintain this area.
ENVIRONMENTAL IMPACTS: Parking already exists on this portion of Dean Street with a
permeable surface of dirt and gravel. Nine parking spaces currently exist and Timber Ridge does
not intend to expand the parking area or reconfigure the lot. Options for reconfiguration or
changes are limited due to large trees that delineate the usable area. The existing landscaping
(about 25 feet along the north side of the right-of-way, adjacent to the Timber Ridge building)
would be kept in place. At this time, there is no proposal for the parking area to be paved
causing the need for storm water planning for the water collected on an impervious surface. In
some ways, paving would serve to cut down on the existing dust and silt run off from the
dirt/gravel surface.
RECOMMENDED ACTION: Staff recommends that the City Council approve the vacation of
the subject right-of-way of Dean Street. The land area does not contain public utilities and the
Page 2 of3
area has for decades been out of public use other than sporadic parking associated with public
events. The Timber Ridge Condominium (100 Dean Street) identifies its frontage as Dean
Street, where its front door is located. It seems appropriate to allow the property to revert to
private ownership under these circumstances and allow for continued parking use.
ALTERNATIVES: If City Council does not want to approve the Dean Street vacation, the City
could hold onto this property, allow public use and take on responsibility for maintenance, which
comes with operational costs.
PROPOSED MOTION: "I move to approve Ordinance No. 24, Series of 2007, upon second
reading, vacating a portion of the Dean Street right-of-way as described in the ordinance."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A:
Exhibit B:
Lift One Boundary Adjustment Plat (showing proposed vacation areas)
Letters from I.) Trainor's Landing Homeowner's Association (Denis Murray,
3/26/07) and 2.) Timber Ridge Condominium Association (David Ellis, 3/20/07)
Page 3 on
ORDINANCE NO. 24
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
V ACA TE A PORTION OF DEAN STREET IN THE CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, the Aspen Land Fund II, LLC c/o Centurion Partners, LLC has petitioned the
City of Aspen to vacate a portion of Dean Street between E. Durant and Juan Streets between
Blocks 4 and 6, Eames Addition to the City of Aspen; and
WHEREAS, the right-of-ways or portions thereof proposed to be vacated are located
entirely within the corporate limits of the City of Aspen; and
WHEREAS, the Right-of-Way Vacation Plat and legal description, appended hereto as
Exhibit A has been reviewed by the Community Development Department and City Engineer and
they have made a determination that the exhibit complies in all respects with the City's Public
Rights-of-ways Vacation Policies and the land proposed to be vacated is eligible for vacation
pursuant to said policies; and
.
WHEREAS, the proposed vacation will not leave any land adjoining the same without a
means of access over an established public right-of-way connecting such lands to an established
public street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section I.
That the portion of Dean Street between E. Durant and Juan Streets, described as Parcel 3
and Parcel 4, between Blocks 4 and 6, Eames Addition to the City of Aspen, and depicted on
Exhibit A appended hereto and by this reference incorporated herein, shall be, and the same hereby
is vacated subject to the conditions set forth below.
Ord. No. 24, Series of2007,
Page 1
Section 2.
That the petitioners file a final street vacation map, suitable for recordation, with the
Community Development Department within 90 days of final approval of the vacation.
Section 3.
That ownership and title to the lands so vacated shall vest as provided in and by Section 43-
2-302. C.R.S.
Section 4.
That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record
a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder.
Section 5.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
Section 6.
That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 7.
That this ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Ord. No. 24, Series of 2007,
Page 2
A public hearing on the ordinance shall be held on June 25, 2007, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 29th day of May, 2007.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
day of
2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Ord. No. 24, Series of 2007,
Page 3
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P159
Timber Ridge Condominium Association
100 East Dean Street, 2F
Aspen, CO 81611
March 20, 2007
Aspen City C(mncil
130 S. Galena St.
A3pen, CO 81611
)'Ce: Lod.ge at Aspen Mountain .
Fiul Submission Publlc Healing
Dear Mayor and Council Member~:
This letter is being submitted for the March 26 continued. public hearing on the Lodge at
Aspen Mountain to supplement oral co=ents made at the initial March 12,2007 public
hearing.
Over t.lJ.e last several years John Sarpa and the Lodge design team have worked with
Timber Ridge to address owners' concerns about views, setbacks, parking and
landsCaping. These efforts have resulted in substantial improvements to the project and a
reducti on in the impar:ts.
The Timber Ridge Condominium Association supports the Lodge at Aspen Mountain
Final Submission, as modified, which incorporates the conditions of conceptual approval
adopted by Council. Specific conditions of approval relevant to Timber Ridge include 1)
preservation of view planes through the current arcbitectural'massing and rooflines, 2) a
site plan that provides for no east-west overlap between the multi-story portion of the
Lodge and the Timber Ridge building and 3) the vacation of the Dean St. right of way.
ill coaclusion the Timber Ridge Condominium Association urges Council to approve the
Lodge at Aspen Mountain Final Submission as presented in the current ordinance and
incorporate the vacation of the Dean Street right of way.
Yours truly,
p~t&:-
David Ellis, President
Timber Ridge Condominium Association
Exh\~\o\-1S .
_~t-1. cy(..
P160
I
3/26/07
City of ,A.spen City Council Members and Mayor
Cit"'y' Hall
13 G South Galena Street
Aspen Co.81611
De2I Mayor Klanderud and Aspen City Council Members,
This letter is on behalf of the Trainor's Landing Horneovrners Association
and the R.O. residents of the Barbee FamilyPUD.We would like to voice
our concerns in regard to the proposed Lodge at Aspen Mou..'lToin and the
negative impacts the proposOO Lodge will have on 'JUT neighborhood.
Weare apposed to the eli..-runation of as many as 25 on street parking spaces
in the three block area of Juan, Garmish, and Dea."1e Streets directly adjacent
to our subcivision. These spaces represent a large portion of th.e available
on street parking in the B parking zone where we reside.
We oppose the vacation of Deane Street as proposed by this new
development. We do not believe it is integral to the project and will not
adversely affect the project in any way if the vacation is denied.. Along with
our request for the Council to deny the vacation of De2.<"-e Street we are
asking that the developer provide an improved ;'''ltersection at the comer of
Durant and Garmish Streets. We hope to slow traffic and eliminate the
confusion that is already occurring at this intersection.
Thank: you for your conSideration of this request.
Penis Murray
President
Trainor's Landing Homeowners Association
J-/J~
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a,u,lirt 15
~K~.
MEMORANDUM
v,,, ec
TO:
Mayor Ireland and City Council
FROM:
Jessica Garrow, Planner J"',q
Chris Bendon, Community Development Director GMI11
THRU:
DATE OF MEMO: August 7, 2007
MEETING DATE: August 13, 2007 (Continued from June 26, 2007, July 9, 2007, and July 23,
2007)
RE:
Smuggler Racquet Club Conceptual PUD Public Hearing (1000 Matchless
Drive) - Conceptual PUD - Resolution No. 53 , Series 2007 - (Parcel 2737-
074-11-800)
ApPLICANT IOWNER:
Aspen Land Fund II, LLC
REPRESENTATIVE:
Sunny Vann, ofVann Associates.
LOCATION:
1000 Matchless Drive, Commonly known as the
Smuggler Racquet Club. The property is legally
described as SE Y. of Section 7, Township 10 South,
Range 84 West of the 6th Principal Meridian, Tract A
Aspen Township Addition.
CURRENT ZONING & USE
Not zoned in the City; used as a Racquet Club with a
historic structure used as a residence. Zoned R-15 in
County.
PROPOSED LAND USE & ZONING:
I. Affordable Housing, AHIPUD;
2. Recreation Club, RR.
STAFF RECOMMENDATION:
Staff Recommends approval of the Conceptual PUD.
PLANNING AND ZONING RECOMMENDATION:
The P&Z voted 5:0 recommending approval of the
Conce tual PUD.
PHOTO OF SUBJECT PROPERTY:
Photo of proposed affordable housing area
Photo of racquet club portion to be
redeveloped
G:lcitylJessicalCaseslSmuggler Racquet ClublCouncillAugus 13
ConceptuallMem08.13 _ SmugglerConceptual.doc
Page 1 of?
REQUEST OF COUNCIL: The Applicant, Aspen Land Fund (ALF), is requesting Council approve
a Conceptual PUD for the creation of affordable housing on the Smuggler Racquet Club site and for
the redevelopment of the existing tennis club. The proposed affordable housing is part of the
mitigation for the Lodge at Aspen Mountain. City Council members have received a copy of the
Original and Revised Applications in a previous packet. Please bring these to the hearing, as no
new copies are distributed with this memo.
BACKGROUND: City Council has held one Public hearing on this project, which was continued to
August 13, 2007. At the previous public hearing, Staff and the Applicant provided a background of the
site and outlined the proposed development. City Council asked a number of clarifying questions,
which Staff discusses later in this memo. The Applicant has made revisions to the site plan and unit
mix based on City Council and Public comments at the previous public hearing.
As is outlined in the Application and as was explained at the previous public hearing, Aspen Land
Fund is under contract to purchase the site from the Smuggler Racquet Club to provide Affordable
Housing mitigation for their Lodge at Aspen Mountain project. Since the last public hearing, the
Applicant has discussed the development proposal with the owners of the property, who have not
officially approved the revised site plan attached as Exhibit J. The Applicant, however, has decided to
continue the public hearing process with this revised site plan which addresses many of the concerns
articulated by Council at the last public hearing. Discussions between the Applicant and neighbors has
also influenced the new site plan. This is outlined in more detail in the "Discussion" section of this
memo.
STAFF DISCUSSION: In this memo, Staff outlines the questions and concerns raised by City
Council at the previous public hearing, discusses the revised plans from the Applicant, and discusses
the purpose of a Conceptual PUD Review.
Purpose of Conceptual PUD Review:
The intention of a Conceptual review is to discuss the initial threshold issues relating to a large
development proposal requesting a PUD Overlay, and to evaluate the suitability of a development
project on a particular parcel of land. The review enables Council, Staff, and the Public to review
proposed land uses, use mixes, access and infrastructure issues, and other threshold issues at a basic
level before a full fledged development proposal is brought forward. By identifying the issues at
Conceptual Review, the Applicant is able to address them as part of the Final PUD Application when
more specificity in unit counts, site design, architecture, and other land use issues (such as new zoning,
growth management, etc) are addressed. The Conceptual Review also allows for initial identification
of questions and concerns relating to development on any given parcel.
In this case, the Conceptual Review allows Council, Staff, and the Public the opportunity to identifY
threshold issues relating to appropriate Affordable Housing density, the most appropriate access points,
the appropriate amount of parking, and give the applicant direction on architectural and design
characteristics as well as site planning. Further, because this parcel has a unique annexation history
and environmental considerations as a former Superfund Site, the Conceptual Review provides an
opportunity to discuss these issues in depth before a refined Final Development Plan in presented.
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Council Concerns Identified Previouslv:
At the previous public hearing, City Council raised a number of issues which Staff and the Applicant
have addressed. Council requested a map illustrating the different property owners along Park Circle.
This map is attached as Exhibit I, and identifies the nine (9) adjacent property owners.
Council also raised concerns relating to the amount of parking provided on the lot, and the autocentric
nature of the site plan. The Applicant has made some adjustments to the site plan in terms of building
location (see Exhibit B), but the parking remains concentrated in the center of the lot. Part of the
reason for this is the Applicant does not own the parcel, and is working with the Smuggler Racquet
Club who does own the property. The Club as stated they do not want buildings located in the center
of the lot, which forces the buildings to the edges of the lot and places the parking in the center. The
reasons stated for this are the need for solar access to the Racquet Ball Courts. While Staff
understands these concerns, Staff agrees with Council that centralizing the parking is not the best use
of the site. However, Staff believes the autocentric feel of the parking location can be minimized with
a detailed landscaping plan, and has required one as part of the final PUD Application.
The possibility of underground parking was brought up at the previous public hearing. There are
environmental constraints on the lot which make underground parking difficult, but the Applicant is
exploring this option and will be able to answer more questions about this at the Public hearing. The
Applicant is also investigating how much parking for the Affordable Housing units could be
accommodated offsite and at the Lodge at Aspen Mountain and or a car share program. The Applicant
will be able to address this at the Public hearing.
Revised Site Plan (See Exhibit J):
The Applicant has prepared a revised site plan which includes a higher affordable housing count, a
new site plan, and a different location for the cabin than previously seen by City Council and approved
by the Historic Preservation Commission I. The new site plan proposes to move the historic cabin 102
feet to the interior of the site, while maintaining its existing orientation. The Applicant has also rotated
Building A and located it along Park Circle (where the cabin and Building B were located in previous
plans), and moved the cabin and Building B to the previous location of Building A (along the Iodine
with the Smuggler Mobile Home Park). These changes were made in response to neighbor concerns
relating to Building's A mass on the Smuggler Mobile Home Park Iodine.
Staff is not supportive of this new proposal. It relocates Building A in such a way that requires the
cabin to be relocated to the interior of the site. The cabin's location was reviewed by HPC, and was
allowed to move a short distance while maintaining its location on Park Circle to ensure its relationship
to its historic context. This proposal moves the cabin three times as far as was approved by HPC,
removing the historic context and placing the cabin in a location that is no longer visible to the general
public. If the Applicant pursues this site plan, they will be required to return to HPC to approve the
new cabin relocation.
The following are the HPC criteria for moving a Designated Property, per Section 26.415.090.C:
] The HPC approved Cabin Relocation on June 13,2007 in Resolution 24, Series 2007, attached as Exhibit F. The minutes
from this meeting are attached as Exhibit E. The cabin was permitted to move 30 feet west and 5 feet south, maintain its
original orientation and prominence on Park Circle, and the HPC was given jurisdiction over the design of the facades
facing the cabin.
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Page 3 of?
Relocation for a building, structure or object will be approved if it is determined that it meets
anyone of the following standards:
I. It is considered a non-contributing element of a historic district and its relocation will
not affect the character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on which it
is located and its relocation will not have an adverse impact on the historic district or
property; or
3. The owner has obtained a Certificate of Economic Hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method
given the character and integrity of the building, structure or object and its move
will not adversely affect the integrity of the historic district in which it was
originally located or diminish the historic, architectural or aesthetic relationships
of adjacent designated properties; and
AdditionaIlv, for approval to relocate all of the following criteria must be met:
I. It has been determined that the building, structure or object is capable of withstanding
the physical impacts of relocation; and
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair and
preservation of the building, structure or object including the provision of the necessary
financial security.
The HPC Staff has examined the revised site plan, and has made the following finding relating to the
above criteria:
Staff finds that moving the cabin to the center of the property does not meet the standards for
relocation. Relegating the cabin to a subordinate role, surrounded by new development, is not
an acceptable preservation method. It is imperative that the cabin remain visible from the right
of way in its current orientation. HPC approved moving the cabin thirty feet (30') to the west
with the condition that they place an informative marker on the site to link the cabin to the
Smuggler Mine; moving the cabin to the center of the site will compromise HPC intent to use
this cabin as an educational piece of Aspen's Mining history for the public.
This new site plan also creates a large monotonous mass along Park Circle. The cabin's location on
Park Circle helped break up the mass along Park Circle for passersby. Building A is proposed at 4
stories and Building C is proposed at 3 stories, with little variation in the massing. Staff believes the
architecture is an issue that can be addressed at Final Review, but does not support moving the cabin
any more than was approved by HPC.
Affordable Housinl!: Units:
The Applicant has made a number of changes to the Affordable Housing Units on Lot I. Most
significantly, the Applicant has increased the number of units on Lot I. Please note that this unit count
has not been approved by the Smuggler Racquet Club, owners of the property, who have yet to make a
decision on the proposal. The Applicant desires to move ahead with this unit proposal based on
concerns and questions raised by City Council. The new site plan proposes housing for 99.5 Full Time
Equivalent (FTE) employees in up to 42 units. The unit mix includes up to 86 total bedrooms with a
breakdown as follows:
I Studio unit (the historic cabin)
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15 I-bedroom units
8 2-bedroom units
18 3-bedroom units
Total Bedrooms = 86
Added to the design of the Affordable Housing Units is storage space, which was a concern raised by
City Council at the previous Public hearing. The storage units are located on the ground floor of
buildings A and C. The building floor plans are contained in Exhibit J.
In order to accommodate the larger density, Building A has now includes four (4) stories and Building
C now includes three (3) stories. Both of these buildings are located along Park Circle. Staffis
supportive of the higher unit count, but feels the architecture and massing should be changed to create
more variation in the buildings and to provide visual relief along Park Circle and for adjacent property
owners. This should be addressed in the Final PUD Application.
Parkilll!:
The parking requirements in the Land Use Code, per section 26.515.030, outline the lesser of one
parking space per bedroom, or two (2) parking spaces per unit. This means a 3-bedroom unit and a 2-
bedroom unit would each require 2 parking spaces, and a I-bedroom unit and a Studio unit would each
require I parking space. Based on the unit break down outlined above, the Code required parking is as
follows:
Studio Unit: I Space
I-bedroom units: 15 spaces
2-bedroom units: 16 spaces
3-bedroom units: 36 spaces
Total Spaces = 68
The Applicant proposed a total of 47 spaces. Seven (7) of these are "double stacked" spaces, meaning
they allow for one car to park behind (and therefore "park in") another car. While accommodating two
(2) cars, under the Land Use Code double stacked spaces only count as one (I) space. This means the
number of parking spaces proposed by the Applicant is 40 spaces. This is less than is required by the
Off-Street Parking section of Land Use Code (Section 26.515), but when a development is being
reviewed as part of a PUD, the PUD establishes the parking requirements. 2
Staff is supportive of the lower amount of provided parking because the site is located on a Bus Route,
and the Applicant will be exploring the possibility of placing a RFT A bus stop on Park circle adjacent
to the lot as part of the Final PUD Application. Further, the Applicant has begun discussions with the
Roaring Fork Vehicles Program to provide a Roaring Fork Vehicle on-site. Cars in this program are
available to the public for use, but by placing one of these cars on the Smuggler Site, it will encourage
higher use by residents and help in discouraging the use of cars. There are fees associated with the use
of the Roaring Fork Vehicles Program, including gas and mileage, so to offset these expenses the
Applicant is examining the possibility of giving money to the homeowners Association so residents of
the site could use the car for free.
2 Section 26.515.030 states that when off-street parking is "subject to establishment by adoption of a Planned Unit
Development Final Development Plan, that review shall be pursuant to Section 26.445, Planned Unit Development."
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Racquet Club Desil!:n:
There have been no changes to the proposed design of the Racquet Club. Staff is concerned with the
mass on Lot 2 and recommends it be broken up. Staff continues to find the original design (see pages
27 - 34 in the original application packet) more suited for this scale of development. In the current
design, the building is trying to look smaller than it actual is or that it can be given its use. While the
development on Lot I should fit in with the architectural vernacular of the surrounding area, the
racquet club has the opportunity to be different in style while still reflecting the use and required size
of the building. The Planning and Zoning Commission disagreed with Staff and expressed support for
the proposed design. Further, the Applicant has stated that the original design is much more expensive
than the proposed design. While Staff is sympathetic to these concerns, Staff maintains the position
that the building should be differentiated from its surroundings through the use of different materials
and a different style. Staff would like some direction from Council regarding this design and material
use.
City Departmental Reviews:
The Development Review Committee has reviewed this conceptual PUD, as has the Housing Office.
These comments are attached as Exhibits B and C respectively. Conditions of approval based on these
comments will be in the Final PUD Resolution and Ordinance.
ENVIRONMENTAL IMP ACTS: The Environmental Health Department has reviewed this
application as part of the Development Review Committee. These comments have been attached in
Exhibit B. The Environmental Health Department has determined that the most significant air quality
impact from this project results from vehicle emissions. They calculate that the development will
generate 241 additional trips per day, for a total of 34 pounds ofPM-IO per day. The Environmental
Health Department states in comments attached in Exhibit B that payment of the City's Air Quality
Impact Fee at the time of building permit will mitigate these impacts. The Applicant, however, is not
subject to these fees as they were instituted after the Application was submitted.
Further, the Environmental Health Department has recommended a connection to existing RFTA stops
as a way to encourage use of alternative transportation options. This option was also raised by the
Planning and Zoning Commission. This is an issue that requires further consultation with the Parking
and Streets Department as well as RFT A, and will be better addressed as part of the Final PUD
approvals. Section 11 of the attached Ordinance requires that a bus stop be considered and addressed
as part of the Final PUD Application.
RECOMMENDED ACTION: Staff recommends the application receive Conceptual PUD approval,
with conditions. These include maintaining the location of the cabin approved by HPC on June 13,
2007, maintaining the proposed density of affordable housing units and number of parking spaces, and
re-examining the massing and architecture at Final PUD Review. Staff is also supportive of addressing
the framing of the cabin and the consolidation and landscaping internal sidewalks as part of the
detailed landscaping plan in the Final PUD Application.
PROPOSED MOTION: "I move to adopt Resolution No. 53, Series of2007, approving the Smuggler
Racquet Club Conceptual PUD."
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CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHIBIT A - PUD Review Criteria and Staff Findings
EXHIBIT B - DRC Comments
EXHIBIT C - Housing Office Comments
EXHIBIT D - January 10, 2007 HPC Minutes - Cabin Designation
EXHIBIT E - March 13, 2007 HPC Minutes - Request to Hear Cabin Relocation
EXHIBIT F - June 13, 2007 HPC Resolution approving Cabin Relocation
EXHIBIT G - Planning and Zoning Commission Minutes, March 6, 2007 and April 3, 2007
EXHIBIT H - Planning and Zoning Commission Resolution 23, Series
EXHIBIT I - Map of Adjacent Property Owners
EXHIBIT J - Revised Site Plan dated August 8, 2007
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RESOLUTION NO. 53
(SERIES OF 2007)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS THE SMUGGLER RACQUET CLUB CONCEPTUAL PUD AT
1000 MATCHLESS DRIVE, CITY OF ASPEN, CO, PITKIN COUNTY,
COLORADO
PARCEL NO. 2737-182-02204
WHEREAS, the Community Development Department received an application
from Aspen Land Fund II, LLC, represented by Vann Associates, requesting approval of
a Conceptual PUD Development for the redevelopment of the Smuggler Racquet Club
and the development of affordable housing; and,
WHEREAS, the subject parcel was annexed into the City in 1956 with the
Hughes Addition; and,
WHEREAS, the annexation was recorded but not added to the official zoning
map; and,
WHEREAS, the subject property is approximately 202,717 sq. ft., is zoned as R-
15 in the County, but does not have existing zoning in the City; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a
Conceptual PUD, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed
public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, during a duly noticed public hearing on April 3'd, 2007, the Planning
and Zoning Commission approved Resolution No. 32, Series of 2006, by a five to zero (5-
0) vote, recommending the Aspen City Council approve a Conceptual PUD for the
Smuggler Racquet Club; and,
WHEREAS, during a duly noticed public hearing on June 25th, 2007, continued to
July 9, 2007, July 23, 2007, and August 13, 2007, the Aspen City Council approved
Resolution No. 53, Series 2007, by a _ to _ L--1 vote, approving with conditions a
Conceptual PUD for the Smuggler Racquet Club Site located at 1000 Matchless Drive,
Cit~ of Aspen, CO; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
Page I of6
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby approves a Conceptual PUD for the
development of affordable housing and the redevelopment of the Smuggler Racquet Club
at 1000 Matchless Drive, City of Aspen, subject to the Conditions contained herein.
Section 2: Final PUD Application
The Final Application shall include a detailed Landscaping Plan showing the location of
proposed trees and other landscaping improvements. The final landscaping plan shall
include HPC input as outlined in Section 3, below. A preliminary Construction
Management Plan shall also be provided as part of the Final PUD Application. The
Applicant shall also work with the Engineering Department and the Community
Development Engineer to determine the best access off of Park Circle. This location
shall be reflected in plans submitted with the Final PUD Application.
Section 3: Historic Preservation
The City Council shall consider historic designation of the cabin located on the upper
bench near Park Circle, pursuant to HPC Resolution I, Series 2007, concurrently with
their consideration of the Final PUD approval. Once designated, the cabin is subject to
regulations in Section 26.415 of the Land Use Code.
The Final PUD Application shall include the cabin relocation and shall be consistent with
the conditions of approval in HPC Resolution 24, Series 2007, passed on June 13, 2007.
HPC, Staff, and monitor shall retain purview over all facades facing the cabin, pursuant
to HPC Resolution 24, Series 2007. The Applicant shall work with staff and monitor to
determine the landscaping around the cabin, and the facades of the new development that
face the cabin prior to or concurrently with the Final PUD Review.
Section 4: Landscapine
Prior to the removal of any trees, the Applicant shall receive a tree removal permit from
the Parks Department. A vegetation protection fence shall be erected at the drip line of
each individual tree or groupings of trees remaining on site. A formal plan indicating the
location of the tree protection will be required for the building permit set. No excavation,
storage of materials, storage of construction backfill, storage of equipment, foot or
vehicle traffic allowed within the drip line of any tree remaining on site. This fence must
be inspected by the city forester or his/her designee (920-5120) before any construction
activities are to commence
Landscaping in the public right of way will be subject to landscaping in the ROW
requirements.
Page 20f6
The Applicant shall work with the Parks Department to select specific species to be
planted on-site.
As part of the Final PUD approval, the Applicant shall work with the Parks Department
to determine the appropriate location of street trees along Park Circle. This requires
adequate irrigation pressure and coverage, improvements to the soil profiles of the ROW
(amending the current soils to improve air, water filtration and increase longevity ofthe
new plantings). The parkway strip shall be a minimum of a 5-foot strip.
Section 5: Fire Mitil!:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required Fire Sprinkler System.
Section 6: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with title
25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory
Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department.
Each building shall have its own water connection with individual metering for each unit
and for each common use.
An 8-inch looped connection from the existing water line on Matchless Dr. to the existing
line on Park Circle to serve the property is required. Hydrants will be required along this
connection in accordance with the recommended placement of the Fire Marshall and in
accordance with spacing requirements contained in the Aspen Water System standards.
A single connection per building with individual metering for each unit and for each
common use is required.
Surface water flows across the site will need special attention. Including but not limited
to adjudicated irrigation rights, mine runoff and storm runoff. This shall be addressed in
the Final PUD application.
Section 7: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary
sewer system. On-site utility plans require approval by ACSD.
Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements. Below grade development may require
installation of a pumping system.
One tap is permitted for each building. Shared service line agreements may be required
where more than one unit is served by a single service line. Permanent improvements are
prohibited in sewer easements or right of ways. Landscaping plans will require approval
by ACSD where soft and hard landscaping may impact public ROW or easements to be
dedicated to the district.
All ACSD fees shall be paid prior to the issuance of a building permit.
Page 3 of6
Where additional development would produce flows that would exceed the planned
reserve capacity of the existing system (collection system and or treatment system) an
additional proportionate fee will be assessed to eliminate the downstream collection
system or treatment capacity constraint.
Where main sanitary sewer lines are required to serve this new development or the
existing publicly owned sewer system requires modification or adjustment, a line
extension request and collection system agreement are required. Easements for main
sewer lines to be dedicated to the district for future ownership and maintenance shall be
dedicated and conveyed to the district using standard district form and language.
Glycol heating and snowmelt system must be designed to prohibit and discharge of
glycol to any portion ofthe public and private sanitary sewer system. The glycol storage
areas must have approved containment facilities.
Section 8: Mine Drainal!:e
Prior to submittal of a Final PUD Application, the Applicant shall investigate the
potential for increases of flow from stored mine drainage. This shall include the potential
for substantial increases of flow from stored mine drainage in the Molly
Gibson/Smuggler/Cowenhoven Tunnel system. Documentation shall be provided as part
of the Final PUD Application.
The size of the easement area for mine drainage and any underground collection or pipe
conveyance of the mine drainage shall consider the historic quantity of discharge and the
anticipated flows.
Details of the current and anticipated condition of the mineshaft shall be provided with
the Final PUD Application.
Section 9: Smul!:l!:ler Mine Remediation
The Applicant shall comply with Ordinance No. 25, Series of 1994 regarding the
handling of any contaminated soils within the former Smuggler Superfund Site prior to
any excavation on and/or prior to the application for building permits on both lots. All
soils on the Fathering Parcel shall be considered contaminated unless determined
otherwise through testing that adheres to the protocols that were established by the
Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If,
pursuant to said testing protocols, the soils are found to be uncontaminated, the following
requirements shall not apply. However, to the extent that any contaminants are
discovered, the following requirements shall apply:
I) All contaminated soils that are removed from the site shall be transported to
the Pitkin County Landfill and disposed of at the Smuggler repository. Any
disturbed soil or material that is to be temporarily stored above ground or remain
on site shall be securely contained on and covered with a non-permeable tarp or
other protected barrier approved by the Environmental Health Department so as to
prevent leaching of contaminated material onto or into the surface soil and to
prevent windblown dust from disturbed dirt.
Page 4 of6
2) The owner and general contractor of any development on Lots I and 2 of the
South and Gibson Subdivision shall submit a letter to the City of Aspen
Environmental Health Department stating that they have read, understood, and
will comply with the regulations for handling contaminated soils within the
former Smuggler Superfund Site as set .forth in Ordinance No. 25, Series of 1994
prior to any excavation and/or issuance of building permits for the property.
3) The owner shall complete a Soil Removal Permit and Affidavit for excavation
prior to any excavation or disturbance of dirt and prior to any issuance of building
permits for the properties.
Section 10: Affordable Housin!!:
Affordable housing is provided on this site as part of the mitigation requirements for the
Lodge at Aspen Mountain. Between thirty-two (32) and forty-two (42) units shall be
provided for the Lodge at Aspen Mountain mitigation on Lot I. One (I) Affordable
Housing unit shall be provided as part of the Smuggler Racquet Club redevelopment on
Lot 2.
Affordable Housing units on Lot I shall be "for sale" and sold through the lottery system
by APCHA. The Affordable Housing unit on Lot 2 shall be "rental." Deed restriction for
all units shall be recorded at the time of the Condo Plat and prior to Certificate of
Occupancy.
If forty-two (42) units are provided, they will be broken into one (I) studio unit, fifteen
(15) one-bedroom units, eight (8) two-bedroom units, and eighteen (18) three-bedroom
units. The categories shall be determined in cooperation with APCHA as part of the
final PUD Review.
Section 11: Parkin!!: and Transit
The final PUD Application shall designate areas for snow storage in all parking areas,
and shall indicate the location of an access easement from Park Circle to Lot I. To the
extent the access easement providing access to Lot I from Park Circle eliminates
Smuggler Trail Head parking, the final PUD Application shall address how overflow
parking from the Smuggler hiking trail will be accommodated. The final PUD
Application shall address the potential for a bus stop along Park Circle near the entrance
to the proposed development.
The number of parking spaces shall be established by the Final PUD.
Section 12:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Page 5 of6
Section 13:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 14:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 15:
A public hearing on the resolution shall be held on the 25th day of June, 2007, continued to
July 9, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15)
days prior to which hearing a public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
FINALLY, adopted, passed and approved this _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
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EXHIBIT A - CONCEPTUAL PUD
Pursuant to Land Use Code section 26.445.100, All development proposed within a PUD,
unless eligible for minor review or determined eligible for a consolidated review, shall be
reviewed for Conceptual approval by the Planning and Zoning Commission and Council
and then reviewed for Final approval by the Planning and Zoning Commission and
Council. At the Conceptual level, the Planning and Zoning Commission makes a
recommendation to the City Council.
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
The development meets a number of AACP goals, including development occurring
within the Urban Growth Boundary, the development of a significant number of
affordable housing units within the city, the proximity to existing transit routes, and
the promotion of recreational facilities. Staff finds this criterion to be met.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
The proposed redevelopment of the racquet club is consistent with the existing club
on the site. The proposed affordable housing is consistent with the adjacent
properties, which include a number of affordable and free-market multi-family
residential projects. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
The parcel currently has some development on site. The property is within the
boundaries of the former Smuggler Superfund site. The parcel has gone through
remediation and will follow the adopted Institutional Controls. Staff finds this
criterion to be met.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
Growth Management Review will occur with the Final PUD review.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD as described in General Provisions, Section 26.445.040,
above. The dimensional requirements of the underlying zone district shall be used as a
guide in determining the appropriate dimensions for the PUD. During review of the
proposed dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized.
Exhibit A - PUD Review Criteria
August 13,2007
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The Applicant has proposed zoning the parcel to Rural Residential (RR) for the Racquet
Club redevelopment, and AH/PUD for the affordable housing development. Staff finds
that these proposed zone districts are appropriate at this time, and match the existing
character of uses on the site and in the area.
1. The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the property:
a. The character of, and compatibility with, existing and expected future
land uses in the surrounding area.
Affordable housing and Multi-Family projects are consistent with the existing
land uses in the area. The Centennial Affordable Housing project is located
down the street, and a high density Mobile Home park is located adjacent to
the lot. Staff finds this criterion to be met.
b. Natural or man-made hazards.
The site is included in the former Smuggler Superfund site. The Applicant
will abide by all Institutional Controls in place, and has developed a site plan
based on known hazards on-site. This will be refined in the Final PUD
application. Staff finds this criterion to be met.
c. Existing natural characteristics of the property and surrounding area
such as steep slopes, waterways, shade, and significant vegetation and
landforms.
The parcel is proposed to be subdivided based on existing topographical
features. Staff finds this criterion to be met.
d. Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
The Applicant proposes building on the existing transit route on Park Circle,
and providing possible sidewalk improvements. This fits in with the existing
development in the area, and will improve the traffic, transit, and pedestrian
circulation issues on the area. A cabin is located on the site and was reviewed
by HPC for designation and relocation. City Council will vote on designation
at the Final PUD Review. HPC approved the cabin relocation 30 feet to the
west and 5 feet to the south. If the site plan retains this location, Staff finds
the criterion to be met. If the cabin is moved any further, Staff does not find
this criterion is met.
2. The proposed dimensional requirements permit a scale, massing, and quantity
of open space and site coverage appropriate and favorable to the character of
the proposed PUD and of the surrounding area.
Staff finds that the mass on the Racquet Club portion of the lot is appropriate for a
Racquet Club use, but would like to see the architecture better reflect the large nature
Exhibit A - PUD Review Criteria
August 13,2007
G:\city\Jessica\Cases\Smuggler Racquet Club\Council\Augus 13 Conceptual\Exhibit
A PUDreview.doc
Page 2
of the building. This should be addressed as part of the Final PUD Review. The
massing and architecture of the Affordable housing should also be better addressed as
part ofthe Final PUD Review.
3. The appropriate number of off-street parking spaces shall be established based
on the following considerations:
a. The probable number of cars used by those using the proposed
development including any non-residential land uses.
The development includes a parking requirement, based on the Off-Street
parking section of the Land Use Code, of 68 spaces, for 86 bedrooms. The
amount of parking proposed on-site is 40 spaces. While this is lower than the
off-street parking requirement, Staff finds the proposal meets this review
croteria because of the site's proximity to a transit line, the possibility of
adding a bus stop adjacent tot eh site, the proximity to the commercial core,
and the possibility of participating in the Roaring Fork Vehicles Program.
Staff finds this criterion to be met.
b. The varying time periods of use, whenever joint use of common parking
is proposed.
Joint parking is not proposed for this site, but could be examined by the
Applicant. Given the grade change between the lower bench (Racquet Club)
and the upper bench (Affordable Housing), the feasibility of shared parking is
lower that if they were on the same grade, but a regarding plan could remedy
this. Staff would support shared parking, but finds this criterion is met with
out it.
c. The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
The site is located on a transit line, and the Applicant is examining the
possibility of providing a bus stop adjacent to the site. This will encourage
residents to use alternative means of transportation, rather than driving. Staff
finds this criterion to be met.
d. The proximity of the proposed development to the commercial core and
general activity centers in the city.
The site is located just outside of the Infill Area, near the core of the City,
which makes it easily accessibly by bike or walking. Staff finds this criterion
to be met.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced
Exhibit A - PUD Review Criteria
August 13, 2007
G:\city\Jessica\Cases\Smuggler Racquet Club\Council\Augus 13 Conceptual\Exhibit
A PUDreview.doc
Page 3
The Applicant is not proposing the maximum density be reduced. Staff finds this
criterion to be met.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if:
The Applicant is not proposing the maximum density be reduced. Staff finds this
criterion to be met.
6. The maximum allowable density within a PUD may be increased if there exists
a significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns
and with the site's physical constraints.
The Applicant is not proposing the maximum density be increased. Staff finds this
criterion to be met.
C. Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public
spaces, and ensures the public's health and safety. The proposed development shall
comply with the following:
1. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
Proposed Lot I includes a historic cabin that is believed to have been an Assayer's
Office associated with the Smuggler Mine. The Applicant has received approval
from HPC to designate the structure - this will be finalized as part of the Final PUD.
Staff finds this criterion to be met.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
The parcel is not large enough to enable the preservation of large tracts ofland while
accommodating the proposed land uses. Smaller areas of open space are provided on
each proposed Lot. In addition the lots are in close proximity to other areas of public
space, including Molly Gibson Park, and the Smuggler trail area. Staff finds this
criterion to not be applicable.
3. Structures are appropriately oriented to public streets, contribute to the urban
or rural context where appropriate, and provide visual interest and engagement
of vehicular and pedestrian movement.
Exhibit A - PUD Review Criteria
August 13,2007
G:\city\Jessica\Cases\Smuggler Racquet Club\Council\Augus 13 Conceptual\Exhibit
A PUDreview.doc
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The Applicant has revised the site plan to ensure the affordable housing units address
the street, as is required in the Residential design Standards. Staff finds this criterion
to be met.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
All proposed access points include appropriate emergency vehicle access. A snow
removal plan will be addressed as part of the Final PUD. Staff finds this criterion to
not be applicable.
5. Adequate pedestrian and handicapped access is provided.
The racquet club complies with all ADA requirements. The affordable housing units
will have appropriate pedestrian access to Park A venue; this will be addressed as part
ofan easement in the Final PUD application. Staff finds this criterion to be met.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
The Water Department has evaluated the potential runoff and drainage on site. The
site has a number of special considerations due to its mining history. New pipes may
be required on site. The Applicant will address these concerns with the Water
Department in the Final PUD application. Staff finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the use.
The racquet club redevelopment will allow for appropriate programmatic functions.
Staff finds this criterion to be met.
D. Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed landscape with
the visual character of the city, with surrounding parcels, and with existing and
proposedfeatures of the subject property. The proposed development shall comply with
the following:
The Applicant provided a draft landscaping plan as part of the original Conceptual
application. An updated version will be provided as part of the Final PUD Application.
1. The landscape plan exhibits a well designated treatment of exterior spaces,
preserves existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
Exhibit A - PUD Review Criteria
August 13, 2007
G:\city\Jessica\Cases\Smuggler Racquet Club\CouncillAugus 13 ConceptuallExhibit
A PUDreview.doc
Page 5
The Applicant will provide a final landscape plan in with the Final PUD. This will
ensure landscaping is consistent with adjacent land.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
The cabin located on proposed Lot I will be designated at part of the Final PUD.
Staff finds this criterion to be met.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
The Applicant will provide a final landscape plan in with the Final PUD. This will
ensure existing landscaping is preserved or mitigated for if it is to be removed.
E. Architectural Character.
1. It is the purpose of this standard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based
upon the suitability of a building for its purposes, legibility of the building's
use, the building's proposed massing, proportion, scale, orientation to public
spaces and other buildings, use of materials, and other attributes which may
significantly represent the character of the proposed development. There shall
be approved as part of the final development plan an architectural character
plan, which adequately depicts the character of the proposed development.
The Architectural Character will be addressed at Final PUD. The Applicant has made
improvements to the architecture and site layout since the original application. The
affordable housing units appropriately address the street, and include street-oriented
entrances. Staff will evaluate the design as part of the Final PUD, but find that it is
moving in the right direction since the original application.
F. Lighting.
1. The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns.
The PUD will comply with all lighting regulations in place. A more detailed plan
will be provided as part of the Final PUD.
G. Common Park, Open Space, or Recreation Area.
Exhibit A - PUD Review Criteria
August 13, 2007
G:\city\Jessica\Cases\Smuggler Racquet Club\Council\Augus 13 Conceptual\Exhibit
A PUDreview.doc
Page 6
If the proposed development includes a common park, open space, or recreation area
for the mutual benefit of all development in the proposed PUD, the following criteria
shall be met:
There are no common spaces proposed as part of this application.
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development,
considering existing and proposed structures and natural landscape features of
the property, provides visual relief to the property's built form, and is available
to the mutual benefit of the various land uses and property users of the PUD.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit
owner within the PUD or ownership is proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial,
or industrial development.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue
burden on the City's infrastructure capabilities and that the public does not incur an
unjustified financial burden. The proposed utilities and public facilities associated with
the development shall comply with thefollowing:
1. Adequate public infrastructure facilities exist to accommodate the development.
The Water, Sanitation, and Electric Departments reviewed this application and
determined there is adequate service for this development. This will be addressed in
greater detail at Final PUD.
2. Adverse impacts on public infrastructure by the development will be mitigated
by the necessary improvements at the sole cost of the developer.
At this time no adverse impacts are anticipated. This will be addressed in greater
detail at Final PUD.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
addliionalimprovement
This criterion will be addressed at Final PUD when a finalized site plan and
associated materials are available for City Departments to review.
1. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications)
Exhibit A - PUD Review Criteria
August 13, 2007
G:\cityVessica\Cases\Smuggler Racquet Club\Council\Augus 13 Conceptual\Exhibit
A PUDreview.doc
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The purpose of this standard is to ensure the development is easily accessible, does not
unduly burden the surrounding road network, provides adequate pedestrian and
recreational trail facilities and minimizes the use of security gates. The proposed access
and circulation of the development shall meet the following criteria:
1. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through an approved private road, a pedestrian
way, or other area dedicated to public or private use.
The redevelopment of the racquet club will use the same access as is currently
enjoyed by the club. Staff finds this criterion to be met for this portion of the
application.
The affordable housing units do not have direct access to Park A venue. An easement
agreement will need to be worked out with the City during Final PUD review.
2. The proposed development, vehicular access points, and parking arrangement
do not create traffic congestion on the roads surrounding the proposed
development, or such surrounding roads are proposed to be improved to
accommodate the development.
The redevelopment of the racquet club will use the same access as is currently
enjoyed by the club. Staff finds this criterion to be met for this portion of the
application.
The affordable housing units do not have direct access to Park Avenue. An easement
agreement will need to be worked out with the City during Final PUD review.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate access to
significant public lands and the rivers are provided through dedicated public
trail easements and are proposed for appropriate improvements and
maintenance.
The proposed development will not result in any changes to the existing Trail
easements. Staff finds this criterion to be met.
4. The recommendations of the Aspen Area Community Plan and adopted specific
plans regarding recreational trails, pedestrian and bicycle paths, and
transportation are proposed to be implemented in an appropriate manner.
The proposed development is along a corridor with existing RFT A service. As part
of the Final PUD a more developed transportation plan with be established, with the
possibility of a new RFT A bus stop adjacent to the affordable housing units. Staff
finds this criterion to be met.
Exhibit A - PUD Review Criteria
August 13, 2007
G:\city\Jessica\Cases\Smuggler Racquet Club\Council\Augus 13 ConceptuallExhibit
A PUDreview.doc
Page 8
5. Streets in the PUD which are proposed or recommended to be retained under
private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access.
Access to the affordable housing units will be achieved through an access easement
over city owned property. This is an issue that will be addressed at the Final PUD.
Staff finds this criterion to be met.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for
lots within the PUD, are minimized to the extent practical.
The streets within the PUD are not gated and do not include any entryway
expressions. Staff finds this criterion to be met.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not create an
unnecessary burden on the public or surrounding property owners and impacts of an
individual phase are mitigated adequately. If phasing of the development plan is
proposed, each phase shall be defined in the adoptedfinal PUD development plan.
This will be dealt with at Final PUD. Staff finds this criterion does not apply at
Conceptual.
Exhibit A - PUD Review Criteria
August 13, 2007
G:\cityIJessica\Cases\Smuggler Racquet Club\CouncillAugus 13 ConceptuallExhibit
A PUDreview.doc
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MEMORANDUM
To: Development Review Committee
From: Alex Evonitz, Com. Dev. Engineer
Date: September 13, 2006
Re: Smuggler Racquet Club Conceptual PUD and Affordable Housing
Development
The Development Review Committee (DRC) has been asked to review the
proposed Smuggler Racquet Club Conceptual PUD and construction of
affordable housing units along Park Circle at the September 13. 2006 meeting.
The DRC has compiled the following comments:
Attendees; Alex Evonitz. Com. Dev. Eng.; Jessica Garrow, City Planner; Aaron
Reed, Engineering; Phil Overeynder, Public Works; Todd Grange. City Zoning;
Denis Murray, City Building; Ed Van Walraven, AFPD; Stephen Ellsperman, City
Parks; John Sarpa, Centurion Partners, LLC; Sunny Vann, Vann Assoc.; K. Weil,
Poss Architecture.
Building Department - Denis Murray;
. Two exists are required from the lower tennis courts.
. All exits from the racquet club need to be sized for the structures being
used for assembly.
. The project will be subject to review based on the current IBC.
. Efficient building review will be applied to the structures on the project.
. Based on the plans included the AHU's seem appropriate.
. Curb and gutter review needs further review when more details are
available.
Fire Protection District - Ed VanWalraven;
. Sprinklers for life safety are required.
. Alarm systems need to be included in the project.
Engineering Department - Aaron Reed;
. There have been significant neighbor issues in the project area. A big
effort will need to be undertaken to keep the public informed during the
review and construction phases of any project in this area.
Parks - Steve Ellsperman;
. Landscape plan is very important for consistency with the surroundings.
Vegetation lists are available from the Parks Office.
Exhibit B, Smuggler Racquet Club Conceptual PUD
G:lcitylJessicalCaseslSmuggler Racquet ClublCouncillExhibit B_9-13-06 smuggler
racquet club PUD.doc
Page I of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
. Erosion control measures need to be best management practices.
. Tree Removal: An approved tree permit is required for any future tree
removals. An approved tree permit requires a proposed landscape plan
identifying trees for removal and means and schedule for mitigation.
Please contact the City Forester for more information 920-5120. The tree
permit must be approved prior to an approved demo permit.
. Tree Protection: A vegetation protection fence shall be erected at the
drip line of each individual tree or groupings of trees remaining on site. A
formal plan indicatina the location of the tree protection will be reauired
for the blda permit set. No excavation, storage of materials. storage of
construction backfill, storage of equipment, foot or vehicle traffic allowed
within the drip line of any tree remaining on site. This fence must be
inspected by the city forester or his/her designee (920-5120) before any
construction activities are to commence
· Landscapina and Sidewalk landscaped area: Landscaping in the public
right of way will be subject to landscaping in the ROW requirements.
. Parks would like to assist in species selection, possible
recommendations: Ash. Maples, Fruitless Crabapples or Box Elders.
. Plant street trees 14' to 15' centers.
. This requires adequate irrigation pressure and coverage,
improvements to the soil profiles of the ROW (amending the current
soils to improve air, water filtration and increase longevity of the
new plantings).
. The parkway strip should be a minimum of a 5-foot strip.
. Surface water flows across the site will need special attention.
Including but not limited to adjudicated irrigation rights, mine runoff
and storm runoff.
. It appears from the plans that plantings are to close to the
proposed structures.
. Overflow parking from the Smuggler hiking trail lot is currently an
issue and needs to be addressed adjacent to this project.
Community Development Engineer - Alex Evonitz;
. The normal requirements for permit application will be required.
. Excavation shoring will likely be necessary to protect adjacent structures
and landscaping and utilities.
. Details of the current and anticipated condition of the mineshaft need to
be provided. This would be preferred before the time of building permits
application if possible.
. The project site is large enough that consideration to providing onsite
detention is preferred verses wet well development.
. Preferred access to the AHU portion of the project would be directly
across from Nicholas Lane.
Aspen Consolidated Waste District- Tom Bracewell;
. Service is contingent upon compliance with the District's rules, regulations,
and specifications, which are on file at the District office.
Page 2 of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
. ACSD will review the approved Drainage plans to assure that clear water
connections [roof, foundation, perimeter, patio drains) are not connected
to the sanitary sewer system.
. On-site utility plans require approval by ACSD.
. Old service lines must be excavated and abandoned at the main sanitary
sewer line according to specific ACSD requirements.
. Below grade development may require installation of a pumping system.
. One tap is allowed for each building. Shared service line agreements may
be required where more than one unit is served by a single service line.
. Permanent improvements are prohibited in sewer easements or right of
ways. Landscaping plans will require approval by ACSD where soft and
hard landscaping may impact public ROW or easements to be
dedicated to the district.
. All ACSD fees must be paid prior to the issuance of a building permit. Peg
in our office can develop an estimate for this project once detailed plans
have been made available to the district.
. Where additional development would produce flows that would exceed
the planned reserve capacity of the existing system (collection system
and or treatment system) an additional proportionate fee will be assessed
to eliminate the downstream collection system or treatment capacity
constraint. Additional proportionate fees would be collected over time
from all development in the area of concern in order to fund the
improvements needed.
. Where main sanitary sewer lines are required to serve this new
development or the existing publicly owned sewer system requires
modification or adjustment, a line extension request and collection system
agreement are required. Both are ACSD Board of Director's action items.
. Applicant will be required to deposit funds with the district for construction
costs, engineering fees, construction observation fees, and fees to clean
and televise the new main sewer line extension into the project.
. The Applicant will be required to pay 40% of the estimated tap fees for the
anticipated building stubouts prior to building permit.
. Easements for main sewer lines to be dedicated to the district for future
ownership and maintenance shall be dedicated and conveyed to the
district using standard district form and language.
. Glycol heating and snowmelt system must be designed to prohibit and
discharge of glycol to any portion of the public and private sanitary sewer
system. The glycol storage areas must have approved containment
facilities.
The district will be able to respond with more specific comments and
requirements once detailed building and utility plans are available.
Housing Office - No Attendance
Parking - No Attendance
Asset Management - No Attendance
Zoning - Todd Grange;
Page 3 of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
. Please confirm that the storage units for the AHU's are sized correctly.
. Need to confirm that no food service will be provided at the racquet club
facility.
. Whether or not FAR calc's apply for the indoor tennis courts needs to be
researched.
Environmental Health - Jannette Murison;
. AIR QUALITY: "It is the purpose of [the air quality section of the Municipal
Code 13.08] to achieve the maximum practical degree of air purity
possible by requiring the use of all available practical methods and
techniques to control, prevent and reduce air pollution throughout the
city..."The Land Use Regulations (Chapter 26 of the Municipal Code) seek
to "lessen congestion" and "avoid transportation demands that cannot be
met" as well as to "provide clean air by protecting the natural air sheds
and reducing pollutants".
. The land use code states that the density of a PUD may be reduced if the
proposed development will have a pernicious [negative] effect on air
quality in the surrounding area and the City.
· The major air quality impact is the emissions resulting from the traffic
generated by this project. Using standard Institute of Traffic Engineers Trip
Generation Rates, this development will generate 241 additional trips per
day, and 34 pounds of PM-l 0 per day.
Thus the size of this development will have a pernicious (negative) effect on the air
quality if significant mitigation measure were not implemented.
. To ensure that the development does not have a pernicious effect on air
quality in the surrounding area and the City of Aspen, the Environmental
Health Department recommends that the following PM-10 mitigation
measures be implemented:
. Pay the City of Aspen's Air Quality Impact Fee (if in place by building
permit submittal).
. Other recommended measures include:
Provide off.slte car storage to account for the additional spaces (if required by
City Council),
. Sell the units with only one parking space per unit,
. Add sidewalk along property to connect to RFTA bus stop,
. Active participation in the City's Transportation Options Program (TOP) by
the Homeowner's Association, and
. Provide covered and secure bike storage.
. An alternative for mitigation is that the applicant:
Contribute to RFTA for additional buses and service (cash in lieu).
The City of Aspen Environmental Health Department has reviewed the land use
submittal under authority of the Municipal Code of the City of Aspen, and has the
following comments and reminders:
. ASBESTOS: Prior to remodel, expansion or demolition of any public or
commercial building. including removal of drywall. carpet, tile. etc.. the
state must be notified and a person licensed by the state to do asbestos
inspections must do an inspection. The Building Department cannot sign
any building permits until they get this report. If there is no asbestos. the
Page 4 of 8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
demolition can proceed. If asbestos is present, a licensed asbestos
removal contractor must remove it.
o ENGINE IDLING: The applicant is reminded for the construction phase of
the project that per municipal code section 13.08.110 it is unlawful for any
person to idle or permit the idling of the motor of any stationary motor
vehicle for a prolonged or unreasonable period of time determined
herein to be five (5) minutes or more within anyone (1) hour period of
time.
o FIREPLACE/WOODSTOVE PERMITS: The applicant must file a
fireplace/woodstove permit with the Building Department before the
building permit will be issued. In the City of Aspen, buildings may have two
gas log fireplaces or two certified wood stoves (or 1 of each) and
unlimited numbers of decorative gas fireplace appliances per building.
New homes may NOT have wood burning fireplaces, nor may any
heating device use coal as fuel.
o FUGITIVE DUST: Any development must irnplernent adequate dust control
measures.
o A fugitive dust control plan is required as part of the applicants erosion
control plan. A fugitive dust control plan may include, but is not limited to
fencing, watering of haul roads and disturbed areas, daily cleaning of
adjacent paved roads to remove rnud that has been carried out, speed
limits. or other measures necessary to prevent windblown dust from crossing
the property line or causing a nuisance.
A fugitive dust control plan must be submitted to the Colorado Department of
Public Health and Environment, Air Quality Control Division if this project will last
greater than 6 months.
o NOISE ABATEMENT: Section 18-04-01 'The city council finds and declares
that noise is a significant source of environmental pollution that represents
a present and increasing threat to the public peace and to the health,
safety and welfare of the residents of the City of Aspen and to its visitors.
Noise has an adverse effect on the psychological and physiological well
being of persons, thus constituting a present danger to the economic and
aesthetic well-being of the community. "
o During construction, noise cannot exceed maximum permissible sound level
standards, and construction cannot be done except between the hours of
7 am and 7 pm, Monday thru Saturday. Construction is not allowed on
Sundays.
o It is very likely that noise generated during the construction phase of this
project will have some negative impact on the neighborhood. The
applicant should be aware of this and take measures to minimize the
predicted high noise levels.
A construction noise suppression pion must be submitted to the City of Aspen
Environmental Health Department if the construction of this project will create noise
greater than 80 decibels.
o TRASH STORAGE AREA: The applicant should make sure that the trash
storage area has adequate wildlife protection. We recommend recvclino
containers be present wherever trash compactors or dumpsters are
Page 5 of 8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
located due to the Citv of Aspen's new Waste Reduction Ordinance.
Chapter 12.06.
The applicant Is advised that with the new Waste Reduction Ordinance recycling
services will be included with any trash hauling service contracted during
construction. It is important that the applicant plan for adequate space for
recycling during the construction of the project. Recycling services will include
the following recyclable material; Cardboard, Co-mingled [plastic bottles,
aluminum, steel cans and glass bottles), Newspaper and Office Paper.
. A total of at least 20-27* square feet of the utility/trash service area is
recommended for recycling facilities.
. One 90-gallon toter = 2"x2.5" (5sq. ft.). Need one for each: co-mingled.
office paper, newspaper = 15sq. ft. Cardboard - At minimum could use a
toter = 5sq. ft and at most need a cardboard dumpster = 12sq.ft (3"x4").
Can have required space reduced in a review if can prove use of a
cardboard shelf = Osq.ft
. FOOD SERVICE FACILITIES: Section 10-401 of the Rules and Regulations
Governing the Sanitation of Food Service Establishments in the State of
Colorado requires a review of plans and specifications by this
Department. The Department shall be consulted before preparation of
plans and specifications. The Aspen Consolidated Sanitation District must
be contacted for their recommendation on the proper size of the grease
trap. Restaurant grills are regulated by the City of Aspen and the
applicant should contact this Department to be it is in compliance
. The applicant should be aware that approval of both plans and
specifications is required before the building permit is approved. A
minimum of two weeks is necessary for the Environmental Health
Department to review and approve plans. Also, final approval from this
Department is necessary before opening for business and prior to issuance
of a Colorado Food Service License.
The applicant's floor plans indicate a kitchen. A business plan and menu must
be submitted to the Aspen Environmental Health Department prior to the Building
Permit Submittcil to determine if their food service meets the licensing
requirements of the State.
Public Works / Water / Electric - Phil Overeynder;
. The process for provision of water service differs substantially between
areas that are within the City corporate boundaries and outside the City
limits. I previously understood that the subject property was in the County
and wished to receive City water service through an extra-territorial
water service agreement. This understanding was based on the City
zoning maps, which showed the property in the County. It is also
supported by a "Contract for Water Service" executed in July, 1966.
providing for extension of water service to the Tennis Club as a user
outside of the City of Aspen. The application includes evidence that
requests a determination by the City that the property was annexed in
1950. If this position is accepted. water service can be accommodated
without a water service agreement. If it is determined that the property
was not previously annexed, a water service agreement (enacted
Page 6 of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
through an ordinance in compliance with the Aspen City Charter) will be
required before extension of water service to the proposed
development. Altemately, the property could go through the annexation
process. In either of the latter cases, different conditions and costs for
connection to the water system would apply in the event that the
property is not currently annexed to the City.
. Jay Hammond's letter (Exhibit 2 of the application) correctly states the
requirements for the water line extension to provide potable water
service to the property, In summary an 8-inch looped connection from
the existing line on Matchless Dr. to the existing line on Park Circle would
be required to serve the property is required. Hydrants would be required
along this connection in accordance with the recommended placement
of the Fire Marshall and in accordance with spacing requirements
contained in the Aspen Water System standards.
. The water service requirements for the individual proposed buildings is
also correctly stated in Exhibit 2. In summary, a single connection per
building with individual metering required for each unit and for each
common use (mechanical room, etc.) would satisfy Aspen Water
Department standards.
Irrigation Water
. The Aspen Water Department owns the rights to the Anthony Well and
would like to pursue the option of providing untreated water for irrigation
of the proposed common landscaped area with this water. The existing
well, located on an adjoining parcel. is presently in the process of being
abandoned, but Aspen will retain the water rights. If the developer
selects this option, it is anticipated that a new well would be drilled at the
owner's expense and Aspen would lease the water rights under a raw
water lease agreement under terms available to raw water system users.
Reduced tap fees as well as reduced monthly operating costs may make
this option economically attractive relative to irrigation with potable
water.
Streets
. Designated areas for snow storage need to be delineated for each of
the proposed parking areas. No removal of snow into the public right of
way will be permitted.
Mine Drainage Concerns
. Page 5 of the application states that additional investigations will be
conducted regarding the impact of sub-surface mine workings on the
proposed development. These investigations should include the potential
for substantial increases of flow from stored mine drainage in the Molly
Gibson/Smuggler/Cowenhoven Tunnel system. Mine water may (now or
in the future) be building up in storage at higher elevations as a result
of developing blockages at historic drainage points and stored water
could be discharged instantaneously and under pressure through the
Molly Gibson Mine Shaft on the property.
Page7of8
Exhibit B,
Smuggler Racquet Club Conceptual PUD
. The adequacy of sizing of the easement area and any underground
collection or pipe conveyance of the mine drainage should consider not
only the historic quantity of discharge, but the maximum anticipated
flow from the mine
Page8of8
MEMORANDUM
TO:
Jessica Garrow
FROM:
Cindy Christensen, Operations Manager - Housing
DATE:
October 4,2006
RE:
SMUGGLER RACQUET CLUB CONCEPTUAL PUD
Parcel ID No. 2737-074-11-800
ISSUE: The applicant is requesting approval for the development of a deed-restricted affordable
housing project and a new tennis facility on the Smuggler Racquet Club property.
BACKGROUND: The proposed development is a 100% deed-restricted affordable housing project
that will be constructed on an essentially vacant portion ofthe project site and the current Smuggler
Racquet Club will be demolished and replaced with a new clubhouse and courts and an upgraded
tennis facility. The affordable housing units are to be used as partial mitigation for the applicant's
proposed Aspen Mountain Lodge project that is adjacent to South Aspen Street near the base of
Aspen Mountain.
The applicant is proposing to rezone Lot I to AH/PUD. This zone district allows for a free-market
component, but the applicant is proposing no such component. The lot will contain six separate
two-story structures containing a total of 32 employee-housing units. Four of the structures will
each contain four I-bedroom units and two 2-bedroom units. The remaining structures will each
contain four 3-bedroom units. The resulting employee housing unit mix will be as follows:
16
8
8
I-bedrooms
2-bedrooms
3-bedrooms
725 net livable square feet
1,053 net livable square feet
1,166 net livable square feet
The minimum square footages establishing categories is stated below:
Unit Tvpe
Studio
1 Bedroom
2 Bedroom
3 Bedroom
Single-Family Detached
Categories 1 & 2
Sauare Feet
400
600
850
1,000
1,100
Categories 3 & 4
Square Feet
500
700
950
1,200
1,400
Categories 5 & 6
Square Feet
600
800
1,000
1,300
1,700
Category 7
Sauare Feet
700
900
1,100
1,400
1,900
Exhibit C, Smuggler Racquet Club Conceptial PUD
G:\city\Jessica\Cases\Smuggler Racquet Club\Council\Exhibit C_HousingRec_smuggler racquet
club.doc
Page I of3
The units will be condominiumized and sold to qualified purchasers. The applicant states that the
categories will be determined in cooperation with APCHA as part of the conceptual PUD review
process. Staff would recommend the following:
One-Bedrooms
Two-Bedrooms
Three-Bedrooms
10 at Category 2
4 at Category 3
2 at Category 2
6 at Category 3
4 at Category 4
2 at Category 3
4 at Category 4
Although the three-bedrooms are 34 square feet smaller than the minimum square footage allowed
as stated in the Guidelines, due to the location of the project and the additional storage, the units can
be 20% less than the minimum requirements. Staff would still recommend most of the units as
Category 3 and Category 4. Each unit will contain a kitchen, ample closet space, a washer and
dryer, an outdoor deck or on-grade patio, and an external storage area. Parking for the employee
housing units will be provided in an internal surface parking lot. A total of 38 spaces are being
proposed which equates to one space per unit. The requirement is 56 spaces, or one space per
bedroom. A variation will be requested in the number of required parking spaces.
Lot 2 will contain a new clubhouse, reconfigured tennis courts (with two of the courts located in an
enclosed structure). The new structure will contain a new office, locker rooms, multi-purpose,
living and storage rooms, a small workout area and laundry facility, and a two-bedroom employee-
housing unit for a on-site manager. The Racquet Club is a non-profit entity that is not subject to
growth management. As stated in the Pre-Application Conference Summary, the proposal requires
a growth management review for the development of the employee housing. The applicant is
proposing to zone Lot 2 as Rural Residential for the proposed tennis court parcel. This specific unit
will be approximately 1,152 square feet of net livable area and deed-restricted to Category 4 income
and occupancy guidelines.
RECOMMENDATION: The Housing Board approved the application with the recommended
categories as stated above and with the following conditions; however, during final plat approval,
the Board would be willing to readdress the categories if so requested by the applicant:
I. At least one parking space should be allocated and reserved for each unit.
2. The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior
to Certificate of Occupancy, along with the Manager's rental unit on Lot 2.
3. APCHA or the applicant shall structure a deed restriction for the unit located on Lot 2
such that IIlOth of I percent of that specific unit is deed restricted in perpetuity to the
Exhibit C, Smuggler Racquet Club Conceptial PUD
G:\city\Jessica\Cases\Smuggler Racquet Club\Council\Exhibit C_HousingRec_smuggler racquet
club.doc
Page 2 of3
Aspen/Pitkin County Housing Authority; or the applicant may propose any other means
that the Housing Authority determines acceptable.
4. All units located on Lot I shall be sold through the lottery system by APCHA.
5. This project of 32 units will mitigate for a total of 70 FTE's, broken down as follows, for
the partial mitigation requirement for the development of the Aspen Mountain Lodge
project:
16 One-Bedrooms
8 Two-Bedrooms
8 Three-Bedrooms
10 X 1.75 employees = 28 FTE's
8 X 2.25 employees = 18 FTE's
8 X 3 employees = 24 FTE's
Exhibit C, Smuggler Racquet Club Conceptial PUD
G:\city\Jessica\Cases\Smuggler Racquet Club\Council\Exhibit C _ HousingRec _smuggler racquet
club.doc
Page 3 of3
RESOLUTION NO. 53
(SERIES OF 2007)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS THE SMUGGLER RACQUET CLUB CONCEPTUAL PUD AT
1000 MATCHLESS DRIVE, CITY OF ASPEN, CO, PITKIN COUNTY,
COLORADO
PARCEL NO. 2737-182-02204
WHEREAS, the Community Development Department received an application
from Aspen Land Fund 11, LLC, represented by Vann Associates, requesting approval of
a Conceptual PUD Development for the redevelopment of the Smuggler Racquet Club
and the development of affordable housing; and,
WHEREAS, the subject parcel was annexed into the City in 1956 with the
Hughes Addition; and,
WHEREAS, the annexation was recorded but not added to the official zoning
map; and,
WHEREAS, the subject property is approximately 202,717 sq. ft., is zoned as R-
15 in the County, but does not have existing zoning in the City; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a
Conceptual PUD, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed
public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, during a duly noticed public hearing on April 3rd, 2007, the Planning
and Zoning Commission approved Resolution No. 32, Series of 2006, by a five to zero (5-
0) vote, recommending the Aspen City Council approve a Conceptual PUD for the
Smuggler Racquet Club; and,
WHEREAS, during a duly noticed public hearing on June 25th, 2007, continued to
July 9, 2007, July 23, 2007, and August 13, 2007, the Aspen City Council approved
Resolution No. 53, Series 2007, by a _ to _ L-~ vote, approving with conditions a
Conceptual PUD for the Smuggler Racquet Club Site located at 1000 Matchless Drive,
City of Aspen, CO; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
Page I of6
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby approves a Conceptual PUD for the
development of affordable housing and the redevelopment of the Smuggler Racquet Club
at 1000 Matchless Drive, City of Aspen, subject to the Conditions contained herein.
Section 2: Final PUD Application
The Final Application shall include a detailed Landscaping Plan showing the location of
proposed trees and other landscaping improvements. The final landscaping plan shall
include HPC input as outlined in Section 3, below. A preliminary Construction
Management Plan shall also be provided as part of the Final PUD Application. The
Applicant shall also work with the Engineering Department and the Community
Development Engineer to determine the best access off of Park Circle. This location
shall be reflected in plans submitted with the Final PUD Application.
Section 3: Historic Preservation
The City Council shall consider historic designation of the cabin located on the upper
bench near Park Circle, pursuant to HPC Resolution I, Series 2007, concurrently with
their consideration of the Final PUD approval. Once designated, the cabin is subject to
regulations in Section 26.415 of the Land Use Code.
The Final PUD Application shall include the cabin relocation and shall be consistent with
the conditions of approval in HPC Resolution 24, Series 2007, passed on June 13,2007.
HPC, Staff, and monitor shall retain purview over all facades facing the cabin, pursuant
to HPC Resolution 24, Series 2007. The Applicant shall work with staff and monitor to
determine the landscaping around the cabin, and the facades of the new development that
face the cabin prior to or concurrently with the Final PUD Review.
Section 4: Landscapinl!:
Prior to the removal of any trees, the Applicant shall receive a tree removal permit from
the Parks Department. A vegetation protection fence shall be erected at the drip line of
each individual tree or groupings of trees remaining on site. A formal plan indicating the
location of the tree protection will be required for the building permit set. No excavation,
storage of materials, storage of construction backfill, storage of equipment, foot or
vehicle traffic allowed within the drip line of any tree remaining on site. This fence must
be inspected by the city forester or his/her designee (920-5120) before any construction
activities are to commence
Landscaping in the public right of way will be subject to landscaping in the ROW
requirements.
Page 2 of6
The Applicant shall work with the Parks Department to select specific species to be
planted on-site.
As part of the Final PUD approval, the Applicant shall work with the Parks Department
to determine the appropriate location of street trees along Park Circle. This requires
adequate irrigation pressure and coverage, improvements to the soil profiles of the ROW
(amending the current soils to improve air, water filtration and increase longevity of the
new plantings). The parkway strip shall be a minimum of a 5-foot strip.
Section 5: Fire Mitil!:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required Fire Sprinkler System.
Section 6: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with title
25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory
Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department.
Each building shall have its own water connection with individual metering for each unit
and for each common use.
An 8-inch looped connection from the existing water line on Matchless Dr. to the existing
line on Park Circle to serve the property is required. Hydrants will be required along this
connection in accordance with the recommended placement of the Fire Marshall and in
accordance with spacing requirements contained in the Aspen Water System standards.
A single connection per building with individual metering for each unit and for each
common use is required.
Surface water flows across the site will need special attention. Including but not limited
to adjudicated irrigation rights, mine runoff and storm runoff. This shall be addressed in
the Final PUD application.
Section 7: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary
sewer system. On-site utility plans require approval by ACSD.
Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements. Below grade development may require
installation of a pumping system.
One tap is permitted for each building. Shared service line agreements may be required
where more than one unit is served by a single service line. Permanent improvements are
prohibited in sewer easements or right of ways. Landscaping plans will require approval
by ACSD where soft and hard landscaping may impact public ROW or easements to be
dedicated to the district.
All ACSD fees shall be paid prior to the issuance of a building permit.
Page30f6
Where additional development would produce flows that would exceed the planned
reserve capacity of the existing system (collection system and or treatment system) an
additional proportionate fee will be assessed to eliminate the downstream collection
system or treatment capacity constraint.
Where main sanitary sewer lines are required to serve this new development or the
existing publicly owned sewer system requires modification or adjustment, a line'
extension request and collection system agreement are required. Easements for main
sewer lines to be dedicated to the district for future ownership and maintenance shall be
dedicated and conveyed to the district using standard district form and language.
Glycol heating and snowmelt system must be designed to prohibit and discharge of
glycol to any portion of the public and private sanitary sewer system. The glycol storage
areas must have approved containment facilities.
Section 8: Mine Drainal!:e
Prior to submittal of a Final PUD Application, the Applicant shall investigate the
potential for increases of flow from stored mine drainage. This shall include the potential
for substantial increases of flow from stored mine drainage in the Molly
Gibson/Smuggler/Cowenhoven Tunnel system. Documentation shall be provided as part
of the Final PUD Application.
The size of the easement area for mine drainage and any underground collection or pipe
conveyance of the mine drainage shall consider the historic quantity of discharge and the
anticipated flows.
Details of the current and anticipated condition of the mineshaft shall be provided with
the Final PUD Application.
Section 9: Smul!:l!:ler Mine Remediation
The Applicant shall comply with Ordinance No. 25, Series of 1994 regarding the
handling of any contaminated soils within the former Smuggler Superfund Site prior to
any excavation on and/or prior to the application for building permits on both lots. All
soils on the Fathering Parcel shall be considered contaminated unless determined
otherwise through testing that adheres to the protocols that were established by the
Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If,
pursuant to said testing protocols, the soils are found to be uncontaminated, the following
requirements shall not apply. However, to the extent that any contaminants are
discovered, the following requirements shall apply:
I) All contaminated soils that are removed from the site shall be transported to
the Pitkin County Landfill and disposed of at the Smuggler repository. Any
disturbed soil or material that is to be temporarily stored above ground or remain
on site shall be securely contained on and covered with a non-permeable tarp or
other protected barrier approved by the Environmental Health Department so as to
prevent leaching of contaminated material onto or into the surface soil and to
prevent windblown dust from disturbed dirt.
Page 4 of6
2) The owner and general contractor of any development on Lots I and 2 of the
South and Gibson Subdivision shall submit a letter to the City of Aspen
Environmental Health Department stating that they have read, understood, and
will comply with the regulations for handling contaminated soils within the
former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994
prior to any excavation and/or issuance of building permits for the property.
3) The owner shall complete a Soil Removal Permit and Affidavit for excavation
prior to any excavation or disturbance of dirt and prior to any issuance of building
permits for the properties.
Section 10: Affordable Housinl!:
Affordable housing is provided on this site as part of the mitigation requirements for the
Lodge at Aspen Mountain. Forty-two (42) units shall be provided for the Lodge at Aspen
Mountain mitigation on Lot I. One (I) Affordable Housing unit shall be provided as part
of the Smuggler Racquet Club redevelopment on Lot 2.
Affordable Housing units on Lot I shall be "for sale" and sold through the lottery system
by APCHA. The Affordable Housing unit on Lot 2 shall be "rental." Deed restriction for
all units shall be recorded at the time of the Condo Plat and prior to Certificate of
Occupancy.
The forty-two (42) units will be broken into one (I) studio unit, fifteen (IS) one-bedroom
units, eight (8) two-bedroom units, and eighteen (18) three-bedroom units. The
categories shall be determined in cooperation with APCHA as part of the Final PUD
Review.
Section 11: Parkinl!: and Transit
The Final PUD Application shall designate areas for snow storage in all parking areas,
and shall indicate the location of an access easement from Park Circle to Lot 1. To the
extent the access easement providing access to Lot I from Park Circle eliminates
Smuggler Trail Head parking, the Final PUD Application shall address how overflow
parking from the Smuggler hiking trail will be accommodated. The Final PUD
Application shall address the potential for a bus stop along Park Circle near the entrance
to the proposed development.
The number of parking spaces shall be established by the Final PUD.
Section 12:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 13:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
Page 5 of6
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 14:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 15:
A public hearing on the resolution shall be held on the 25th day of June, 2007, continued to
July 9, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15)
days prior to which hearing a public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
FINALLY, adopted, passed and approved this _ day of _,2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
G:\city\Jessica\Cases\Smuggler Racquet Club\Council\Augus 13 Conceptual\Resolution8.13 _ Smuggler.doc
Page 6 of6
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF JANUARY 10. 2007
airperson, Jeffrey Halferty called the meeting to order at 5:00 p.m.
Com . . oners in attendance: Brian McNellis, Michael Hoff! and Sarah
Broughton. used was Alison Agley.
Staff present:
Guthrie, His . c Preservation Officer
Sara A Istoric Preservation Planner
Kath Chief Deputy City Clerk
MOTION: Sarah ed to approve Nov. 15th minute, econd by Brian. All
carried 4-0.
rtificate of no negative effect issued for mechanical - Aspen Mtn. Lo
1000 Matchless Dr. (Smuggler Racquet Club) Landmark Designation,
Relocation, Minor Development, Public Hearing
Proof of publication - Exhibit I
John Sarpa, Centurion Partners
Bill Poss, Poss Architects
Sara stated that the applicant is proposing to redevelop a portion of the
Smuggle Racquet Club property into affordable housing. The cabin is a
small gabled roof cabin and it sits along Park Circle. Staff has looked at the
size and location and it is identical to the historic photographs. The
applicant proposes to designate the cabin and relocate it 25 feet to the west
into the center of a newly created lot with generous setbacks. There will be
a generous grassy area around the cabin. Staff believes that the cabin is part
of the Smuggler mine which was listed on the National Register in 1987.
The location of the cabin was on the 1904 Sanborn map. The cabin has had
a couple alterations, two small additions and some exterior material changes.
It is in its original location and still has the original gabled roofform. Staff
finds that the cabin complies with criterion A & B and recommends
designation.
Relocation: One of the most important features of the cabin is that it sits in
its original location. Staff recommends that the cabin stay in that location.
John Sarpa said this is an opportunity for his group and the City. A previous
Mayor of Aspen deeded the parcel to Aspen. We are building a project
IExhibit 0, Smuggler Conceptual PUD I
Page I
ASPEN HISTORIC PRESERV A nON COMMISSION
MINUTES OF JANUARY 10. 2007
called the Lodge at Aspen Mtn. which is in its final review process. This
project is an integral part of it. We need to house about 100 people for that
project. The projected housing project will house about 70 people. The
Housing Authority loved the original design. We presented the proposal to
the Community Development Dept. and they didn't like the original plan so
we redesigned the plan. The idea is to have the entire project reflect the
Smuggler mine and what the little cabin is all about. The racquet club is
near the site and we had to be sensitive to their view planes. The housing is
basically along the road and trailer courts. We had thought moving the
cabin would be permissible. By moving it 25 feet to the west doesn't make
an impact on the historic district or the Smuggler mine. We are to balance a
couple of community interests, affordable housing and historic preservation.
If we can move it the building will have a 40 foot buffer and if not the buffer
will only be 15 feet. Moving it will have a much larger setback. To take
one building and build the affordable housing around it makes a unique
project. We feel the cabin should be habitable.
Bill Poss said they originally had a garden type layout and Chris Bendon
asked us to make a more of a street presence. Chris did not want the gated
community look. The mine is some 100 feet away and up on the hill and by
moving the cabin 25 feet and designating it will protect it from fire threats
and the close construction of the units. We need to lift the building in order
to rehabilitate it and put a foundation under it. In creating a street scene
there is a parcel of land between the road and us which is owned by Sam
Brown. There will be front and back entrances and some of the parking will
enter from the rear of the units.
Michael inquired about the use of the building. Amy said the Sanborn map
indicates that it was used as an office. The majority of the other buildings
are gone.
Bill pointed out that there were two railroads that serviced town back then,
The Rio Grand and Midland. The Midland came into the Holden Marolt
smelter and the Smuggler mine had its own smelter to separate the ore and
ship it and the railroad came across their own bridge and up to the property.
Brian asked the applicant to explain the configuration of the new buildings.
Bill said they are townhouses, up and down units. There are some two and
three bedrooms. The modules will be stacked with some units up and some
down. Brian said each of the units is connected into one building.
IExhibit D, Smuggler Conceptual PUD I
Page 2
ASPEN HISTORIC PRESERV A nON COMMISSION
MINUTES OF JANUARY 10. 2007
Sarah asked the applicant if they looked at keeping the cabin in its existing
location. John Sarpa said they did but it is too close given what is all around
the area.
Amy asked if they looked at turning the closest unit ninety degrees. Bill said
then we loose the street presence. Chris Bendon said they wanted the
residents on the street.
Jeffrey asked if they looked at moving the vehicular access closer to the
historical building and maintain the clearance of the well. Bill said they do
not own the area along the road.
Amy pointed out that maybe there is a way to orient the program slightly to
comply with the Planning & Zoning issues.
Chairperson, Jeffrey Halferty opened the public hearing. There were no
public comments. The public hearing portion of the meeting was closed.
John Sarpa said we are here to try and designate a building. We went
through three or four staff designs and we are trying to combine affordable
housing requirements with historic preservation. We are here voluntarily.
Brian pointed out that the greatest historical integrity of the cabin is its
location. Given the context to the Smuggler mine we need to maintain its
location. The applicants plan is very clear; putting the cabin in the center of
the square actually does celebrate the building in the configuration proposed.
He is not sure every configuration has been exhausted and he is conflicted
with the street presence.
Sarah said she would vote in favor of moving the building. There is a lot of
opportunity for the site plan that we are not seeing here. Moving the
building so that it has more open space helps keep it visually exposed.
Michael said as he read the memo, he thought it would be appropriate to
keep the cabin in its original position. Listening to the applicants comments
this structure does not relate to anything. Everything has been removed
around 1900. Moving it 25 feet is not meaningful.
IEXhibit D, Smuggler Conceptual PUD I
Page 3
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF JANUARY 10. 2007
Jeffrey said the voluntary commitment is commendable. Maybe there is an
opportunity on the site plan to make the cabin a more visual piece. Maybe
there is the possibility to add onto the building with square footage. The site
plan seems very generic. There needs to be some relationship to the historic
resource that begins to relate to the modulars. Because there is nothing left
at the mine site doesn't give us the right to remove that structure. We need
to preserve the structure in its original location especially when there is
flexibility of a quarter of an acre in that location. The preservation of the
cabin and designation is commendable but maybe there can be one more site
plan reviewed to look at all of the pieces.
John Sarpa said they need to keep moving on the project whatever the
outcome.
MOTION: Michael moved to approve Resolution #1, 2007 with the
following additional conditions:
1. Details of the relocation and foundation to be presented to staff and
monitor.
2. 10 feet of buffer should be included on all sides of the structures.
Motion carried 4-0. Roll call vote: Brian, yes; Michael, yes; Sarah, yes;
Jeffrey, yes.
John Worcester said the resolution should include meets and bounds before
it is signed.
!Exhibit D, Smuggler Conceptual PUD I
Page 4
ASPEN mSTORIC PRESERVATION COMMISSION
MINUTES OF MARCH 14. 2007
erson, Jeffrey Halferty called the meeting to order at 5:0 .m.
Comrm . ers in attendance: Alison Agley, Brian MeN 's, Michael
Hoffman and Broughton.
Staff present:
lstOriC Preservation Officer
Sara ,. storie Preservation Planner
y Strickland, . Deputy City Clerk
Jim True, Special Counse
MOTf, : Sarah moved to approve January 24th, Feb. 14th and
minutes; second by Michael. All infavor, motion carried.
Sara said at the P&Z meeting they reviewed the Smuggler affordable
housing case. P&Z is asking HPC to reconsider your position on relocating
the historic cabin.
Jessica Garrow, planner said at the HPC meeting, January lO'h the Smuggier
Racquet Club representatives came in for designation of the cabin on the site
adjacent to Park Circle. HPC recommended designation and leaving the
cabin in its existing location. At the conceptual level for P&Z they
requested staff ask HPC if they are interested in reconsidering your decision
of retaining the cabin in its existing location. They have concerns that the
cabin in its existing location is impacting the site plan and they would like to
give the representatives some flexibility to the site and see what other
solutions they come up with.
Amy pointed out that HPC has criteria for relocation and one of them has to
be that it is the best preservation solution.
Jeffrey said until we see a new application or plan that conforms to our
guidelines he is not wavering on his decision. Jeffrey pointed out that the
only time we ever let historic buildings leave their sites is to make them
better viewed by the public. They have plenty of room on the site to do what
they want to do. We would reconsider but it has to be demonstrated that the
plan is a better preservation effort for the cabin.
Michael said he is willing to reconsider but needs more evidence that the
cabin existed in its current location. Sara said she presented maps that
I
IEXhibit E, Smuggler Conceptual PUD I
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF MARCH 14. 2007
indicated it was the same form and same measurements. If it does come
back maybe we can see if the interior was used as an office.
Sarah said her concern is that HPC was presented a sparse site plan and the
applicant said they did not have much time and needed to move forward.
We were backed into a solution where we were throwing out an arbitrary
setback number for the historic resource. Sarah said if the new proposal
meets our guidelines and the historic resource can be better utilized on a
better site plan she is all for seeing it.
Brian said he feels there is always a solution to a landscape design especially
with that much space.
Jeffrey said we would reconsider but we would like to see an excellent
demonstration on preservation as well as the design of the site plan.
Amy said staff brought the proposal to the HPC trying to be reasonable with
the applicant to say that we are just going to define a small piece of the
property instead of the two acres. Reviewing the entire parcel seemed to be
going over our boundaries. That has put us in an awkward position having
such a limited area to review.
Jeffrey said the applicant needs to demonstrate that they have a better spot
and the guidelines need to apply.
Jim True said he was at the meeting and if Jessica goes back to the applicant
and indicates that HPC will review a different proposal if it complies with
the guidelines everyone will be on the same page. It is his understanding
that the applicant is looking for some leeway.
4 E. BLEEKER STREET - MAJOR DEVELOPMEN
CONCEP L - DEMOLITION, RELOCATION, V CES PH
Dave Rybak, architect
Sara said in terms of the desi C ha d that the rear elevation be
broken up into modul n the proposal tonight is a bay window and
the garage has shifted away from the alley towards est. The
garage ow in compliance with the five foot setback that was ht up
e public comments. In terms of relocation the applicant is trying to
2
IEXhibit E, Smuggler Conceptual PUD I
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING RELOCATION OF THE PROPERTY LOCATED AT 1000 MATCHLESS
DRIVE, THE SOUTHEAST Y. OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84
WEST OF THE PRINCIPAL MERIDIAN, TRACT A, ASPEN TOWNSHIP ADDITION,
CITY OF ASPEN, COLORADO
RESOLUTION NO. 24, SERIES OF 2007
PARCEL In: 2737-074-00-018.
WHEREAS, the applicant, Aspen Land Fund II, represented by Kim Weil of Poss Architecture
and Planning, request approval for relocation of the property located at 1000 Matchless Drive,
the Southeast Yo of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian,
Tract A, Aspen Township Addition, City of Aspen, Colorado.
WHEREAS, for approval of relocation, the HPC must review the application, a staff analysis
report and the evidence presented at a hearing to determine, per Section 26.4l5.090.C of the
Municipal Code, it must be demonstrated that the application meets anyone of the following
criteria:
I. It is considered a non-contributing element of a historic district and its relocation
will not affect the character of the historic district; or
2. It does not contribute to the overall character of the historic district or parcel on
which it is located and its relocation will not have an adverse impact on the
historic district or property; or
3. The owner has obtained a Certificate of Economic Hardship; or
4. The relocation activity is demonstrated to be an acceptable preservation method
given the character and integrity of the building, structure or object and its move
will not adversely affect the integrity of the historic district in which it was
originally located or diminish the historic, architectural or aesthetic relationships
of adjacent designated properties; and
Additionallv, for approval to relocate all of the followinl!: criteria must be met:
I. It has been determined that the building, structure or object is capable of
withstanding the physical impacts of relocation; and
2. An appropriate receiving site has been identified; and
3. An acceptable plan has been submitted providing for the safe relocation, repair
and preservation of the building, structure or object including the provision of the
necessary financial security.
WHEREAS, Sara Adams, in her HPC staff report dated June 13,2007, performed an analysis of
the application based on the standards, found that the review standards were, and recommended
approval with conditions; and
Exhibit F, Smuggler Racquet Club Conceptual PUD
Page I of4
WHEREAS, at their regular meeting on June 13, 2007, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
recommended approval by a vote of 3 to 1.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves the request to relocate the property located at 1000 Matchless Drive,
the Southeast Y. of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian,
Tract A, Aspen Township Addition, City of Aspen, Colorado, thirty (30) feet to the west and five
(5) feet south with the following conditions:
I. The cabin will maintain the same orientation toward Smuggler Mountain in its new
location.
2. Staff and monitor will approve the facades of the new development, including materials,
details, scale and form, that face the cabin- Block A, south elevation; and Block B, west
elevation- as indicated on the application, in perpetuity.
3. Staff and monitor will approve the landscaping around the cabin and entire play area,
including equipment, hardscape, materials, benches, lighting.
4. The applicant will post an interpretive marker on the property that will be approved by
staff and monitor, and will explain the historic significance of the cabin and its
connection to the Smuggler Mine.
5. A rehabilitation plan for the cabin will be submitted to staff and monitor prior to the
approval ofthe Final PUD by City Council.
6. A structural report demonstrating that the building can be moved and/or information
about how the house will be stabilized from the house mover must be submitted with the
building permit application. The applicant must provide information as to whether or
not the existing floor structure will be maintained and the pro's and con's of the decision
for review and approval by staff and monitor.
7. A bond or letter of credit in the amount of $30,000 to insure the safe relocation of the
structure must be submitted with the building permit application.
8. A relocation plan detailing how and where the building will be stored and protected
during construction must be submitted with the building permit application.
9. The conditions of approval will be required to be printed on the cover sheet ofthe
building permit plan set and all other prints made for the purpose of construction.
10. The applicant shall be required to provide the contractor with copies of the HPC
resolution applicable to this project. The contractor must submit a letter addressed to
HPC stllff as part of the building permit application indicating that all conditions of
approval are known and understood and must meet with the Historic Preservation
Officer prior to applying for the building permit to relocate the cabin.
II. The General Contractor and/or Superintendent shall be required to obtain a specialty
license in historic preservation prior to receiving a building permit to rehabilitate the
cabin.
12. The play area is passive in use- no active play structures.
13. Conditions #2,3, and 5 will be reviewed by Staff and monitor and the HPC board will
be informed of the outcome.
Exhibit F, Smuggler Racquet Club Conceptual PUD
Page 2 of 4
14. The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 1000 Matchless Drive.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances or
the City of Aspen provided that such reviews and approvals are not inconsistent with this
approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 13th day of June, 2007.
Approved as to Form:
Jim True, Special Counsel
Approved as to content:
HISTORIC PRESERVATION COMMISSION
Jeffrey Halferty, Chair
Exhibit F, Smuggler Racquet Club Conceptual PUD
Page 3 of4
ATTEST:
Kathy Strickland, Chief Deputy Clerk
Exhibit F, Smuggler Racquet Club Conceptual PUD
Page 4 of 4
Aspen Plannine: & Zonine: Commission Meetine: Minutes - March 06. 2007
uth Kruger opened the regular meeting of the Aspen Planning Commission in
SI Cities Meeting Room at 4:30pm. Dylan Johns was excused from th rst
and thir . terns on the agenda; Brian Speck was excused. 11 Erspame, avid
Guthrie, Eliz eth Atkins, Steve Skadron, John Rowland and Ru ger were
present. Staff in a ndance: Jim True, Special Counsel; Jo Allgaier and Jessica
Garrow, Community elopment; Jackie Lothian, 0 City Clerk.
COMMENTS
Ruth Kruger welcomed the new mem
nd Jim True as Special Counsel.
DECLARATIONS OF CON CTS OF I REST
Dylan Johns was conflict on Smuggler Racquet and Cooper Street Pier
Redevelopment.
MINUTES
MOl: : Liz Atkins moved to approve the minutes from February r! 2(jh;
onded by Steve Skadron. APPROVED. David Guthrie and LI Erspamer abstain
Public Hearing:
COOPER STREET PIER REDEVELOPMENT
Ruth Kruger opened the public hearing for Cooper Street.
MOTION: David Guthrie moved to continue the hearing to April 3rd; Liz Atkins
seconded. All infavor, APPROVED.
Continued Public Hearing:
SMUGGLER RACQUET CLUB CONCEPTUAL PUD
Ruth Kruger opened the public hearing for the Smuggler Racquet Club Conceptual
PUD. Jessica Garrow said the applicant was Aspen Land Fund II, LLC
represented by John Sarpa, Sunny Vann and Kim Weil. John Moore of the
Smuggler Racquet Club was also present.
Garrow stated this was a detailed proposal and a complicated site; there was a site
visit earlier. Garrow said that there was county zoning ofRl5 on this property; it
was annexed into the city in the 1950s with the Hughes addition but never rezoned
to city zoning. There were approximately 4.6 acres, including the cabin near Park
Circle and the Racquet Club off of Matchless Drive; the applicant submitted the
proposal in July 2006 proposing subdivision to develop affordable housing
mitigation for the Lodge at Aspen Mountain on the top part of the parcel and
redevelop the Racquet Club in the existing location. The applicant proposed to
Exhibit G, Smuggler Conceptual PUD
Page 1 of 9
Aspen Plannin!! & Zonin!! Commission Meetin!! Minutes - March 06. 2007
dedicate the cabin historic, which would be final at Council; the minutes from the
HPC Meeting were attached.
Garrow said the broader picture of this site was subdivision of the parcel into 3
lots; rezoning of Lot 1 to AH PUD, Rural Residential for the Racquet Club and
Historic Preservation for the cabin. A conditional use approval will be needed to
accommodate some of the uses on the racquet club site. There will be a Growth
Management Review for the Affordable housing and the Racquet Club site to
determine the employee generation. A Special Review will be need for parking on
both sites; Residential Design Standard Review for the Affordable Housing;
Commercial Design Review for the Club redevelopment and an administrative
determination to allow for the affordable housing unit on the racquet club parcel.
Garrow utilized a map (exhibit B) to delineate the lots with different colors. There
were 32 affordable housing units; 16 one bedroom units, 8 two bedrooms and 8
three bedroom units. There were 15 foot setbacks near building A, 10 foot
setbacks near building C and side setbacks of 5 feet. Garrow said there were 35
parking spaces proposed for the affordable housing units with 1 space assigned to
each unit; special review was needed for parking because it was located outside the
Aspen Infill area so that the requirement was 56 spaces. Garrow said that staff felt
that the design could do a better job relating to the cabin through the use of
inflection and materials that differentiate the new development from the historic
resource; staff would like to see the site opened up. Staff also wanted to see the
circulation simplified to buildings A and C.
Garrow said that Lot 2 (Racquet Club) was 2.97 acres including 2 indoor racquet
courts, club facilities, an affordable housing unit for the manager and 5 outdoor
courts. The setbacks include 20 feet along the West portion; there was a notch (20'
by 50') owned by someone else (according to John Moore the racquet club will
purchase this piece); along Lot I there was a 25 foot setback. Garrow said that
there were 38 proposed parking spaces on Lot 2; 2 for the affordable housing unit
and the rest for the club. Garrow said staff would like the building broken up
more. Staff recommended approval of the conceptual.
Ruth Kruger asked how we got from the first application design. Garrow replied
that was part ofthe first conversations staff had with the applicant dealing with the
way that the housing addressed the street, staff wanted a more pedestrian friendly
design. Staffwill address the sidewalk and an additional bus stop.
Sunny Vann said the problem arises from the residential design standards; when
this project was originally designed there was approval in the county for the type
of units in the first plan; the property does not abut the street and was not on a high
Exhibit G, Smuggler Conceptual PUD
Page 2 of 9
Aspen Plannin!! & Zonin!! Commission Meetin!! Minutes - March 06, 2007
pedestrian corner and the primary views were toward Aspen Mountain. Vann said
that staff asked to meet with the applicant regarding the first design and the new
design included the majority of units that abut the street. Vann said the historic
preservation officer wanted the cabin preserved.
John Sarpa introduced John Moore, Kim Weil and Sunny Vann. Sarpa said they
evolved to the current plan for staff support. Sarpa said that ALF approached John
Moore to purchase part of the land for the Lodge at Aspen Mountain housing
mitigation. Sarpa noted they were in a partnership with Smuggler Racquet Club.
Sarpa said that this was an extension of Smuggler Mine and the cabin drives a lot;
HPC review was first and designated that the cabin historic.
Sarpa said there was an old mine shaft located on the site; they hired HP Geotech
and will stay away from the shaft with buildings. Weil said that HP recommended
50 feet away with all but one building. Vann stated that it was not an open mine
but there were boulders pushed into it with top soil on the top during the superfund
reclamation; they were told that they could drive over it. Sarpa noted they also
have hired Tom Dunlop who was knowledgeable about the site.
John Moore said the courts building was sunk down 10 feet to comply with the
height requirements. Bill Lipsey, architect, said with the 2 indoor tennis courts the
building starts out at 120 feet by 120 feet with the clubhouse and affordable unit it
came out with a simple gable structure to accommodate the uses. Lipsey said the 1
story structures were subordinate to the big structure; one side had the clubhouse
and the other an affordable housing unit.
Weil stated with the influences of the cabin and the mine there were no places to
have any more street presence for the affordable housing; there was simple design
for the buildings. Weil said there were balconies, porches and the common
element of the rusty metal roofs like the tennis building. Weil said the cabin would
stand on its own and the architecture of the affordable units would be their own
architecture.
John Rowland said that he like the playfulness of the balconies. Weil replied that
the balconies move at different elevations.
Liz Atkins asked why staff wanted the street presence on the uphill side when the
view was that way. Garrow replied that staff was taking a long term view of
development in this area of town and the entrances were still off of the parking
area; there was a street presence.
Exhibit G, Smuggler Conceptual PUD
Page 3 of 9
Asnen Plan nine: & Zonine: Commission Meetinl!: Minutes - March 06. 2007
David Guthrie asked if the slope reduction was based upon the old topo or the new
topo. Sarpa said they were using the most current survey information and they
have reviewed it with staff. Weil said that there was a field topo from Sopris
Engineering in the packet. Vann said there was far more land area to
accommodate the density than was needed. Guthrie voiced concern for the
placement of the new bus stop and the decision would be at final. Guthrie said
there was parking heading in on Matchless. Weil responded there was a grade
change and a bit of a berm. Vann said there was a landscaping plan and at final
there would be a comprehensive landscape plan submitted and reviewed with
parks. Guthrie said that parking was a huge concern in this area. Atkins said that
she had issues with parking.
Steve Skadron asked why so much was happening at final in this case. Garrow
replied part of it was the unique circumstances of the lot without zoning; the
proposed zoning requires conditional uses. Skadron voiced concern for the bus
stop also. Skadron asked the applicant's responsibility with the racquet club was.
Sarpa replied that they approached the Smuggler Racquet Club to purchase part of
the parcel for the mitigation for the Lodge at Aspen Mountain. Skadron asked who
the Smuggler Racquet Club was. Moore replied it was 105 members with an
equity club that you buy into with annual dues; it was a non-profit SOIC7. Moore
said it was laid back and the membership was limited; there were some social
functions, brunches and pot luck dinners. Skadron asked how busy the club was.
Moore said that the nets would be up in May and weather permitting people would
book the courts. Skadron asked why this application came in as one rather than
two separate applications. Garrow replied that it was one parcel. Vann said that
they originally thought that it was in the county; council likes to see the big picture
to see how everything works together and not parts of the puzzle. Vann said the
projects were sufficiently interrelated that it made sense to process as one
application.
John Rowland asked for a summary ofthe HPC process. Garrow responded that
the historic maps were reviewed by the historic preservation officer who
determined the materials used on the cabin were historic as part of the old
Smuggler mine used as an as sayers office. Sarpa said the cabin has to be
disassembled, a foundation built and reassembled; HPC said that it had to go back
in the place exactly where the cabin sits now.
Liz Atkins asked if the outdoor tennis courts had lights and if they anticipated
using the indoor courts at night. Moore replied there were no lights for the outdoor
courts and do not anticipate any lights; conceivably the indoor courts will be used
at night, they can put a limit on but he did not think there would be any activity
after IOpm.
Exhibit G, Smuggler Conceptual PUD
Page 4 of 9
Aspen Plannin!! & Zonin!! Commission Meetin!! Minutes - March 06. 2007
LJ Erspamer asked if this was a 100% affordable housing project. Vann and Sarpa
replied 100% with no free market component on this site. Erspamer agreed that
this was a pedestrian area; he asked who would be involved in placing sidewalks.
Vann replied that they would cooperate with staff and engineering on sidewalks,
street lights and a RFT A bus stop. Erspamer asked where the snow storage would
be located. Vann replied that the final PUD would have designated snow storage
areas. Erspamer asked if they were aware of the traffic count on the Spruce and
Park comer. Vann said that Park Circle was adequate to carry the number of cars
and engineering did not require anything from this applicant. Erspamer asked
where they will park because 50% of the parking on Race Street was taken away.
Liz Atkins asked why they needed 38 parking spaces for 7 tennis courts. Moore
answered they have 8 or 9 functions a year and a tournament in the summer; they
will use those parking spaces.
Ruth Kruger asked what the categories were and if the affordable housing units
were for sale or rental units. Vann replied they were all for sale units and the exact
categories would be in accordance with APCHA prior to final approval. Kruger
asked how many spaces would be eliminated on Park Circle. Vann responded
none would be taken away as part of this project.
Public Comments:
Vince Galluccio, public submitted a letter and drawings into the record. Galluccio
asked the commission to look at the plan and said that the cabin could be moved.
John Rowland stated that he was perplexed with the cabin not being moved. This
was a great piece of property for employee housing.
Atkins said that she was concerned about the views; there were great views from
that parcel and the parking should not separate the views.
Kruger stated there were guidelines and regulations.
David Guthrie said that the Park Circle should not be an artery to Smuggler; there
was the whole point of design guidelines that this was part of the community.
Guthrie asked if they need to make findings and objective standards for projects.
Kruger said this was a great location for more affordable housing in town. Kruger
voiced concern for the project being under-parked; she said that parking should be
addressed at conceptual and that parking for this project should be more than 35
Exhibit G, Smuggler Conceptual PUD
Page 5 of 9
ASPEN PLANNING & ZONING MEETING MINUTES - APRIL 3. 2007
th Kruger opened the regular Planning and Zoning in the Sister Cities at 4:
with Erspamer, Brian Speck, John Rowland, and David Guthrie prese . Dylan
Johns an eve Skadron were excused. Jim True, Special Counsel a staff in
attendance we . Joyce Allgaier, Jessica Garrow, Community velopment and
Jackie Lothian, De City Clerk.
COMMENTS
Brian Speck said that the Counci t night was disturbing because of
Torre's comments about the meetin full of just people from the trade and
not representative of the commu' . Spec ok exception to that remark and said
that everyone was in some e.
Joyce Allgaier pr Ided the updated schedule for the Cod mendments to
Council. R ger stated that the P&Z Commissioners wou meet as often as
necess to get things into a position where the Council can act in time frame
s at the business can get done.
CONTINUED PUBLIC HEARING (3/6/7):
SMUGGLER RACQUET CLUB CONCEPTUAL PUD
Ruth Kruger opened the continued public hearing for the Smuggler Racquet Club.
Jessica Garrow stated there were a few changes fonn the March 6th meeting and an
update from HPC regarding the cabin location.
Garrow said the site plan changed on the lot closest to Park Circle where the
affordable housing will be developed and the number of units has been decreased
and the number of parking spaces was increased. There were 44 spaces proposed
spaces on site with spaces #3 I - 44 as double stall spaces (stacked parking) and the
land use code counts those spaces as I instead of2. The Applicant proposed
assigning parking spaces to individual units. This would be done in Special
Review during the final review. Kim Weil, architect, said that because I space was
handicap there were actually 43 spaces on site counting the double loaded spaces
as one each.
Garrow said that HPC was willing to look at the cabin with a more significant site
plan and landscaping plan that framed the cabin, which would help reduce the
prominence of the cabin.
Garrow stated that there was a change to the resolution in Section 2 the 3rd line
down that a required detailed curb and gutter plan but staff did not feel that this lot
was adjacent to Park Circle and this lot would be addressed in the Development
Review Committee.
Exhibit G, Smuggler Conceptual PUD
Page 7 of 9
Aspen Plannine & Zonine Commission Meetine Minutes - March 06, 2007
spaces. The commissioners supported more parking on the site. Skadron was not
as concerned about the parking.
The commission supported requesting HPC take another look at the placement of
the cabin.
MOTION: Elizabeth Atkins moved to continue the hearing for the Smuggler
Racquet Club to April 3rd; seconded by U Erspamer. All in favor, APPROVED.
IC HEARING:
ISIS THEA T WTH MANAGEMENT
Ruth Kruger opened the ISiS ment. Only 3 members could
remain until 7:30pm.
MOTION: Elizabeth Atki ed to continu Isis Theatre Growth
Management hear' 0 Thursday, March lIh at noon is' Cities Meeting
Room; ed by U Erspamer. All infavor, APPROVED.
Meeting adjourned at 7:04 p.rn.
ckie Lothian, Deputy City Clerk
Exhibit G, Smuggler Conceptual PUD
Page 6 of 9
ASPEN PLANNING & ZONING MEETING MINUTES - APRIL 3. 2007
John Sarpa, applicant, said there Racquet Club members present. Sarpa said the
building evolved from the first. Kim Weil, architect, utilized a site plan and
renderings of the club to show where the affordable housing would be set back
and where the Racquet Club was located. Weil said this tennis club was a non-
profit and their big events every year were pot lucks; the Racquet Club Members
were cost conscious about the redevelopment of the club. Weil said the club
architecture kept with the mining heritage. Weil provided a 3-dimensional
drawing showing the club, tennis courts and housing unit; the architecture used
rusted metal.
LJ Erspamer asked the height on the club building. Weil replied 28 feet and 33 to
the ridge; they were going down 10 to 12 feet.
John Rowland asked if the design intent was zero eaves. Weil responded yes,
minimal.
David Guthrie asked if the glazing was glass. Weil answered it would be some
type of product to cut down on the glare.
No public comments on the Racquet Club portion.
John Sarpa stated they dropped affordable housing units to accommodate more
parking spaces. Kruger asked how many units were in the new plan. Weil replied
48 bedrooms including the cabin. Sarpa said that they would go to APCHA with
the new plan.
Weil said they added inflection to building A, which resulted in the unit count
going down; there was a story dropped from the middle of the building.
Garrow stated that staff requested enlarging the windows in the bedrooms once
they get to final to provide more light into the bedrooms. Sarpa said that the
windows were kept high because they were bedrooms.
Erspamer asked if there would be guest parking. Weil said there would be no more
than 2 spaces assigned per unit so there would be parking available.
Guthrie asked about the landscaping for the parking. Weil said this was conceptual
and they have not modified the landscaping yet but they will.
John Rowland asked if there was historical significance to the fence that goes
around the cabin. Kruger said that when they were on site it was pointed out that
Exhibit G, Smuggler Conceptual PUD
Page 8 of 9
ASPEN PLANNING & ZONING MEETING MINUTES - APRIL 3. 2007
the cabin was the only historic portion of the site excluding the piece that was
added onto the cabin.
No public comments on the affordable housing portion.
The commissioners supported the conceptual application. Joyce Allgaier asked if
there would be covenants for the use of parking. Sarpa responded that would be
covered with the covenants.
MOTION: Brian Speck moved to approve Resolution #32, series of2007,
recommending the City Council approve the Smuggler Racquet Club Conceptual
PUD with parking addressed in the covenants and the amendment to Section 2;
seconded by John Rowland. Roll call: Erspamer, yes; Guthrie, yes; Speck, yes;
Rowland, yes; Kruger, yes; APPROVED 5-0.
10 UTE AVENUE 8040 GREENLINE REVIEW RESIDENTIAL DES
ST A RDS VARIANCE and PUD AMENDMENT
Ruth Krug opened the public hearing for 1001 Ute Avenue. Jessica ow
provided the n ice to Jim True. Jessica Garrow provided a revised esolution
with the additions' green and deletion in red.
Garrow explained the re ired reviews were Residential D sign Standards for
secondary mass; 8040 Gree . ne and 2 PUD amendme
Garrow said the 8040 Greenline R iew was re red for any development
proposed within 100 feet of the 8040 vatio. This was for rock fall dangers and
avalanche dangers that have been approp' ely addressed and there were enough
utilities to service any development th goe n these properties and the design of
the buildings blend in with the mou in charac recognizing that these buildings
will be visible to lower elevatio as well as variou ountains around town. Staff
and the referral city agencies ave reviewed this 8040 lication to make sure
those toxic soils, rock fal d avalanche dangers have bee dealt with. The
referral agencies and s f felt that all the criteria have been m with the exception
of one. Garrow sai that staff felt Criteria #7 has not been met, . ch was located
in Exhibit B in e packet. Garrow said that when this development ent through
the original D in August oflast year with council some massing con Is were
put into ce to ensure the mass was minimized and the applicant has limi the
width d height of the structures. There were two single family free-market
res' ences proposed on Lots I and 2, which were limited to 5,040 square feet in tl1
riginal PUD. Garrow said that secondary mass has not been met and that does not
Exhibit G, Smuggler Conceptual PUD
Page 9 of 9
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING WITH CONDITIONS THE APPROVAL OF THE
SMUGGLER RACQUET CLUB CONCEPTUAL PUD AT 1000 MATCHLESS
DRIVE, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2737-182-02204
Resolution #32-06
WHEREAS, the Community Development Department received an application
from Aspen Land Fund II, LLC, represented by Vann Associates, requesting approval of
a Conceptual PUD Development for the redevelopment of the Smuggler Racquet Club
and the development of affordable housing; and,
WHEREAS, the subject property is approximately 202,717 sq. ft., is zoned as R-
15 in the County, but does not have existing zoning in the City; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a
Conceptual PUD, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed
public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, during a duly noticed public hearing on March 6th, 2007, the Planning
and Zoning Commission opened and continued the public hearing to April 3rd, 2006; and
WHEREAS, during a duly noticed public hearing on April 3rd, 2007, the Planning
and Zoning Commission approved Resolution No. 32, Series of 2006, by a five to zero (5 -
0) vote, recommending the Aspen City Council approve a Conceptual PUD for the
Smuggler Racquet Club; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission has reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Exhibit H, Smuggler Racquet Club Conceptual PUD
Page I of6
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen Planning and Zoning Commission hereby recommends the
Aspen City Council approve a Conceptual PUD for the development of affordable
housing and the redevelopment of the Smuggler Racquet Club at 1000 Matchless Drive,
City of Aspen, subject to the Conditions contained herein.
Section 2: Final PUD Application
The Final Application shall include a detailed Landscaping Plan showing the location of
proposed trees and other landscaping improvements, and a preliminary Construction
Management Plan for review. The Applicant shall also work with the Engineering
Department and the Community Development Engineer to determine the best access off
of Park Circle. This location shall be reflected in plans submitted with the Final PUD
Application.
Section 3: Historic Preservation
The City Council shall consider historic designation of the cabin located on the upper
bench near Park Circle, pursuant to HPC Resolution I, Series 2007, concurrently with
their consideration of the Final PUD approval. The cabin is subject to regulations in
Section 26.415 ofthe Land Use Code.
Section 4: Landscapinl!:
Prior to the removal of any trees, the Applicant shall receive a tree removal permit from
the Parks Department. A vegetation protection fence shall be erected at the drip line of
each individual tree or groupings of trees remaining on site. A formal plan indicating the
location of the tree protection will be required for the bldg permit set. No excavation,
storage of materials, storage of construction backfill, storage of equipment, foot or
vehicle traffic allowed within the drip line of any tree remaining on site. This fence must
be inspected by the city forester or his/her designee (920-5120) before any construction
activities are to commence
Landscaping in the public right of way will be subject to landscaping in the ROW
requirements.
The Applicant shall work with the Parks Department to select specific species to be
planted on-site.
As part of the Final PUD approval, the Applicant shall work with the Parks Department
to determine the appropriate location of street trees along Park Circle. This requires
adequate irrigation pressure and coverage, improvements to the soil profiles of the ROW
(amending the current soils to improve air, water filtration and increase longevity of the
new plantings). The parkway strip shall be a minimum of a 5-foot strip.
Section 5: Fire Mitil!:ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required Fire Sprinkler System.
Exhibit H, Smuggler Racquet Club Conceptual PUD
Page 2of6
Section 6: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with title
25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory
Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department.
Each building shall have its own water connection with individual metering for each unit
and for each common use.
An 8-inch looped connection from the existing water line on Matchless Dr. to the existing
line on Park Circle to serve the property is required. Hydrants will be required along this
connection in accordance with the recommended placement of the Fire Marshall and in
accordance with spacing requirements contained in the Aspen Water System standards.
A single connection per building with individual metering for each unit and for each
common use is required.
Surface water flows across the site will need special attention. Including but not limited
to adjudicated irrigation rights, mine runoff and storm runoff. This shall be addressed in
the Final PUD application.
Section 7: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary
sewer system. On-site utility plans require approval by ACSD.
Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements. Below grade development may require
installation of a pumping system.
One tap is permitted for each building. Shared service line agreements may be required
where more than one unit is served by a single service line. Permanent improvements are
prohibited in sewer easements or right of ways. Landscaping plans will require approval
by ACSD where soft and hard landscaping may impact public ROW or easements to be
dedicated to the district.
All ACSD fees shall be paid prior to the issuance of a building permit.
Where additional development would produce flows that would exceed the planned
reserve capacity of the existing system (collection system and or treatment system) an
additional proportionate fee will be assessed to eliminate the downstream collection
system or treatment capacity constraint.
Where main sanitary sewer lines are required to serve this new development or the
existing publicly owned sewer system requires modification or adjustment, a line
extension request and collection system agreement are required. Easements for main
sewer lines to be dedicated to the district for future ownership and maintenance shall be
dedicated and conveyed to the district using standard district form and language.
Exhibit H, Smuggler Racquet Club Conceptual PUD
Page 3 of6
Glycol heating and snowmelt system must be designed to prohibit and discharge of
glycol to any portion of the public and private sanitary sewer system. The glycol storage
areas must have approved containment facilities.
Section 8: Mine Draina!!:e
Prior to submittal of a Final PUD Application, the Applicant shall investigate the
potential for increases of flow from stored mine drainage. This shall include the potential
for substantial increases of flow from stored mine drainage in the Molly
Gibson/Smuggler/Cowenhoven Tunnel system. Documentation shall be provided as part
of the Final PUD Application.
The size of the easement area for mine drainage and any underground collection or pipe
conveyance of the mine drainage shall consider the historic quantity of discharge and the
anticipated flows.
Details of the current and anticipated condition of the mineshaft shall be provided with
the Final PUD Application.
Section 9: Smu!!:!!:ler Mine Remediation
The Applicant shall comply with Ordinance No. 25, Series of 1994 regarding the
handling of any contaminated soils within the former Smuggler Superfund Site prior to
any excavation on and/or prior to the application for building permits on both lots. All
soils on the Fathering Parcel shall be considered contaminated unless determined
otherwise through testing that adheres to the protocols that were established by the
Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If,
pursuant to said testing protocols, the soils are found to be uncontaminated, the following
requirements shall not apply. However, to the extent that any contaminants are
discovered, the following requirements shall apply:
I) All contaminated soils that are removed from the site shall be transported to
the Pitkin County Landfill and disposed of at the Smuggler repository. Any
disturbed soil or material that is to be temporarily stored above ground or remain
on site shall be securely contained on and covered with a non-permeable tarp or
other protected barrier approved by the Environmental Health Department so as to
prevent leaching of contaminated material onto or into the surface soil and to
prevent windblown dust from disturbed dirt.
2) The owner and general contractor of any development on Lots I and 2 of the
South and Gibson Subdivision shall submit a letter to the City of Aspen
Environmental Health Department stating that they have read, understood, and
will comply with the regulations for handling contaminated soils within the
former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994
prior to any excavation and/or issuance of building permits for the property.
3) The owner shall complete a Soil Removal Permit and Affidavit for excavation
prior to any excavation or disturbance of dirt and prior to any issuance of building
permits for the properties.
Exhibit H, Smuggler Racquet Club Conceptual PUD
Page 4 of6
Section 10: Affordable Housinl!:
Affordable housing is provided on this site as part of the mitigation requirements for the
Lodge at Aspen Mountain. Twenty-eight (28) units shall be provided for the Lodge at
Aspen Mountain mitigation on Lot 1. One (I) Affordable Housing unit shall be provided
as part of the Smuggler Racquet Club redevelopment on Lot 2.
Affordable Housing units on Lot I shall be "for sale" and sold through the lottery system
by APCHA. The Affordable Housing unit on Lot 2 shall be "rental." Deed restriction for
all units shall be recorded at the time of the Condo Plat and prior to Certificate of
Occupancy.
The twenty-eight (28) units will be broken into one (I) studio unit, thirteen (13) one-
bedroom units, eight (8) two-bedroom units, and six (6) three-bedroom units. The
categories shall be determined in cooperation with APCHA.
Section 11: Parkinl!: and Transit
The Final PUD Application shall designate areas for snow storage in all parking areas,
and shall indicate the location of an access easement from Park Circle to Lot I. To the
extent the access easement providing access to Lot I from Park Circle eliminates
Smuggler Trail Head parking, the Final PUD Application shall address how overflow
parking from the Smuggler hiking trail will be accommodated. The Final PUD
Application shall address the potential for a bus stop along Park Circle near the entrance
to the proposed development.
The number of parking spaces shall be established by Special Review at Final PUD
approval, and at a minimum shall include thirty-eight (38) parking spaces for the Racquet
Club parcel on Lot 2 and forty-four (44) spaces for the Affordable Housing units on Lot
1.
Section 12:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 13:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 14:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Exhibit H, Smuggler Racquet Club Conceptual PUD
Page5of6
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 3rd
day of April, 2007.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Ruth Kruger, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
F:\Smuggler Racquet Club\P&Z\SmugglerPZ Reso_03 06 07.doc
Exhibit H, Smuggler Racquet Club Conceptual PUD
Page 6 of6
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TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
August 13, 2007
Amendments to City Council Rules and Regulations - Resolution No.l-D,
Series of 2007
RE:
At City Council's recent retreat I was asked to prepare a resolution to amend certain provisions
of Council's current Rules and Regulations for the conduct of its business. The attached
resolution and amended Rules and Regulations were prepared to allow Council and the public
further opportunity to review and comment upon the proposed changes.
The proposed changes are as follows:
Section II - Meetings.
Regular meetings will be convened on the second and fourth Tuesday of every month between
the hours of2:00 p.m. and 6:00 p.m. (Changed from Mondays between 5:00 p.m. to 9:00 p.m.)
The second paragraph was changed slightly and the fifth paragraph was deleted to eliminate
redundant provisions.
Section III - Agenda.
The conference between the Mayor and City Manager to set the agenda was changed from the
Tuesday preceding a regular meeting to the Monday of the week before a regularly scheduled
meeting.
Council packet materials are proposed to be due in the City Clerk's Office on the Monday of the
week prior to the date of the council meeting rather than the current requirement for delivering
packet material on the Tuesday before the scheduled meeting. This will allow for a more timely
delivery of the final packet to Council members before the scheduled meeting.
Finally, I amended the last sentence of this section to clarify its meaning. It currently reads that
Council may not consider an item that is not included in the published agenda except for
"emergency action necessary for the furtherance of the public health, safety, or general welfare.
That terminology implies that last minute additions to the Agenda may only occur for
"emergency ordinances." I do not believe that was the original intent and has certainly not been
Council's practice. The second to last sentence of that section contradicts that interpretation in
that it permits the "public, member of Council, or the City Manager to submit items to the
Council during the Council meeting..." The new proposed language prohibits council action on
items not on the published agenda unless there are "extenuating circumstances." I believe that
characterization more closely describes Council's current practice. In other words, Council
frowns upon last minute additions to the Agenda, but will consider them if there are extenuating
circumstances for doing so.
cc: City Manager
JPW- saved: 7/26/2007-409.G:\john\word\memos\council procedures,doc
RESOLUTION NO. 0
Series of 2007
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO
"CITY COUNCIL RULES AND REGULATIONS."
WHEREAS, the City Council of the City of Aspen, pursuant to Section 3.4 of the City of
Aspen Home Rule Charter, is the legislative and governing body of the City of Aspen, and in
accordance with such powers may establish rules of procedure to govern the conduct of its
meetings; and
WHEREAS, the City Council deems it advisable to amend the Rules and Regulations
adopted by Resolution No. 51, Series of 2005, and to adopt the attached Rules and Regulations as
amended and restated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby adopts the attached City Council Rules
and Procedures, as amended and restated, establishing procedures for the conduct of its meetings.
Dated:
,2007.
Michael C. Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held
,2007.
Kathryn S. Koch, City Clerk
JPW- saved: 7/26/2007-211-G:~ohn\word\resos\Council procedures.doc
CITY COUNCIL RULES AND REGULA nONS
CITY OF ASPEN, COLORADO
June 2005August 2007
SECTION I - JOURNAL OF PROCEEDINGS.................................................... 3
SECTION II - MEETINGS ........................................................................................ 3
SECTION III - AGENDA........................................................................................... 3
SECTION IV - PRESIDING OFFICER - DUTIES: ........................................... 4
SECTION V - CALL TO ORDER - PRESIDING OFFICER: ........................ 4
SECTION VI - ROLL CALL: ................................................................................... 4
SECTION VII - QUORUM: ...................................................................................... 4
SECTION VIII - ORDER OF BUSINESS............................................................. 5
SECTION IX. - PROCEDURES FOR DEBATE................................................. 6
SECTION X - RULES OF DEBATE ...................................................................... 6
SECTION XI - ADDRESSING THE COUNCIL ................................................ 7
SECTION XII - DECORUM ..................................................................................... 7
SECTION XIII - ENFORCEMENT OF DECORUM......................................... 7
SECTION XIV - VOTING......................................................................................... 8
SECTION XV - PETITIONS: ................................................................................... 9
SECTION XVI - SPECIAL COMMITTEES ........................................................ 9
SECTION XVII - USES OF STAFF ..................................................................... 10
SECTION XVIII - ENFORCEMENT, SUSPENSION AND
AMENDMENT OF RULES ..................................................................................... 10
SECTION XIX - RULES OF ORDER.................................................................. 10
2
SECTION I - JOURNAL OF PROCEEDINGS
The Council shall determine its own rules, order of business, conduct of public meetings
and shall provide for keeping the official record, which shall be a public record according
to C. R. S. 24-6-402 Open Meetings
SECTION II - MEETINGS
The Council shall meet regularly at least twice each month. Regular meetings will
normally convene on the second and fourth Monaitys Tuesdavs of the month at 2:00~
p.m. in the Council Chambers or other properly noticed location and shall adjourn
promptly by or before 9;006:00 p.m. unless a motion is made and carried to suspend the
rules and extend the meeting to a time certain. All actions taken by City Council that are
otherwise proper shall not be void if taken beyond the normal time for adjournment.
Council will--mav schedule work sessions as needed with at least 24 hours advance public
notice. No formal action shall be taken during a work session. Public comment shall be
permitted by the Mayor subiect to Section IV
Special meetings may be called during a regularly convened Council meeting or upon
written request of the Mayor or of any two or more members of the Council on at least 24
hours written notice to each member of Council served personally or left at the Council
member's usual place of residence. A special meeting, however, may be held on shorter
notice if all members of Council are present or have waived notice in writing.
Simultaneous notice to the media shall be required for all special meetings.
Executive sessions may be held for the purposes allowed by the Aspen Open Meeting
Law, Municipal Code Section 2.04.030 Open meetings; executive sessions; notice;
minutes and c.R.S. 24-6-402 et. seQ. No formal action shall be taken during an executive
sessIOn.
"',Tork sessions may be schedulea by Council.N0 formal action shall be taken auring a
work session. Public commellt shall he permitted by tHe Mayor subjeet to Section IV\.
Notices of meetings will include the time, place and agenda and will be sent to the media
and posted in a public place at least 24 hours in advance of the meeting. In case of an
emergency, notice will be as long as is reasonable under the circumstances.
All meetings shall be public, except executive sessions.
SECTION III - AGENDA
The City Manager shall confer with the Mayor each Tuesday Mondav of the week
bcforopreceding a regularly scheduled meeting to determine items to be inoluded in the
3
published agenda. All reports, communications, ordinances, resolutions, contract
documents and other matters to be submitted to the Council shall be delivered to the City
Clerk prior to noon on the Taesday Mondav of the week prior to the Council meeting at
which they are to be submitted. The City Manager shall list the matters according to the
order of business and furnish each member of the Council and appropriate department
heads with a copy of the agenda prior to the Council meeting. No item shall be
submitted to the Council except through the City Manager; however, any member of the
public, member of Council, or the City Manager may submit items to the Council during
the Council meeting at the time provided in the order of business. Excepting emergeaey
action necessary in furtHeraHee of tHe pelblie HealtH, safety, or geHeral wclfareextenuating
circumstances, no Council action shall be taken on any item not included on the
published agenda.
SECTION IV - PRESIDING OFFICER - DUTIES:
The Mayor shall be the presiding officer of the Council. The presiding officer shall
preserve strict order and decorum at all regular and special meetings of the Council. The
Mayor shall state every question coming before the Council, announce the decision of the
Council on all subjects and decide all questions of order. Any decision or ruling of the
Mayor may be appealed to the Council as a whole by request of any member. The Mayor
shall call for roll call to see if the chair shall be upheld; if the roll call loses, the Mayor is
reversed.
SECTION V - CALL TO ORDER - PRESIDING OFFICER:
The Mayor, or in the Mayor's absence, the Mayor Pro tem shall call the Council to order
at the scheduled meeting time. In the absence of the Mayor or Mayor Protem, the City
Clerk shall call the Council to order. A temporary presiding officer then shall be elected
by the members of the Council present. When the Mayor or Mayor Protem arrives, the
temporary presiding officer shall relinquish the chair when the business immediately
before the Council is finished.
SECTION VI - ROLL CALL:
Before proceeding with the business of the Council, the City Clerk shall call the roll of
the members, and the names of those present shall be entered into the minutes.
SECTION VII - QUORUM:
A quorum shall consist of a majority of the members of Council; however, no action of
the Council shall be valid or binding unless adopted by ordinance, resolution or motion.
4
Resolution and motions shall require the affirmative vote of a majority ofthe members
present. Ordinances shall require no less than three (3) affirmative votes for passage
unless it is an emergency ordinance in which case it shall require four (4) affirmative
votes.
SECTION VIII - ORDER OF BUSINESS
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council
on issues NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single
motion)
VII. First Reading of Ordinances
VIII. Public Hearings
IX. Action Items
X. Information Items
XI. Executive Session
XII. Adjournrnent
The Council may, by majority vote, consider items out of sequence from the printed
agenda.
a) The consent calendar matters are routine and may be adopted by one motion.
There will be no discussion of separate items, unless members of the City Council, staff,
or the public requests that a specific item be discussed or removed from the consent
calendar for individual consideration.
5
b) Procedures for public hearings are outlined in Ordinance #87, Series of 1975.
c) Procedures for submitting petitions are discussed in section XV.
d) If the City Council wishes to adjourn to a later time, Council must pass a motion
specifying the date and time to which the regular meetings is being adjourned.
A motion to adjourn shall always be in order except during roll call. When a motion is
made and seconded to adjourn, any member of the Council may state why it is improper
for Council to adjourn. That statement, however, shall not be debatable and shall not take
more than two minutes.
SECTION IX. - PROCEDURES FOR DEBATE
On those issues requiring debate, the presiding officer shall state the issue before
Council. Unless Council by consensus determines no report is necessary, staff shall have
an opportunity to report on the issue and will respond to Council questions. Council
members shall be allotted time to present their positions and concerns.
A motion and a second on the issue will be allowed after all interested parties have had
an initial opportunity to express their views. Discussion can continue after the motion is
made; however, after a motion is on the floor, except for questions from Council,
discussion shall be restricted to Council members.
SECTION X - RULES OF DEBATE
a) Presiding Officer mav debate and vote. etc. While the primary role of the
presiding officer is to facilitate deliberations, the Mayor or member of Council who is
presiding may move, second and debate from the chair, subject only to such limitations of
debate as are imposed on all members. The presiding officer shall not be deprived of any
ofthe rights and privileges of a Councilmember.
b) Getting the floor - imorooer references to be avoided Every member desiring to
speak shall address the chair and upon recognition by the presiding officer, shall confine
him or herself to the question under debate, avoiding all personalities and indecorous
languages.
c) Interruotions A member, once recognized, shall not be interrupted when speaking
unless it is to call the member to order. If a member, while speaking is called to order,
the member shall cease speaking until the question of order is determined, and, ifin
order, shall be permitted to proceed.
d) Personal Privilege The right of a Councilmember to address the Council on a
question of personal privilege shall be limited to cases in which the member's integrity,
6
character, or motives are questioned, or where the welfare of the Council is concerned. A
Councilmember may interrupt another speaker if the Mayor recognizes the "privilege".
e) Privilege of closing debate The Councilrnember moving the adoption of an
ordinance or resolution shall have the privilege of closing the debate.
SECTION XI - ADDRESSING THE COUNCIL
Any person wishing to address the Council shall first secure permission of the presiding
officer to do so. The Council may limit the length of time that a person is permitted to
address the Council.
Written communications Interested parties or their authorized representatives may
address the Council by written communications in regard to matters under discussion.
Oral communications During the proper time on the agenda, citizens attending a regular
meeting may address the Council on any matter concerning the City's business, or any
matter over which the Council has control. Oral presentations shall not be repetitious and
shall be confined to five minutes maximum duration.
After motion made - No person shall address the Council after a motion is made without
first securing the permission of Council to do so.
SECTION XII - DECORUM
a) Bv Councilmembers While the Council is in session, the members must preserve
order and decorum. A member shall neither by conversation or otherwise, delay or
interrupt the proceedings or the peace of the Council nor disturb any member while
speaking or refuse to obey the orders of the Councilor its presiding officer, except as
otherwise herein provided.
b) Bv Persons Any person making personal, impertinent or slanderous remarks, or
who becomes boisterous while addressing the Council, or who interferes with the order of
business before the Council, and who fails upon request ofthe presiding officer to cease
such activity, shall be barred from further audience before the Council, unless permission
to continue is granted by a majority vote of the Council.
SECTION XIII - ENFORCEMENT OF DECORUM
The City Manager shall appoint a sergeant-at-arms at the Council meetings. The City
Manager of the City Manager's designee(s) shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instructions ofthe presiding officer, it shall be the duty of the
7
sergeant-at-arms to remove any person who violates the order and decorum of the
meeting.
SECTION XIV - VOTING
a) Roll Call- All votes on ordinances shall be by roll call; all other votes shall be
voice votes unless requested by a Councilmember.
b) Precedence of Motions When a motion is before the Council, no motion shall be
entertained except; (a) to limit comment, (2) to adjourn; (3) to fix the hour of
adjournment, (4) to lay on the table, (5) for the previous question, (6) to continue to a
certain day (7) to refer, (8) to amend, (9) to postpone indefinitely or to (10) divide the
question. These motions shall have precedence in the order indicated.
c) Amendments. No more than one amendment to an amendment is permitted.
When an amendment is before the Council, the Council shall vote first on the
amendment. After the amendment has passed or failed, the Council shall vote on the
main motion.
d) Motion to Table - The purpose of this motion is to temporarily bypass the subject.
A motion to lay on the table is undebatable and shall preclude all amendments or debate
of the subject under consideration. If the motion prevails, the matter may be "taken from
the table" at any time prior to the end of the next regular meeting.
e) Motion to Continue - The purpose of this motion is to delay consideration ofa
subject until a future time. A motion to continue shall include the specific date when the
subj ect shall again be considered.
f) Motion for Previous Ouestion - The purpose of this motion is to close debate on
the main motion. It is undebatable, and no further discussion shall be permitted until the
motion is acted upon. If the motion fails, debate is reopened; ifmotion passes, then the
Council shall vote on the main motion.
g) Division of Ouest ion - If the question contains two or more division able
propositions, the Mayor may, or upon successful motion of the Council shall divide the
same.
h) Withdrawal of Motion - When a motion is made and seconded, it shall be so
stated by the Chair before debate commences.
i) Conflict ofInterest ~ Councilmembers shall abide by the provisions of Section 4.7
of the Aspen City Charter and by Ordinance #19, Series of2003. When a
Councilmember determines he or she has a conflict of interest, the member shall
announce such conflict and refrain from discussing or voting upon the matter.
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j) Ex Parte Contacts - Councilmembers shall abide by the provisions of Ordinance
#87, Series of 1975, regarding pre-hearing or ex parte contacts.
k) Councilmember Required to Vote - Councilmembers are required to vote on all
issues placed before them unless excused under the provisions of (i) above. (Refer to the
City Charter Section 4.7 "Voting".)
I) Recording Vote; Tie Votes - The minutes ofthe Council shall record each
individual Councilmember's vote on all ordinances, resolutions and franchises. In the
case of a tie vote on any motion, the motion shall be considered lost.
m) Motion to reconsider - A motion to reconsider any action taken by the Council
may be made only on the day the action was taken or at the next regularly scheduled
meeting following the day when the action was taken. It may be made during the same
session or at an adjourned session. A motion to reconsider must be made by one of the
prevailing side but may be seconded by any member. A question failing by virtue of a tie
vote may be reconsidered by motion of any member of the Council. The motion may be
made at any time. It shall be debatable. Nothing herein shall be construed to prevent any
member of the Council from making or remaking the same or any other motion at a
subsequent meeting of the Council, except that no action shall be taken on any subject not
included in the published agenda.
SECTION XV - PETITIONS:
Any citizen ofthe city may appear before the Council at any regular meeting and present
a written petition. The petition shall be acted upon by the Council, in the regular course
of business. Petitions, remonstrances, communications and comments or suggestions
from citizens present, shall be heard by the Council. All remarks shall be addressed to
the Council as a whole, and not to any member thereof No person other than the
individual speaking shall enter into the discussion without the permission of the presiding
officer. No question shall be asked of a Councilmember except through the presiding
officer.
SECTION XVI - SPECIAL COMMITTEES
When the Council determines that a board, commission, task force, or citizen's
committee is needed, the following procedure shall be used:
a) The party proposing the creation ofthe board, commission, task force, or citizen's
committee will prepare the appropriate Council action (either an ordinance or a
resolution) defining the purpose, duties and objectives of the committee and whether it is
to be an ad hoc or continuing committee. Ifproposed as an ad hoc committee, the
Council action shall specifY when the committee's work is to begin and to conclude.
Section 8.4 Municipal Charter
b) That ordinance or resolution will be submitted to the City Manager for placement
on an agenda for Council discussion.
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c) Council shall approve, modifY or reject the ordinance or resolution.
d) Once a board, commission, task force, or citizen's committee is approved, the
City Clerk shall public notice soliciting interested and qualified volunteers to file
applications for appointment.
e) City Council shall interview all application and announce its selections and
appointments at a regular meeting.
f) Terms of appointment to any board, commission, task force, or citizen's
committee shall not exceed four years and there shall be no limitation on the number of
terms a member may service. City Charter requires that all permanent boards and
commissions including advisory and appeal boards shall be created by ordinance which
shall set forth the policies and duties delegated to such boards and commissions.
Temporary, ad hoc committees may be created by resolution.
SECTION XVII - USES OF STAFF
No Councilmember shall request from the City Manager any staff proj ect that entails
over two hours of staff work without seeking approve of the full City Council. This rule
pertains only to an individual research request by an individual Councilmember.
SECTION XVIII - ENFORCEMENT, SUSPENSION AND
AMENDMENT OF RULES
Enforcement ofthese rules shall be incumbent upon the City Council. These rules may
be suspended or amended by majority vote of the Councilmembers present.
SECTION XIX - RULES OF ORDER
The rules of parliamentary practice, comprised in Roberts Rules of Order, latest edition,
shall govern the Council in all cases to which they are applicable, provided they are not
in conflict with these Rules or with the Charter of the City of Aspen.
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