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HomeMy WebLinkAboutcoa.lu.su.The Gant Phase Two ,~ "'""" ,.....". .,.ii"<"" THE GANT Development History In January, 1973 Destination Resort Corp. presented a pro- posal for 153 tourist condominium units on 5~ acres on Ute Avenue; the project is now knowdas the Gant Condominiums. Between January, 1973 and approval of a subdivision plat in March and of a PUD plan by the City Council on 4/23/73 there were 7 meetings with the P & Z, 3 with the Council and numerous informal meetings with the planning office, engineering department and city attorney. These efforts were the result OL an attempt by the city to secure the best possible site plan without being able to set density. The product of these negotiations, in addition to subdivision requirements, was a plan that provided a view corridor;too Independence Pass; a 30% reduction in parking space to be subtituted by 2 project operated shuttle buses; 3 employee housing units; removal of 1 building group to provide useable common open area; access from Waters Avenue rather than Ute Avenue; landscaping to shield adjoining residences; phasing of the development over 3 years. The ruling principle in all ox these considerations was an effort to modify the impact of density allowed by existing zoning. Laee~ufumiApEil, DRC submitted building plans for the first phase of the project. The building permit application was made for 58 unlimited units, but upon examination of the plans the building inspector determined that the actual unit count was 58 unlimited and 70 ~limited units or a total of 128. The building inspector required the removal of pocket doors ,-." ,-.., - 2 - and partitions at interior stairs, sound retardant bedroom door construction and inter unit wall construction in order to correct the excessive density resulting from the "door game." The required changes were made and the plans resubmitted. 1/24/74 DB ~ ,-, THE UTE CITY PROTECTION ASSOCIATION The Ute City Protection Association was formed by residents of the Ute Avenue area as a response to the application in the winter of 1973 by Destination Resort Corp. for a 143 unit condominium project (The Gant) on Ute Avenue. The group made representations to the Planning and Zoning Commission and to the City Council throughout the Gant PUD procedure, opposing the project on the following grounds: general impact of high density on a residential neighborhood and the community resulting in traffic and circulation problems, additional air pollution from fireplaces and unacceptable costs of community services. In one of the City Council meetings considering the Gant, the Ute Avenue group, ". . . called upon the City Council to declare the present zoning inapplicable and in excess of the growth goals, and to commit to immediately undertake a revision of the zoning. . ." (G. J. Daily Sentil1lal, 3/16/73). The Aspen Times -~ilpa,:5i$39>frepertsuofiGmencetmciirlman at that meeting, ". . . he promised that the Council would work to review the master plan and amend zoning to reduce density. II At its meeting to approve the final PUD plan for the DRC project, the mayor, ". . . indicated that the Council was forced to make a 'meiUIRohbiby:y decision, II and that it was, "Recognized that residents wish to reduce the density, but the city continues to approve projects without changing the zoning. . . the fault lies with us not the proj ec t. II A councilman stated his concern about "unanswered ramifications of the project on the community involving increases in popula- tion, traffic and air pollution." t". ,-, page 2 An other councilmarr/'addressing those who were displeased with the proposed project and disappointed with the council's decision, indicated that citizens could expect action on the ~rt of the city in regard to amending zoning in the master plan to reduce density." (All above qqutations are from Aspen Today, 3/21/73.) On March 8, 1973 the Planning & Zoning Commission passed a resolution acknowleggm~gthel~eenheona~d to update and revise the master plan, 2) to better balance densities between Aspen and outlying activity centers, 3) that traffic and people congestion is being a threat to the resort character and economically viability of the Aspen Community, and 4) the climatic and geologic conditions are such that the the air pollution problem requires a reanalysis ,..Q,andhil!esolving: use reThametrl:Iat:!spanpHll:atilni:ng 6~mmlD.ssi8Ji6r@enmmends that the City Council authorize a major review of the densities and density dis- tr~butions suggested by the 1966 ~eneral Plan. In April, 1973 the Ute City Protection Association submitted an initiative ordinance calling for rezoning of the entire Ute Avenue area from AR-l to R-15. (350 signatures were secured in 1 day.) In a special City Council meeting of April,66repre- sentatives of the UCPA stated that they were not content with progress being made by the City @adncil and Planning and Zoning Commission to bring densities into line with citizen demand. The initiative petitions were later found insufficient within the required time limit and the initiative was not placed on the ballot at the general election in May. 1/25/74 DB - ---"':~ i rtl """'. ~ ;,; CITY aspen.c@! OF AS PEN 0, a~G~3 liox v becember 9, 1974 .'~ Mr. Gerry Wrench First of Denver Mortgage Investors 1810 First National Bank Building Denver, Colorado 80217 Re: Partial Release of Funds for Destination Resorts - Aspen, Ltd. Subdivision Planned Unit DevelQpment Agreement~ Dear Mr. Wrench: \" . In accordance with the above agreement dated April 6, 1973, the construction required durin~ .Phases I and II has been inspected, and found to be 100% completed. The following is a breakdown of the escrow account: ITEM ESCROW ESCROW ESCROW TO BE AMOUNT RELEASED RELEASED - IN 1973 1974 1. Paving on West End $2160.00 $1836.00 $ 324.00 2. Pedestrian/Emergency Access 1422.00 1422.00 0 3. Ute Ave. Paving 4145.00 0 0 4. Curb, gutter,and sidewalk 4616.00 0 0 5. a. Catch basin 1500-,00 1500.00 0 b. Storm sewer 4000.00 0 0 6. Waterlines 7800.00 0 7800.00 7. Landscaping and 'Trail 3500.00 1400.00 2100.00 $29143.00 $6158.00 $10224.00 .. ~.'-' .. ~: ~. Page Two Mr. Gerry Wrench December 9,1974 The amount authorized for release at this time is $10,224, the escrow balance should be $12,761 after this year's release. fs/ cc: David Behrhorst John Stanford v Clayton Meyring Very truly yours, S~ '.L)~ M) Dave Ellis City Engineer ,', . ; , \ I ! I t I I ! I ! i r . I "'J!!"'.--.C;;.,'"- -- .~ )> ~~r u February 13, 1974 Destination Resort - Aspen Ltd. c/o G.G. Behrhorst P.O. Box 2946 Aspen, Colorado 81611 Gentlemen: The building p18l).s for the second pahse of the Gent have been reviewed by the PI~'1...~()i;fice for compliance with the projects approved Planned Unit Development plan on file in the BuUding Department. Some contradictions be~een the approved P.U.D. plan and the building plans submitted for Phase II have been identified. These differences will require r.evisions to plans and/or amendments to the P.U.D. plan. follows: the building They are as 1. A variation is shown on t~ Phase II pl,an from the final development plan' on parking and drive layout. 2. Tennis courts do not include spaces for planting of evergreen and shrubs along ~o sides as shown on the Master Plan landscaping plan. 3. The recreation bU11dtng is not included in Phase II as shown in the final development plan development schedule. 4. Buildings "F" and "G" create ,a dignificant dis- ruption of natural terrain and damage to exist- ing vegetation. ~~', ,"","'- ;'" ,,~, - Destination Resort - Aspen Ltd. February 13, 1974 Page Two 5. The Phase II buildi~s "F" and '11(;11 plans are inconsistant with the intent stated in the memorandum from Destination Resort, Mareh 12, 1973. 6. That parking layout on Phase II plan has not provided spaces for landscaping as shown on Master Plan landseaping plan. Cordially, ~J~~ ~ BarteL r;{t.y/County Planner HB/bk :.1' .-.. June 21, 1973 ,-, . ~ TO: HERB BARTEL, CITY PLANNER MEMBERS OF ASPEN PLANNING AND ZONING COMMISSION FROM: SANDRA M. STOLLER, CITY ATTORNEY SUBJECT: D. R. C. SUBMISSION OF PLANS FOR PHASE 2 OF PUD Dear Herb and Members of the P & z: As you are aware D. R. C. has submitted its plans for permit . issuance for IJhase 2 of it"S P.U.D., as aIJproved. The" request for the IJermit, submitted approximately one year before antici- pated, has raised Z issues of concern to the city, both of which merit considerable study. They are: 1. What is the effect of a phasing schedule in terms of its enforcabili ty by the ci ty. and 2. Will the building permit review procedure and possible re~oning affect the D.R.C. approved P.U.D. and subdivision. This letter is an attempt to summarize D. R. C.'s argument (and my reaction to. thf'm) that (1) phasing is not mandatory and, if it is it merely affects completton dates and not commencement and (2) no interim measures or rezoning can affect a completely approved P. U. D. and subdivision subsequent to the time of approval, sequential permit issuance notwithstanding. D. R. C. Arguments and authority 1. Phasing is not mandatory. D. R. C. contends that the --~--.-lC'Etter indicating anticipated starting and completion dates is not mandatory and was, in at least this case, merely an afterthought. The City of Aspen has no interest in enforcing such the estimated starting dates for the following reasons: a. If the city is concerned a,bout staggering impact there is no problem here. The""second phase will not be completed prior to the schedule. The permit for- . phase 2 1S being sought now only because of the time it takes to acquire a permit and lay necessary foundations. If in fact the city wishes to insure against use prior to the anticipated completion date, it may do so by refusing the issuance of a certificate of occupancy. b. The City has no utilities or other facilities to' supply to correspond with the various stages of develop- ment; consequently there can be no argumeht that phasing is necessary to allow the city time to act. ',- ~c _...... ...,.. -__.-.~....___....~,. :<1- ~ , I Memo t.O Herb Bartel and June 21, 1973 ~ Page 2 P &Z Members ($ .~ \ \ \ c. . Phasing is not necessary to enforce the P. U. D. and, Subdivision Agreement (e.g. D. R. C.must seal and chip a street section and construct an 8' walkway with the first phase of construction) and guarantf)e perfor- mance before issuance of a permit for commencement of, the second phase (but agrees this may not be true for the thl I'd) becausei t has alternative enforcement pro- cedures, namely: (1) It can deny a certificate of occupancy if all requirements are not satisfied and (2) It may withdraw the necessary escrowed funds to make the designated improvements itself, as provided.in the agreement. 2. The Permit Review Procedures or rezoning cannot, as a matter of law, affect the intended use of the D. R. C. property. In support of this contention D. R. C. makes the following agruments. a. TheP. U. D. and subdivision agreement are a contract binding both D. R. C . and the City of Aspen and any attempt to change uses-oT densities constitutes a breach of contract. . .-.~' --- b. D. R. C. has already relied on the P. U. D. and subdivision approval and this reliance is evidenced by the conveyance of interests in land to the City and various concessions made (e. g. employee housing, view- plane and reduced density) and which are sufficient to estop the city from changing the intended use. I c. Finally, a P. U. D. must be viewed as a single' ..' enti ty even if there are a series of permits issued. In support of this argument three cases have been cited by counsel for D. R. C. (1) Telimar Homes, Inc. V Miller (N. Y. 1961) concerned an approved subdlV1Slon with lots of a minimum size of 10,000 sq. feet (1/4 acre). After approval the land was divided into 4 sections (to facilitate financing) and the map for section one and two were approved. After approval of the first section roads were constructed, surveys and percu- 1ation tests were made, plans \~ere prepared, model homes were built, and grade and drainage studies were made - all on the basis that it was a,single, overall project. The V. A. granted site approval , , ',...._.--~._'._,...,...~."'-~" "','. ...... . ," r" Memo to Herb Bartei"and P ~,Z Members June 21, 1973 .. Page 3 .~ \ \ for the development as a single project. A water company-was organized and construction of a water works was begun, geared to accommodate 500 homes (the number that could be built on quarter acre . lots). The zoning ordinance was then changed to require 1/2 acre lots. After this amendment plain- tiff submitted maps for the third and fourth section, which were denied. The court sustained plaintiff's argument that he had a vested right to proceed as planned saying: "It is clear from this record that the water system, roads, drainage system, model house construction and advertising were laid out and designed for t.he benefit of all four sections developed as a single, overall tract; that they would have been laid out and treated on an entirely different basis if the development of each section were to be separate; and that prior to the zoning amendment, substantial construction had been commenced and substantial expenditures had been made in par- tial development of sections 3 and 4, as well as sections 1 and 2. Hence plaintiff had acquired a vested right to a Itonconforming use as to the entire tract." . ., (2) Diamon v Orleans, 196 A 2d 36 3 (Pennsylvania, 1964) concerned a rezoning of 150 acres of land to FF and FFF zones (floating commercial zones) . following the consideration by cotmty commissioners of a comprehensive development plan for the whole tract. Between the last hearing on the rezoning ______.Bnd issuance of the first building permit the plain- tiffs purchased the land, purchased title insurance and signed a lease for a department store. The first permit was issued and the installation of sewage and electrical systems begun. A second permit was issued. At that point a civic group brought this action to stop the issuance of the second and further permits, contending that the rezoning depreciated neighboring property and con- stituted spot zoning. The plaintiffs contend that they had a vested right in the building permit aEd the group is estopped, at this point in time, from contesting the rezoning. The court agreed with the plaintiffs, saying: "When the permit authorizing construction of the first apartment building was issued.....(the group) did nothing....(T)he integrated, comprehensive, staged development of a large tract of land may and should be treated as a single undertaking....(I)t is made abundantly ..... ~~'.-...'~~... "'.~,-~,~ ....,_.,._-.",~'-..;,.. ," - - ...... 1---."" Memo to Herb Bart~and P ~ Z Members June 21, 1973 Page 4 ,-. clear that, realistically, objection is made to the entire comprehensive development, not merely to the CO!lullercial... To allow a complex, compre- hensive plan for development of as large a tract of land as is here involved to be attacked on a piece by piece basis would result in the greatest of inequities to the developers. This is particu- larly true on the facts here presented, which de- monstrated that not only were the residents com- pletely informed of all phases and the nature of the developmen~ program, but that they were also able to and did participate in the formulation and finalization of the development plan." (3) Norpro Co. v Cherry Hills (Colorado Supreme Court, December .18, 1972) concerned an attempt by a landowner to construct according to a P. U. D. so as to result in a density of 1.3 acres per site in an area calling for 2. 5 acres .. The owner argued that the present zoning was unconstitutional as applied to him because it (1) bore no relationship to the public healty,morals, safety or welfare; (2) it caused the owner substantial hardship and (3) it denied the owner equal protection because there was greater densities permit~ed in other adjoining areas. The court disagreed and stated (dicta being relied on by D. R. C. to prevent . rezoning): "The maintenance of stabiUty in zoning and resulting conservation of property value based upon existing zoning regulations are prime consid- .'eratiom; in denying applications for zoning changes. II (the reliance referred to is that of adj oining similarly zoned property. owners). "Colllnient.s' on D. R. C. Contentions - 1. Rebuttal of Argument that City of Aspen is estopped from affecting D. R. C. land use. The D. R. C. Argument is essentially one of governmental estoppel. The most comprehensive statement of this doctrine that I have run across was state.d :n "Zoning Estoppel: Appli- '. cation of the Principles of Equitable Estoppel and Vested Rights to Zoning Dispu tes", 1971 Urban Law Annual 63 (1971) in which the author stated: "A local goverr.men t exercising its zoning powers will be estopped when a property owner (1) relying in good faith '.. ''''.', --.-......-_..."'.,_..,-~'~..-..... "r'"""-'~"! I ~ ~ and P & Z Members ,-.". Memo June Page to Herb Bartel 21, 1973 5 (2) upon some act or omission of the government (3) has made such a substantial change of position or incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights which he ostensibly had acquired." At this juncture I would like to make a commen~ about the first element, i. e., good faith. Concrete evidence of lack of good faith in this matter consists in the attempt to accelerate the development (premature application for phase two) with the know- ledge of possible rezoning. The crux of any litigation on this .matter would, however', center around the second and third elements and I will center the following discussion on these. a. Substantial change of position. The thrust of the Telimar and other authority cited by D. R. C. is that, at this pO:lnt in time, D. R. C. has made such expenditures and changed its position so that no rezoning can affect its intended use. r think it worthy of note that the Telimar case IS A MINORITY OPINION. There is no case law concern:mg both an approved sub- divE ion and P. U. D. but there is much case law concerning approved subdivisions and subsequent rezoning. Rathroff in Law of Zoning and Planning says " ." "rn the absence of statute, even final approval of a sub- division plat by the planning board does not generally place 'the lots shown on the plat beyond the power of zoning changes. But, similar to the vested rights which accrue to a property --owner whose position has been changed in reliance upon the ~ssuance of a building permit, vested rights may be secured by a subdivider in a particular subdivision plat where his position has been changed by installation fo improvements or otherwise in reliance upon the grant of final approval thereof. II Several cases discuss when a subdivider has substantially relied so as to create an estoppel. The mere fact that subdivision plans were approved by a town prior to enactment of a zoning ordinance does not create a vested right to subdivide as approved. York Township Zoning Board v Brown 182 A 2d 706 (Penn 1962). T~ :lssuance oj; a bU:lld:lng perm:lt, per se, does not vest such a property right in the owner that subsequent rezoning is ineffective as to the property. eity and County of Denver v Duffy 450 P2d 339. (Colo 1969). At various stages of actual development an owner may be held to have acquired a vested nght to proceed with a 4evelopment. Some cases on this point follow: ~ ..._" ~. .__...._w..-........._"'.. tr-"-"- , ,~ \ \ Memo to Herb Barte~nd P '&,: Z Members June 21, 1973 Page 6 ~'.-,..-,--.......,----,.....,. . (1) Murrell v Wolff 408 S. W. 2d 842 (Miss. 1966) concerned an 11 acre development. Construction of 35 multiple dwellings had not been constructed when a rezoning occurred, but a subdivision on shopping center had been done; The dwellings where the third (and an integral) phase of the approved pro. jec't. At the time of rezoning the owner had graded the land, installed a sewer main and the foundations and utilities laid on the first of the 35 dwellings. $71,000.00 was spent on completing the first building. Given these facts the court held the City estopped from rezoning so as to prevent the use for multiple dwellings. (2) Town of Lebanon v Woods (Conn. Sup. Ct. Err. 1965) 215 A2d 112 concerned a rezoning affecting (increasing) lot sizes. The subdivision consisted of 4 sections, and work had been comlIlenced for 14 houses on 2 sections., The court held the owner to have a vested right only for those sections for which development plans had been completed, sewage dis- posal plans made, a water pump house constructed, storm sewers and water system installation made, some model homes built, and foundations excavations for the 14 homes started: "Neither expenses incurred for improvements which would be required irrespective of the lot size, nor commencement of construction on these sections vested rights in the developer to develop the balance of the tract in small ,lots." (3) In Wood v North Salt Lake (Utah 1963) 390 PZd 858 the court held that the CIty could not increase the lot size where "water mains and sewer lines had been laid down in the streets" and both systems provided connections in front of e.ach 60 foot lot. I (4) Gruber v Mayor and Township Committee of Raritan T6wnship, '39NJ1, concerneCl an approved SUbdIvISIon WhICh was to be developed in five sections. The owner had begun development ,of section 1 when the 'entire area was rezoned for industrial uses. The court determined that the developer had a vested right in the first section but remanded the case for the lower court's determination as to (I) the expenditures made for sections Z. 5 and (2) II the practicabili ty and fai rness of restricting the residential development to any section or sections less than the whole." (5) In Virginia Construction Corporation v Fairman (1962) 39 NJl, l87A2d 1 the court made clear, In another case where lot sizes were changed subsequent to a subdivision approval, that these ~annot be included in a calculation of expenses made in reliance, Hthose made without regard to whether the tract was 'developed on a one acre or two acre basis. II ~ !lr'~~""""t' , Memo to Herb Barte~nd P '~~. Z Members June 21, 1973 ' Page 7 ,-.., \ \ \ . (6) Trans-RobIes.Corporation v City of Cherry Hills Village 497 p~j~ lColo. CA l~/2) lS Colorado's closest case In point. The city rezoned establishing 2-1/2 acre minimum lots. Prior to the enactment the developers had made arrangements for sewer.service and installed water and sewer lines and underground utili ties. In addition, there had been a consider- able amount of street paving and installation of curbs and gut ters : all 0 f which improvements were made to serve 1/2 acre lots. On the basis of these facts, the court found that the effect of the 2-1/2 acre minimum zoning would be to foreclose any reasonable use of the land in that no rational system of lots could be laid out on the rezoned property utilizing the then existing system of streets, curbs, gutters, and underground utilities and wate"r and sewer collection systems, . nor could any reasonable combination of lots be put together allowing construction of. a house on a lot of th.e required area with the specified setback. -The cases seem to use one of two tests. The first is called the quantum test which seems to require physical construction. The second is the balancing test in which the court weighs the plain- tiff's costs and right to.use land against the community interest. I think it fair to say as does Anderson in the American Law of Zoning, Section 19.23, that platting itself does not glve lmmunity but relief will be given to a subdivider "whose L..r;rovements were so related to existing zoning regulations and so substantial as to be tantamount to a commencement of use as to qualify him as a nonconforming user. II At this time, it is my impression that D. R. C. has not accomplished such physical construction as to satisfy the sub- " stantialreliance requirements as determined by the caselawJ . ! The Di R. C.counsel argue that P. U. D. approval itself constitutes substantial reliance: The' effect of P. U. D. approval will be discussed below. , b. Acts of the City of Aspen. D. R. C. argues that several actions of the City of Aspen preClude any rezoning affecting their development. (1) . First, "it is their argument that by entering into theP. U. D. and subdivision agreement the city is constractually bound to the use as described in the final development plan. I think it worthy of note that: (a) The document is entirely a one way agreement, Le., all obligations imposed thereby are on D. R. C. (except to accept and record the plat) and no counter obligations rest with the City. --- ""~"',"l~'-_~~'- "n';~"'''""''''~ I . . . J Memo to Herb Bart~and P ~, Z Members June 21, 1973 . Page 8 ~. (b) Paragraph 9 provides that "Notwi ths tanding anything contained herein or referred to the contrary, Subdivider, in developing the property contained in the plat, and other improvements as herein contained, shall fully comply with all appli- cable rules, regulations, standards and la\vs .of the City and other governmental agencies and bodies having jurisdiction." I am not sure of. the consequences of this provision, but it. does make clear that out- side legal.principals are applicable. . (c) Finally, I think it quite clear that any' governmental ~gency cannot by contract bind itself . in terms of future governmental functions and restrain- ing the exercise thereof. Again, the effect of this pl'incipal on the present situation is. unclear. ' (2) Second, D. R. C. argue~ that the acceptance of dedi- catedland by the city precludes rezonlng. There is some merit in this contention. In Ward v City of New Rochelle 204 NYS 2d 144, 168 NE 2d 821 the court held. that a landowner wnose subdivision plat had been.approved by the planning board and who in reliance upon the agreement made, at th~. time of such approval, conveyed 13.3 acres for recreation purposes had a vested right. However, since most subdivision regulations require dedication and it did not seem to affect the cases above cited, its con~.equences are not exactly clear. (3) Thirdly, D. R. C. argues that the concessions made (employee housing, viewplanes, etc.) preclude modification. This would, I think, depend upon what uses could be made.of the land if a rezoning occurred and the development, as planned, did not finish. I will leave to your consideration the extent to which these concessions and their fulfillment would affect the future development of the land in the event of rezoning. (4) F"ourth, D. R. C. contends that the P. U. D. approval, per se, prevents modification. This is a contention strongly pre- sented by D. R. C. To support this concept D. R. C. cited Diamon, supra. This case, again, ..like Telimar, seems to be a minorI"ty opinion. Again, it is' based on the extent of. reliance and does not concern a P. U. D. There are cases in which a P. U. D. is viewed as a unit, not subject to fractionalizing, but none in point. For example in Gary D. Lund v City of Tumwater 412 P2d 550 (Wash 1970) the plaintiff petltloned to annex 2-1/2 acres and do a P. U. D. on it and the adjoining 7-1/2 acres (already in the city). The P. U. D..was'declared:invilid'f6r the 7-1/2 acres (for reasons not relevant to this discussion) while the P. U. D. done simultaneously - ~":","":',,-':'.:;';;",:,.;;,~,,="-~~ if-' "i' ~ . ~~ . .~. 1"""\ Memo to Herb Barte~ and June 21, 1973 Page 9 ~ P &Z Members with annexation was valid. However, the coort held that where 3/4 of the P. U. D. - could not be accompl ished l...i thin the exis ting zoning, the remaining .1/4 must also be diszllowed. Jan Krasnowiecki in "P. U. D.: A Challenge to Established Th:lory and Practice of Land Use Control", 114 U. of Penn. Law Review 47, agrees that in the absence of a statute or substantial expenditures, a P. U. D. develop'er has little protection against rezoning. In Chandler v Kroiss 190 N. W. 2nd 473 (Minn. 1971) the city, in antic~pation. of adopting a comprehensive plan, enacted a P. U. D. 'act. The petitioner had received a P. U. D. prior to the adoption of the -plan. But the plan specified that "All developments or aevelopment plans approved by the Village Council which are not in confanni ty to the plan shall be considered as amendments to the plan and shall be so note-d by the P & Z". It was held that this provision allowed the P. U. D. to survive any. rezoning accomplished by the adoption of the plan. Our court in Moore v Boulder 484 PZd 134 '(Colo. 1971) in discussing the nature ot a P. U. D. said: "Although its intent is to permit diversification of uses, such uses must be in harmony wi th the surrounding neighborhood, must not jeopardize or reduce zoning standar.ds in the area and should prrmote the general welfare of the community." In sum, I can find little support for the contention that a P. U. D. is any less susceptible to rezoning than an approved subdivision. However, the factual elements of this particular P.U. D. may require otherwise and I would like to discuss this matter with you next week if it is of sufficient concern. 2. Rebuttal of Argument that Alternation of Commencement Date is Discretionary with D. R. C. As, I i~dicated earlier I think -that our P. U. D. Act specifically establis1es the procedures to be followed by D. R. C. to anticipate phasing. The development schedule is part of the final development plan pursuant to Section Z4~lO.1. The act further lists 4 conditions one of which must be satisfied before an amendment to the plan can be accomplished. The act further requires an application and hearing. Very truly yours. ~~ Sandra M.. Stu1.ler SMS:mw '.. -'...-.....,..;,~~.....-.......'-~""._.^'"'"" .'., ,'--.-- ._".~..,.~.,..~,-,_. ,-",.,-. cr"-""'" , I I . '"'/ /} \. " j J i , " ,,,.....,, ~. RECORD OF PROCEEDINGS 100 Leaves C. If. ~(,~':Ks. ~...',:I! \., c". R 1 ~l ~. .egu ar . ee ,_~ng Planrcing & ,Zoning (Cont.) April 17, 1973 J plat was outlined, (3) review at the third phase of development to evaluate the parking as to whether additional spaces should be provided, wording was also outlined on the map., L I Also included in the submission, was the approved subdivision plat, master landscaping plan showing existing vegetation and proposed landscaping, walkways and access, the requirement that .relates to on going maintenance of the common areas, and the time schedule for development and completion. Mr. Gaudino pointed out fire protection, storm drainage etc have been overlooked. Mr. Bartel explained that was approved at the time of the approval of the subdivision plat and are covered in the subdivision agreement. That agreement is between the City .Council and the developer. Charles Vidal suggested that wording be added to the plat that when the City transit system is in operation, perhaps the City may want to negotiate with the developer for them to discontinue their. service and contribute to the City system. Chairman Adams closed the public hearing. Goodhard moved t~ recommend approval of the final development plan as submitted. Seconded by Gillis. All in favor, except for Collins who abstained. Motion carried; Mountain Queen Subdivision - Commission reviewed the project prior to the meeting. Jim Reser of Tri-Co Management stated there will be less drainage down Monarch Street than there is presently following the development. Landscaping will be done where excava- tion has taken place. City Engineer Ellis request the retaining wall and the access be . held in abeyance at this time, pending negotiations with adjacent property owners. Clayton Meyring, Building Inspector stated he had conferred with the fire chief Williard Clappe~ and he is concerned about getting proper volume with the existing system. Discussed the size water main to serve the project and under whose responsibility this should come under if a change is required. commission request Mr. Clapper be contacted again and outline the problem and his solutions to the problem. drainage be more specifically outlined. Trail System Plan - Chairman Adams opened the public hearing. There being no comments, Chairman Adams closed the public hearing. specifically Also the Commission reviewed the map outlining the system. Plan has been adopted by the County. Gillis moved to adopt the plan as submitted and recommend same to the City Council. Seconded by Goodhard. All in favor, motion carried. , Victor Goodhard left the meeting. James Adams excused himself due to conflict of interest. "' ~ " .~ ,~. o d RECORD OF PROCEEDINGS 100 Leaves .,.,..... C,.>HlCK':.B.B.&I..C::l. Regular Meeting ~ Aspen'Planning & Zoning A?~i1 17,1973. Meeting was called to order by Chairman James Adams at 5:'05 p.m. with Charles Collins, Victor Goodhard, Bruce Gillis, Barbara Lewis and Charles Vidal. Also present City/County Planner Herb Bartel and Building Inspector Clayton Meyring. Gillis moved to approve the minutes of April 3, 1973, seconded by Lewis. All in favor, motion carried. . View Control - Chairman Adams opened the public hearing. Planner Bartel outlined the amendment as (1) a general amendment to the zoning code to allow for the establishing of view corridors and (2) specific corridor from Glory Hole Park of Independence Pass. Charles Vidal excused himself from the table due to conflict of interest, also Barbara Lewis. Planner Bartel utilized slides and map to outline the view corridor or plain from Glory Hole Park. Emphasized the line shown on the slide is the bottom of the plain. No building would be allowed in the corridor to exceed in height above the base of the plain line. Corridor is approximately 70' wide within the park and expands as you progress towards Independence Pass. Discussed view corridor vs a view plain. Mr. Gaudino stated he felt a corridor would be from ground level up.., ~~. Bartel further explained the engineers call it a view corridor. The line shown on the slide and as defined in the ordinance is the bottom of the view corridor. It would be impossible to maintain a corridor from , the total park or area. Janet Landry also stated she felt the corridor should extend to the ground. ~x. Bartel further explained the strongest point fOr view control is to prctect views from public places. Discussed a corridor through the DRC and Shareholders properties going from ground level. Chairman Adams closed the public hearing. Goodhard moved to amend the supplementary regulations to provide for maintaining of mountain views. Seconded by Gillis. All in favor, motion carried. Gillis moved to recommend to the City Council adoption of the specific view corridor as recommended for Glory Hole Park of Independence Pass. Seconded by Goodhard. Allin favor, except for C~ins who voted nay. Motion carried. ~,:stinat'ion Resort Corporation - Final Outline Development Plan. Mr. "Skip" Behrhorst reviewed with the Commission the plan, !1r. Bartel stated the plan is in full compliance and this matter before the Corr~ission is a matter of review to see that all requirements of the preliminary outline development plan have been met. ' Mr. Behrhorst stated th~re were three items which the City Council reqUest be made a part of'the plan: (1) create adequate right of way through West End Street, triangle that will be dedicated to the City; (2) committment to the shuttle bus service - wording on the , , Regula):' Hecting ~:- ,"-'- Public Restrooms ~._-_.... , ~ '-"', March 12, 1973 Aspen Citv Council Councilman Breasted moved to go ahead with this pro- ject at Wagner Park and Mr. Armstrong bring in color chips to the Council at the time when this decision must be made. Seconded by Councilman Nystrom. Council further requested Mr. Armstrong submit the costs .for winterizing. Roll Call vote- Councilmen Nystrom, aye; Breasted, aye; Marka1unas, aye; Walls, nay; Whitaker, nay; Mayor Homeyer, aye. Motion carried. Destination ~r Homeyer open~d the public hearing on the PUD Resort Corpora- Outline Development Plan. tion, Subdivision Plat and PUD Outline Development Plan City/County Planner Herb Bartel stated there were two parts to this submission- Final Subdivision Plat and Outline Development Plan. Explained the Sub- division plat contains 5.2 acres on land located at Ute Avenue by West End extended. Mr. Bartel out- lined the specific requirements place by the Planning and Zoning COllmlission in their recollmlendation for approval as follows: (1) Access to this development be off of West End Street extension as condition of the first phase of development, paving of 10' in width of West End to Ute Avenue, Ute Avenue has a 60' right-of-way and have requested reservation for an additional 10' right-of-way- deeded to the City not earlier than June of 1975 and not later than June of 1978. (2) The 4% public land to meet that dedication of land has been met by providing a trail on the eastern boundary of the property which does meet this requirement. (3) Plat shows catch basins_ and filtration at the northeast corner of the pro- perty which drainage will be conveyed to the City's storm sewer system at Glory Hole Par~. (4) Sub= division offices, including such technical require- ments as curbs, gutters, utility placement, berm, etc. Council discussed the traffic circulation in that area. Resolutions of the Planning and Zoning Com- mission were submitted. Mr. Bartel further submitted the entire file compiled through the Planning and Zoning COllmlission proceedings. Pointed out there were many letters in the file, all basically con- cerned with the density in that area of the com- munity, not necessarily against the subdivision as outlined. J Outline Development plan was outlined by the ap- plicants. History on why this piece of property was purchased for this development was stated and following points made: (1) established zoning of AR-l for a period of 18 years; (2) located near' the 'core of the City and allows for pedestrian ac- cess; (3) utilities are in close proximity to the property; (4) traffic pattern in the 1966 Master Plan shows Ute Avenue as a major arterial street and (5 )tii&pography is principally flat. Because ef theflexihility of placement of buildings, height: "etc., decided to doa PUD plan. Buildings were pulled l ~lar /r.,~ Meeting , /estination Resot't Corporation ! t ---"_.~. , ^Aspen City Council ,-, March 12, 1973 back more than is required from the perferia of the property in order to mi:'.intain a buffer between the development and the single family residences that are adjacent. Used the saddle of Independence Pass and the trees in Ute Park to establish a view cor- ridor of Independence Pass from Glory Hole Park. In that corridor the buildings are two story. Request for more useable open space was met by eliminating one bUilding. Plan contains a recreational building, swimming pool, tennis courts, children's play area, etc. Total open space minus the parking and buildings is .55%. Statistics based on 10 projects in the same general vicinity were given to the Council relating _to percentage of building coverage, floor area and open ~pace. Parking was reduced by 30% upon request by the Planning and Zoning Commission and in exchange have established a shuttle service that will tie into the transportation plan, providing 100 parking spaces on the premises. Agreed to provide three employee housing units and plan shows 140 condominium units with the major number of units being 2 bedroom. It was ex- plainedthere will be three parking spaces provided off of Ute Avenue for service trucks only. Question was raised by Council why traffic is not fun- nelled onto Original and have West End Street go through. Mr. Bartel explained that if it became necessary at a later date due to additional development in this area and additional 10' paving mat could be made on West End Street. ConCern was raised by Council that dp.dica- tion of these streets be made now rather than waiting for dedication at the time of subdividing. Mr. Feeley representing the Ute City Protection ASSoci- ation read a letter (see file) outlining grounds that the density in the Aspen area should be declared in- valid since it does not follow the Master Plan. The density of this paIn is ,in access~of the goals of Aspen. Mr. Bill Coates stated the main objection be the land- owners in this area is density. As relates to this project do not feel the density is worth having in Aspen, applicant is taking advantage of the AR zoning and hope that Council will table this until the Mas- ter Plan is up-dated.. Feel West End Street should be a continuing street and available to the people of Aspen. With the access as outlined do not feel it is adequate for emergency equipment access. Plan does not provide for service roads within the project. Basically concerned with the traffic in the area. Mr. Bill Gaudino submitted pictures taken off of West End Street showing the .traffic problem. Stated Council m~st think of the impact on the total area by this pro- ject. The problems of parking on Waters, Ute, West End and Original should be solved now. Letter from the Board of Realtors was read by Don Piper basically 'agreeing with the Plan as submitted. Mr. Cowan questioned Council as to how much further development is going to be allowed to occur. U.l.d.:L.. l'.i.C.~l,...L..ll<:'" ;J- .~ ~ 'DeS'i::ina'tion Resort Corporation Engineering Evaluation Study, Transit System Aspen c~cy ~OU~CLL ~larcn lL, 1:;'/,) ..-- .~. Attorney Albert Kern representing Destination Resort Corporation made the following points: DrC is pre- senting a subdivision that has been approved by the Planning and Zoning Cot:unission and in addition an outline development plan. There is no provision un- der review of the subdivision plat for density con- sideration, that should be done through the City Council by zonipg. The PUD plan has somewhat less density than ano~~ed since. the P & Z requested more useable open space. The figures outlined by the Ute City Protective Association relating to voiding of the zoning are incorrect in that there have been many annexations to the City since that time, densities were cut in half in ,the An zone, open space require- . ment was adopted, all happening since the adoption of the Master Plan. The application before the Coun- cil is not density but rather a matter of whether the subdivision requirements have been met. Mr. Feeley stated DRC did in fact go along with all the recommendations of the Planning and Zoning Com- mission. When they were asked to reduce the density they only reduced the density from 153 to 140. In , Aspen occupancy for two bedroom unit~ usually have six people. There being no futher comments, Mayor Homeyer closed the public hearing. Councilman Walls moved that the decision in regard to this request for PUD and subdivision plat be continued to an adjourned meeting On Monday March 19th at 5:00 p.m., seconded by Councilman Whitaker. All in favor, motion carried. ' , , . , Mayor Homeyer recessed the meeting for five minutes while members of the public left the meeting. Meeting . reconvened. r ~. t ~, Mr. Bruce Oliphant stated Snowmass American Corpora- tion and the Aspen Ski Corporation have agreed to donate funds for the engineering evaluation and are requesting 1/3 of the expense to be split between the City and County, City share $1,650. County fur- ther agreed to reimburse the ski corporations if this study comes through with actual implementation. ~,. ~ ~ .' t, , t ,- Mr. Bartel stated he agreed. with this expenditure as the next phase is an engineering phase, the trans- portation plan does not state an exact engineering criteria- trains, lifts, etc. > ~, . t ~. t t \' Councilman Whitaker moved to approve the expenditure of $1,7000 for this engineering study. Seconded by Councilwoman Markalunas. Roll call vote- Councilmen Nystrom, aye; Breasted, 'aye; Markalunas, aye; Walls, aye; Whitaker, aye; Mayor Homeyer, aye; Motion carried. ~ !. I: , , ; . I I i 1 i '- ~{; ,",,," "1 '" -,.,..-"...--,,--- If ~. _.......,~"'-.~..~. .- 1""\ ,.,..,\ March 12, 1973 ~~ I!~~A~ W{~.~~j.'~ '~:l;;pt , f;l MEMORANDUM To: The Aspen City Council .~' FroIn: Destination Resorts There has been much written and said about the Destination Resort condominium project proposed for the approximate 5. 3 acre site located along ute Avenue immediately east of West End Street. This memorandum will briefly outline several of the primary considerations regarding this project. I. Ownership of Property: The subject property is currently owned by the developer, Destination Resorts-Aspen Ltd., a partnership in which Destination Resorts is the general partner. Destination Resorts is a developer of quality resort facilities with permanent offices in Aspen, Colorado and Los Angeles, California. , II. Selection ofthe Site: The subject site. was selected for purchase and develop- ment as a condominium project because it has been zoned for that pUI'pose for many years and this multi-family use is consistent with the zoning of the sur- rounding property. . All utilities required for the project are available in the area; the property is within normal walking distance to the Little Nell ski lift complex and the commercial core of Aspen, and is convenient to the existing bus service. This should minimize the need for residents of the project to use .the automobile, thereby limiting additional parking congestion in the com- mercial _rea. Sfhcll the site is generally flat; . it canbedevelopedWlth minimum disruption of the natnralterrain and damage to thevegetationifthll, PUDpermit 'as recommended by the Aspen Planning Commifision is approved. III. Request for Planned Unit Development Approval: After lengthy discussions with the Planning Department of the City of Aspen, Destination Resorts elected to process for a PUD approval, not for the pm.'pose of increasing density but for . the purpose of allowing for the development of a superior project both for the residents of the subject development and for the Aspen community. As recom- mended for approval by the Aspen Planning Commission, the Outline Develop- ment Plan has several advantages over constructing the project as allowed under the existing zoning code. A. Both the existing and proposed city height ordinances, when applied to this site, would result in undesirable grading; damage to the natural vegetation; and the construction of flat-roofed, monotonous appearing . ',' , ~ -_"-'T.~~"-"I"~ [' ,!q' '. .r. . . " , i i I f \_,,1 :.", . i . i , , i ! I f" "'. ,. [: .' . ':"0 r'..', v > ..', . > :o>,..""".......,,_.~.~ '.' .' . // I ) ^ ^ The Aspen City Council ~11 1:~il~\ ,~ V.A~..J' ~,: "4v;- :"-:'~ . \\(~y ill March 12, 1973 2. buildings. The existing ordinance even allows four-story construction on the northwest protign of the site where it would be least desirable from a planning standpoint. The buildings in the recommended plan have an average height of less than 27.5 feet, which is below the 28- foot limit. The advantages of this plan as recommended are as follows: ,1. It allows the buHdingsJol;l-e developed in proper relationship to >the natural contour of the .land. 2. It minimizes undesirable grading. 3. It minimizes damage to existing vegetation. 4. It enables construction of buildings with variety ,in the roof lines which is aesthetically superior to flat-roofed construction with no height variation. B. The location of the buildings on the site and their recommended heights produce a view corridor from Glory Hole Park to Independence Pass as proposed by the Aspen Planning Commission. C. . The t'Ccommended plan results in considerably more open space than similar projects in the immediate area and in other AR-I zones. The open area for the subject project (total land area less buildings and parking) is 55% as compared to 29% for the ten sample existing projects. The building coverage for the subject project is only 26% instead of the 4~q, coverage in the sample developments. . D. The recommended plan includes 140 saleable one, two, three and four bedroom condominium units plus three employee apartments instead of the allowed 153 saleable units. E.' The project was designed to minimize the disturbance to adjoining property. The buildings along the north boundary ,of the site have setbacks ranging between a minimum of 55 feet and an average of 65 feet, instead of the required five feet. In addi.tion, much of the project open area adjoins the north boundary, and the developer has agreed to landscape the old alleyway as an additional buffer along its north property line as discussed with the City Planner. The natural vegetation along the northeast boundary of the property largely. will be undisturbed and thereby will serve as anatural separation to those adjoining properties. As a result, the building setbacks along that property line are a minimum of 22 feet with the majority of the buildings set back 40 or more feet. , . ~"----r-.,.-"'-'--'~'--~' .:.....r':..-~;.......-.,--~".,.- ,- ,1., ", '- . . ,.. , ,;,...., I. L ',. , I , r".l ,~. > I , , I !' ' ! l f. r- i. f I , . , L , ~, ' ' t I I: I , " ~ -.. t' .".~~"'. ,<' .' ,'" , . ,:_.~,,.,,., ._--"~' ~- . ~ ., . , .; ,,'j I \" '1' \ /"'... ,-, The Aspen City Council . March 12, 1973 n t!;:j~ ""..A~."'\ ~':::.'0l'lI \h (,:>~~ jj ~(~Jt~ iJ 3. F. The recommended plan includes considerable on site recreational facilities, including ~."o tennis courts, swimming pool, jacuzzi, children's play areas, natural open spaces and a complete recreation building with lounge, game room, sauna and meeting areas. G.' The buildings have been sited so as to maximize open areas while maintaining a reasonable relationship between the units and the parking. This has been done in order to give the entire projecfa more open and natural appearance and to provide open views from all units. As a result, the two major building clusters are 140 feet or more apart. H. As recommended by the Planning Commission, the major automobile access shall be from Waters Avenue via West End Street at the north- west corner of the subject site. The balance of West End will be land- scaped by Destination Resorts as an attractive mall in such a way so as to provide eme.rgency vehicle access and maintain the public right of way. I. ., The recommended plan requires a 30% reduction in the required parking spaces to further discourage the dependence on the automobile by Aspen visitors and to improve the general aesthetics of the entire development. Reliable Aspen visitor surveys suggest this will not cuase an increased parking load on adjoining public streets and the project will provide a reasonable shuttle service for its visitors. J.' Also, as required in the recommended Outline Development Plan, Df'stination Resorts .will provide a pedestrian path along the north and east boundaries of the site, will provide a landscaped berm between its north boundary and the homes on Waters Avenue, will landscape the open areas within the project and shall provide on site parking during construction. IV. Utilities: As outlined in the memorandum to the Aspen Planning and Zoning .Commission dated February 15, 1973, the respective authorities have verified that water, sewer, gas and electricity supply is in the area and adequate, and that plans for. fire protection have been approved. . V. Consideration Requested: Destination Resorts respectfully requests the Aspen . City Council to consider the Final Subdivision Plat and Outline Development Plan both as recommended by the Aspen Planning Commission. ,. , ": , ,- f' r', ; , , ;,.1 . -, ~ . 'J """'-<",.- '@' i, i" %' ! 'r ~ _.__"..c_____'~.~....___,..,....-__.__'__,. ".-.......r...'......_~-"._~ ,. . ~' I r. . . " , .i , f , t: ;:;,\~;. '. " ','t ~ ,.-." Final Draft March 8, 1973 ---.- ASPEN PLANNING COMMISSION RESOLUTION DRC OUTLINE 'DEVELOPMENT PLAN WHEREAS, application has been made by Desti- nation Resorts-Aspen, Ltd. for approval of an outline development plan showing multiple family dwelling units and related recreational facilities on 5.27 acres of land located on Ute Avenue at West End Street, and WHEREAS, the Aspen Planning Commission has met in public hearing after giving proper public notice and has duly considered all statements and comments for and against said outline development plan, and WHEREAS, the Aspen Planning Commission has , reviewed said outline development pLan according to the standards of approval as set forth in Section 10.1 of Chapter 24 of the Aspen Municipal Code entitled PUD, Plan- ned Unit Development and finds that: 1. The applicant has submitted information in sufficient detail to enable the Planning Commission to properly evaluate the proposed development in accordance with Section 10.1 (PUD); 2. The outline development plan as submitted includes variations in the building height; 3. The outline development plan as submitted includes a variation (reduction) in the number of off street parking spaces required by the zoning code that serves to deemphasize use of the automobile as the primary trans- portation mode; '/ 1""">-. ^ DRC Outline Development Plan page 2 4. The applicant is the owner of the. property <<' involved; 5. The planned unit development constitutes an area of at least 27,000 square feet; 6. Through the deletion of Building Group , as shown on the outline development plan recommended for approval by the Planning Commission, the development includes suffi- cient open space for the mutual benefit of the entire tract and common land that favor- ably affects the long term value of the pro- ject; 7. The project has been redesigned to provide for a view plane corridor of Independence Pass from Glory Hole Park but will result in the removal of some vegetation in the bluff area in the eastern portion of said project; 8. The project is not in harmony with the sur- rounding single family sections of the neigh- borhood, but is in harmony with surrounding multi-family developments; 9. Major access from West End Street, as shown on the outline development plan recommended for approval by the Planning ColllIllission., will result in traffic circulation that does not require street improvements to Ute Avenue and results in a smaller-street network that will thereby ,-, ~ '-- DRC Outline Development Plan page 3 lower both public and private street con- . . >01> struct~on c'osts. NOW THEREFORE BE IT RESOLVED, that the Aspen Planning Commission, citing the above listed f~ndings as its reasons, does hereby recommend that the Aspen City eouncil approve the outline development plan as submitted by Destination Resorts-Aspen, Ltd. with the following modi- fications: 1. The roof line of Building Group and a por- ., tion of Building Group H shall. be lowered as shown on the outline development plan recom- mended for approval by the Planning Commission, in order to protect the view of Independence Pass from Glory Hole Park; 2. The major access to the project shall be from Waters Avenue via West End Street and shall dead end on West End Street before its juncture with Ute Avenue. A single minor access to the recreation building and three (3) parking spaces shall be allowed from Ute Avenue. West End Street sahlI be retained in its present status as a public right-of-way but the applicant shall be allowed to mall West End Street, 'according to an approved landscaping plan, provided it be accomplished in such a way as to allow emergency vehicles clear and through access along the length of West End Street from Waters Avenue to Ute Avenue; ~ t" .""'\ DRC Outline Development Plan page 4 3. The applicant shall make written committ- .-. - ment to establish a landscaped and bermed' <<: (3 feet in height) buffer area, per an approved plan, between the acceSs from West End Street at the north boundary of the project and the homes on Waters Avenue; 4. The applicant shall make ~ittencommittment to landscape all open areas (wi.th specific emphasis at the project boundaries) according < to the approved landscaping shown on the Final Development Plan, and that said committment be guaranteed by a bond or contract with the City or other acceptable method which will ensure that landscaping is accomplished at the end of each construction phase; 5. One employee housing unit. (designed to accom- modate at least 4 persons) shall be required in each af the three planned phases; 6. Having recommended a 30% reduction in the number of parking spaces required by the zoning code on the outline development plan recom- mended for approval by the Planning Commission, the developer Shall make committments to pro- vide a transportation shuttle service for con- dominium owners and guests as an alternative to the private automobile, at a level of service adequate to serve the project in lieu of the automobile; . . .' I"'" ~ DRC Outline page 5 Development Plan 7. The final development plan shall indicate ~ . the three contemplated construction phases for the project; , 8. A condominium owners association shall be formed to provide for the maintenance of all faciUties owned in common; 9. The developer shall provide for parking on the property during construction. Dated this ilf.- day of fnal1f1A , '1973. &~~~6~L~~~-= Chairman (:,.;'.;' 7/<-/ (7) Aspen Planning & Zoning Commission j $ ,. . ~. . , ~. t , , ,- ! .t'. ~. ~ ~: ~~: , K. - .~ 'it . ",; r ,/" """ ,,0;. ....,~./,.ii/ ' /,:/.' :1" ''f.' :. i:;' e.F.IlQECKEL 8. a.& L. Co. " ,l' . ~.~ , '? . r , i ~ ! !\ 1 1__ f t-.::" " ~. -.<i:' -J f. 'I' t -t , :;:. , . t r 1 . . ., .' ~ "t ..._ 1 I 4 1 f . , i- o. i t , . ~- . i- f ! ~ r " ~ l f I ",'. Destination, Resort Corporation Outline Development Plan ~ ,-, RECORD OF PROCEEDINGS 100 Leaves Adj. Meeting, P & Z, 3/8/73, continued. There being no further comments, Bruce Gillis closed the public hearing. Discussed size of trail- 10' miniinum, 20' mad.'U1.llIl; . revie'l'7ed by the P & Z of the improv~mentagree- mant-Commission agreed they wished the opportunity to do so. Jordan moved to approve the final development plan and directed the Planning office to change the re- solution to include the request by the Commission for the opportunity to review the agreement, prior' . to acceptance by Council. Seconded by Goodhard.' . . All in favor, motion carried. .. Acting Chairman Bruce Gillis left the meeting. Charles Collins took over as Acting Chairman., J Mr. Bartel outlined the following action that has taken place or being requested since first rev~ew by the Commission: (1) list the buildings specically that would be reduced in height for view corridor and state the height of the lower buildings for Council if they wish to make a field inspection; (one building group was re- moved as per requaest of Commission), (2) major aCCeSS from Waters, Avenu~ and three parking spaces off of Ute Avenue, West End Street as a public right-of-way but at this time with only a .10' paving surface; (3) committment to berm the . area. to the north; (4) written committment to do the landscaping; (5) employee housing units on the revised drawings (3); (6) revised plan shows 30% reduction in parking and as a condition a transportation shuttle be provided sufficiently in lieu of the auto; (7) phasing of the project; (8) condominium association formed; (9) provide for construction parking on the lot; (IO) removal of one building group. Mr. Bartel stated he felt all conditions pro- posed by the Commission have been met with the exception of the five parking spaces on the north side. . Jordan moved to approve the out~ine developme.nt plan with the. following change or amendment: re- location of the five parking spaces on the north side of the project and relocate the trail south of the berm. Seconded by Goodhard. Roll call vote- Jordan aye;_ Collins aye; Goodhard aye; Lewis abstain. Motion carried. ... ';:;"""'!:ClI:ELlI.\I.oil,C.). "jI:- "'lJ:"r,.., . J.'r _i' l':' " '*". .... ...... .."";" " , j if ti. :,,~. .:1 i , .. . 'f -'i' . - ; f i r , . j l f ;- , , . . , - F l . i . r . J . t i , -t . ! I t f I , t "; -- I t I , ,'- --"--' Ute Cemetery- Stallard House Destination Resort Corporation ~, ~ RECORD OF PROCEEDINGS 100 Leav8s Adj. Meeting, J,)&Z, 3/8/73, continued. ,:f!:~ . Mr.'Finholm presented the following findsihgs afth, Co=ittee: "(1) Because the Cemetery meets che stan- dards and criteria as outlined in theei.t:)' Zonir'2: Code for designation as en H-Ristorical Ove~lay District; (2) because it has significant . iC"G:~t:ance . historically, architecturally and geographically, .' (3) because the existing use and developcentof Ute Cemetery is in the best interest of the .c~tizens of Aspen, the HPC recommends that public hearings be held to consider Subdivision, now zoned P, Park." " Lewis moved to recommend approval of R-Historic Overlay District for Stallard House and Ute Cemetery to the City Council and City Council schedule public hearing on same for April 9th and the Planning Department prepare the resolutions necessary to the City Council showing the findings of the Commission. Seconded by Goodhard. All in favor, motion carried. 7ra Lewis left the Commission table. t, Final Plat consideration and resolutions on the findings of the Commission relative to preliminary subdivision plat and outline development plan. Acting Chairman Gillis opened the .. public hearing on the final supdivision plat. Commission reviewed with Mr. Bartel the different points of the proposed r.esolution approving the preliminary subdivision plat. . Goodhardmoved to approve the resolutions on the preliminary subdivision plat dated March 8, 1973 and same be referred to the City Council. Seconded by Collins. All in favor, motion carried. -Resolution on conditions for final plat approval was submitted and reviewed with mr. Bartel. Mr~ Bartel made the following .comments: (1) entrance off of Ute Avenue be for access to the three parking spaces only; (2) final plat shall have attached to same, a deed conveying 10' of the alley to the City; (3)&etaehed to the final / plat an attachment showing the location of ewellings, parking lots and lll8'jorfeatures of ~ site; (4) dedication to the City the 10' . strip on Ute Avenue no earlier than 1975 and no later than 1978; (5) improvement agreement with the City. Improvement agreement will be prepared by the P~anning and Engineering offices which will include-such technical requirements as escrow of funds for curb, gutter, catch basin, drainage facilities, fire hydrants and utilities, etc. ','lI. <.'~"."._-~..-,.....,,> ?;.:.,' .~ I"'- MEMORANDUl-l February 15, 1973 To; TIle Aspen Planning and Zoni~ Commission From: Destination Resorts This memorandum is a written statement to accompany the PUD application of Destination Resorts for its proposed project on 5.3 acres located on Ute Avenue. It is supplementary to the plans, sketches and other exhibits pre- . viously submitted to the Aspen Planning and Zoning Commission. I. Ownership of Property; The subject property is currently owned by the developer, Destination Resorts-Aspen Ltd., a limited partnership in which Destination Resorts is the general partner. Destination Resorts is a developer and operator of quality resort facilities with offices in Aspen, Colorado and Los Angeles, California. II. Proposed Project .Schedule: It is anticipated that the project will be constructed 'in three phases. Construction of Phase I is planned to begin in May of this year with completion anticipated in December. The total project should be completed by December, 1975. III. Utilities and Services to Project: A. Water: The plans for the project have been discussed with the City of. Aspen, and they have reported that there is sufficient water available for it. The project system will connect with the existing water line at Waters Avonue adjoining the northwest b01llldary of the property, as shown on the drawings submitted to the city engineer. B. Sewer: capacity to review. The Aspen Metro Sanitation District has verified its handle the project. Plans have been submitted to them for C. Gas and Electricity; Both utility companies have verified that they have capacity for the project and have indicated approval of the plans submitted. D. Fire Protection: Plans for the project have approved by the Fire Chief of the City of Aspen. be installed as recommended. been reviewed and Fire hydrants will E. Roads: Circulation within the pr9ject will be provided by private drives as shown on the plan, and all parking, as required by the zoning ordinance, is accommodated within the site. The permanent, principal automobile access to the project is planned from Ute Avenue as sug- gested by the Aspen City Planner and shown on the plans. Access for ~"1"."'~ .f. . . . , - .'" ,'-' ,-,. Memorand1.lJJl to Aspen Planning 1\ Zoni,ng February 15, 1973 Page 2 ~:; the first phase of the project will be at the northwest corner of the site from West End Street and Waters Avenue. When the permanent access is available, this drive will be closed except for emergency vehicle traffic. After discussions with the City Planner, we agree that West End Street should be closed to automobile traffic except for emergency use, and that it be made as a pedestrian and bicycle path. As suggested by the ci ty, the developer will conuni t to use the money normally required for curbs, gutters and sidewalks to landscape this area along West End as an attractive pedestrian walkway. Also, at the request of the City' Planner, the developer has agreed to provide for an additional ten-foot right of way along Ute Avenue. This dedication will be made when re- quired by the city between June, 1975 and June, 1978. The developer further agrees. to conunit its pro-rata share for the improvement of Ute Avenue from its easterly property line to Original Street when this work is done. IV. Description of Plan: A. General: The total project will contain 153 one-bedroom, two- bedroom, three-bedroom and four-bedroom condominium units in three- story buildings located on the site as shown on the plan, plus a recreation and administrative facility to serve the project. Because the units will primar{ly be one- and two-bedroom units, the ground coverage by the buildings is substantially below the limits of the zoning ordinance. The buildings cover approximately 27% of the total site, and the roads and parking area cover an additional 23%, leaving 50% of the property open. B. Building Locations: The buildings have been sited so as to maxi- mize open areas while maintaining a reasonable relationship between the units and the parking. This has been done in order to give the entire project a more open and natural appearance and to provide open views from all units. As a result, the two major building clusters are 140 feet or more apart. The project was designed to minimize the disturbance to adjoining property. The buildings along the north boundary of the site have setbacks ranging between a minimum of 55 feet and an average of 65 feet, instead of the required five feet. In addition, much of the project open area adjoins the north boundary, and the developer has agreed to landscape the old alleyway as an additional buffer along its north property line as discussed with the City Planner. The natural .r. . . .' . . . "'I . ~ ""........ Memorandum to Aspen Planning & Zoning February IS, 1973 Page ,3 ~ vegetation along the northeast boundary of the property largely will be undisturbed and thereby will serve as a natural separation to those adjoining properties. As a result, the building setbacks along that property line are a minimum of 22 feet with the majority of the buildings set back 40 or more feet. 1:he project plan alsq. was developed to minimize grading aJlddisturbancel of the eJd:stiIl'g' V'e5vL",tioll. Care has been taken to produce a total project which will have outstanding aesthetic characteristics when viewed both from the site and from adjoining properties. C. Building Height: As a result of the developer's attempt to maxi- mize the design qualities of the project, Some of the buildings extend above the proposed 28-foot building height limit. The building heights are noted in detail on the plans previously submitted to the Planning and Zoning,Connnission. Both the existing and proposed city height ordinances, when applied to this site, would result in undesirable grading; damage to the natural vegetation; and the construction of flat-roofed, monotonolls appearing buildings. The existing ordinance even allows four-story constrllction on the northwest portion of the site where it would be least desirable from a planning standpoint. The buildings 'in the plan have an average height of approximately 27.6 feet, which is below the 28-foot limit. The advantages of this plan as presented are as follows: 1. It allows the building to be developed in proper relationship to the natural contour of the land.. 2. It minimizes undesirable grading. 3. It minimizes damage to existing vegetation. 4. It enables construction of buildings which will have variety in the roof line which is aesthetically superio~ to flat-roofed con- struction with no height variation. The proposed plan does not result in more density than is allowed by the existing zoning, nor does it result in the construction of more floors in any building than would be allowed by the 28-foot height limit'- DGBjblr .r: . . . . , J6' ,-~ /"'. 1"". .. 'OR"!~ C. F. MOECKEL D.B. It L Co. RECORD OF PROCEEDINGS 100 Leaves r Regular Meeting , , ; , i f i I ! I I i I I ! ! J ! . ; ; ; .< ! i I I ! I I ! I I Parking Stand- ards, Building Inspector Aspen Planning & Zoning February 6, 1973 Ms. J. poachman was present representing property owners in the Calderwood area and request consideration by the Com- mission be tabled until they could obtain counsel and have sufficient time to review the proposed. (Ute City Protective Association) Concerned with the impact on services, public facilities, environment. Adjacent property owner stated the property isn't quite surrounded by AR property. The Calderwood area is all deed restricted to residential single and duplex develop- ment. Concerned with the fire place pollution, view of Independence Pass, 150 cars with only one access, trail mentioned goes through an asphalt parking lot, sanitation problems, drainage problems, this will affect the entire community. Ms. Janet Landry stated the known average employees for luxury condominiums is one employee per unit, question where these people will park. Mr. Bartel explained the P & Z is only a recommendinci Board, further considerations will have to be given to the final plat by the P & Z and approval by the City Council. Applicant stated the units would be unlimited unit, average people per unit would be 3.5 and the maximum in this devel- opment could be 500 people. View of Independence Pass would not be blocked from Glory Hole Park. Condominium development parking is usually only 50% used since they are out of to~vn owners. Have tried to keep the development 50' from the adj acent properties. . Acting Chairman Adams closed the public hearing. Commission request the applicant stake out the spot of the highest building that would be in line with view of Indep- endence Pass from Glory Hole Park. Mr. Bartel suggest the Planning and Zoning Commission mem- bers conments be discussed at a special meeting and findings be heard at the next regular meeting. Too many technical problems to be discussed at this meeting. Commission agreed to hold a special meeting on February 13th at 5:00 p.m. Mr. Meyring submitted proposed standards to be utilized by the building inspection office. Many spaces are being pro- vided but are impractical to be used. t, , .. I ~ I I ; 'OIIM" C. F.tlOECI(El. 8. 8. It l. '=,. 1""\ ,-.., RECORD OF PROCEEDINGS 100 Leaves Regular Meeting . . i ~ . ! ..; I , . I . j \ I I i i ! j I I I i i 1 Destination Resort Co.r-poration I -, l I ! (J Aspen Planning & Zoning February 6, 1973 co.ncept before appearing before the Board of Adjustment. Charles Vidal arrived. Pro.perty located on Durant across from Rubey Park. Architect explained parking o.n the site is not practical because of curb cut and for maneuvering of cars. Mr. Vidal explained past actions of the Commission have included trying to discourage parking in the downtown and to. de-emphasize the auto. .This property is adjacent to the C-C zone. 'Vidal moved to recommend to the Board of Adjustment the applicant be allowed to live by the sarne parking regulations as the C-C zone and all other requirements of the C-l zone be met. Seconded by Jo.rdan. Allin favor with exception of Co.llins who stated he had a potential conflict. Motion carrIed. ~iminary Subdivision Plat and PUD Plat. Acting Chair- man Adams opened the public hearing. Barbara Lewis and Charles Vidal excused themselves from. the Commission table due to conflicts of interest. Mr. Bartel explained this application is in two parts; (15 PUD plan on land zo.ned AR-l for the purpose of providing flexibility in site planning and height of buildings pro- posed; (2) preliminary subdivision plat. Plat submitted in anticipation' of ordinance now unde.r consideration to include condo.miniums under subdivision definition. Mr. Behrhorst representing the corporation reported the land is lo.cated on Ute Avenue and contains 5.3 acres. Land under consideration is surrounded by AR-l property; principal access will be from Ute Avenue;,12.l:'o.perty steps in grade from Ute Avenue to. the back of the proper~y 2Q!;,some'vegetation of trees.. on thea.creage ; attempting to create smaller build- ings and keep open space; trail system along the east side of the property to connect with Glory Hole Park and to the Roaring Fork River. Providing an additiouallO' along Ute Avenue to meet the 80' right of way requirement. West End will be restricted following Phase land 2 develo'pment and will be landscaped by the owner. First phase includes 45 units, luxury condominiums, owned by out of tmm owners. Subdivision plat showed the exchange of easements with Mr. Benedict for access. '. ;,...---:' !""\ ^ t t RECORD OF PROCEEDINGS 100 Leaves rOll"!' c. ,...lllHCl(ElB. B.~ 1... (~ - ~egular Meeting Aspen Planning & Zoning ~':;. January 16, 1970 Mr. Bruce Gillis was appointed Acting Chairman for the meeting. Meeting was called to order at 5:10 p.m. by Acting Chairman Bruce Gillis with Charles Collins, Charles Vidal and Barbara Lewis. Also present Assistant Cityl County Planner Fred Wooden. ! Mr. Wooden gave the following reports under old business: (1) City Council will be holding a study session on the 18th of January regarding task force for the master plan and regional planning commission; (2) public hearing on method of height measurement has been scheduled for February 20th; golf course master plan not ready at this time, next meeting. i7harles Vidal exc~sed himself from the table, conflict of interest. i Mr. "Skip" Behrhorst and Mr. William Bates representing D~"stin8;tj.QJ1...!~~S?.rt i Com1;anJ:~ gave a presentation of propos'ed subdivision andPUD plan. Public ! tear~ng on the preliminary plan scheduled for February 6th. .! Plan outlined and comments made as follows: (1) will follow PUD plan for condominiums although this is not yet law; (2) total project 153 units, first i phase 45 units; (3) main access off of Ute Avenue; (4) total acreage 5.3 acres; \ (5) buildings. will be jogged in order not to l:,ive the monolitic affect; (6) i' , underground parking; (7) will keep.as much l'latural terrain as possible, min- ;Lmi,zecuts and fill; (8) facilities will include a recreation room, clubhouse, ': hand ball courts, etc.; (9) will create a pedestrian and bicycle path to be included in the 4% open space requirement of the subdivision regulations; (10) the needed right-of-way on Ute Avenue of 80' will be reserved, presently exist- , ing60'; (11) reconnnend restriction of West End Street for el'nergency vehicles ; and used as bicycle path and pedestrian path which will be landscaped and main- tained by the applicant; (12) main height of buildings will be 3 stories and ~7ill not exceed at any point more then 2~' above the height limit requirement; I (13) aiming at 2nd home market; (14) ask that the subdivision process and PUD be reviewed simultaneously. Preliminary.plans will include utility locations . and drainage patterns. To cover the open space dedication would like to put ; a deed into escrow that the applicant would deed to the City not more than 5 1 years hence. Mr. Bates stated he diSCussed with the City Engineer the drain- age problem and decided the drainage would be directed toward the edge of i Glory Hole Park and connect to the existing underground storm sewer at that Jpoint. Present zoning is AR-l. t ~ Mr. Vidal returned to the Connnission table. Salvation Ditch State Planning Grant - Mr. Wooden explained the Salvation Ditch Company had applied for a grant in order to enclose the water flo~ in a concrete pipe, problems with drainage and flooding. Discussed whether the grant application includes money for recreation Le.trail along the ditch. Mr. vlooden to check out. Lewis moved to give approval of the grant application contingent on the fact trails are not included. Seconded by Collins. All in favor, motion carried. ". 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