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HomeMy WebLinkAboutagenda.apz.20110301 AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, March 1, 2011 4:30 p.m. Sister Cities Room CITY HALL I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. 131 Midland Park, Residential Design Standard Variance B. Code Amendment — Affordable Housing percentage of livable area above grade VI. OTHER BUSINESS VII. VIII. BOARD REPORTS IX. ADJOURN Next Resolution Number: 5 7,7 P1 MEMORANDUM �r To: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Direct& FROM: Claude Salter, Zoning Officer RE: 131 Midland Ave - Residential Design Standards Variances, - Public Hearing DATE: March 1, 2011 Applicant: MHRJ3, LLC (Jennifer and Brian Hermelin) Representative: Joseph Spears, Studio B Architects • v ri Zoning: R -6 (Medium - Density Residential) Lot Size: 5,332 Square Feet Land Use: Single - Family Residence , Request Summary: The Applicant is requesting two Variances from certain Residential Design Standards 131 Midland Ave., Existing Front in order to demolish the existing single- family residence and Facade attached garage at 131 Midland Ave and replace it with a new single - family residence and attached garage. Staff Recommendation: Staff recommends the Planning and Zoning Commission require the applicant to achieve some setback if not the full ten feet as required by the standard with regard to the garage setback and to deny the first story element variance request. LAND USE REQUESTS: The Applicant is proposing to demolish the existing residential structures located at 131 Midland Avenue and is requesting the following land use approvals to redevelop the site with a single - family residence and attached garage: • Variance approval from the Residential Design Standards pursuant to L.U.C. Section 26.410.020 D., Variances. The applicant is requesting variances from L.U.C. Section 26.410.040 C.2., Parking, garages and carports (requiring the front facade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house) and L.U.C. Section 26.410.040 D.2., First story element (requiring all residential building to have a first story street- facing element). -, • • • r P2 Figure 1: Vicinity nip sta J, 169. 1 ! t -- GR. ; _. ,_ „,..,„.„ ...;-:.\\;;L., .4„,„ ii. 4 \ err 714,,,,,..„14. CD- ^ " E 68 ./' ` 1 ' i V j ., .. 11r - . • 12C0 ' err , I P ? . _ ; - *• 12L4 1211 . ;it 1 1104 ` • . ,,%---- ^ . -y 6. y 1 . W ; . ' 4 %, * ...'. 03 ti V ' l • d _ ^ g44r, - , • . 40 ,160 257 ��1 ( {[. G Kk7 MRYN5 wwy h. r tt , FI X15; f +� , . : : . Fa, Rms.. ad o 131 Midland Ave. • . Std _i.' ^ `t .� _ ,, t T it3 _ a r ' -', e - !r 0 - ` _ . - ~ i '44 'b1 REVIEW PROCEDURE: A variance from the Residential Design Standards shall be approved, approved with conditions, or denied after review and consideration during a duly noticed public hearing by the Planning and Zoning Commission under L.U.C. Sections: 26.410.020 D. Variances. ' PROJECT SUMMARY: The Applicant is proposing to demolish the existing single - family residence and attached garage located at 131 Midland Avenue and replace them with a new single - family residence and attached garage. STAFF ANALYSIS: RESIDENTIAL DESIGN STANDARD VARIANCES: All new structures in the City of Aspen are required to meet the residential design standards or obtain a variance from the standards pursuant to Land Use Code Section 26.410, Residential Design Standards. The purpose of the standards "is to preserve established neighborhood scale and character....ensure that neighborhoods are public places....that each home...contribute to the streetscape." The proposal has been designed to meet the majority of the design standards. The two (2) design standards that are not met by the proposal are 1.) Parking, garages and carports, requiring "the front facade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house" and 2.) First story element, "all residential buildings shall have a first story street - facing element the width of which comprises at least twenty percent (20 %) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the 12 P3 height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." Parking, garages and carports The parking, garages and carport standard requires that all residential uses that only have access from a public street provide a garage that is set back from the front facade of the house by at least ten (10) feet as represented in the example below which is in the Land Use Code. Figure 2: Garage setback The intent of the requirement is to: minimize the presence of 1 J garages and carports as a lifeless part of the streetscape where r alleys do not exist." As proposed (Figure 3), the new residence's 1 garage is flush with the front -most wall of the house. AVOW ' Figure 3: Proposed garage setback fy 1 ,:.).5.08.0,.,. o \ ! � 6 : ) I / waL ( 2,16,,, i / �� �/ 1 .1% ft* ItiF --- "› . :11 187 , .7 , . . r-i ("At. V* ���``i #15 a 5 cliff ( 1 .1 ' 111 I ' */ /aft , i& 0 lifine 4--,. -1-, „,-iiivii4 4 0 „, ,_ ( , ,,,,,. i „,,,,, _. , // .,,,,,,,,, ,, , 1. fi :SM. 411 ' " 1 ,11 4' . Q ° 4 " TO do iglic 4 w '' / t s / ",,/V: �� JWI�I Ij� j • l i L / 4 i,'-\ .', Ilbit 4. PB L .2( � �r O 1 : -8 .-- * There are two review standards that the applicant is required to meet if the Commission is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate 13 P4 neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Finding: As shown in neighborhood photos within the application (Exhibit A), Staff feels that the Applicant's request to vary the set back requirements of the garage is consistent with the context in which the development is proposed as the neighborhood in which the development is proposed is inconsistent at best with regard to garage location and provides examples of garages that are flush with the facade of the building; however, by locating the garage as proposed greater prominence to the garage is created that does not reflect the intent of the design standard The lot has the space to meet the intent of the standard and is not unduly burdened with an unusual site specific constraint. There exists an opportunity to meet the intent by either moving the location of the garage, moving the garage element closer to the side yard setback and/or moving the front -most wall of the house closer to the front yard setback Staff is recommending that the applicant amend the plan and provide some attempt at meeting the standard Staff find only one of the two criterion met. First story element. The first story element standard requires that "all residential buildings shall have a first story street - facing element the width of which comprises at least twenty percent (20 %) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." Figure 4: First story element The project as proposed has a porch element which meets the depth and width requirements of the first story element standard; however, it is recessed below the 11 El. second story and does not meet the first story element standard that there "shall not be accessible space allowed over the first story element..." Again, there are two review standards that the applicant is required to meet if the Commission is to grant a variance from the standard, Section 26.410.020 (D)(2): a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or 14 P5 b. Be clearly necessary for reasons of fairness related to unusual site - specific constraints. Staff Finding: The residential design standards require certain building elements to be provided "to ensure that each residential building has street facing architectural details and elements, which provide human scale to the facade, enhance the walking experience, and reinforce local building traditions." Staff feels the design of the entry could be amended to provide the required first story element without removing significant portions of the second level. A one story element such as an entryway "provides an appropriate domestic scale for a private residence." The proposed project is not situated on a lot with unusual site - specific constraints. Staff does not find the criterion met. STAFF RECOMMENDATION: In reviewing the proposal, Staff believes that the request does not meet the variance review standards that are set forth in Land Use Code Section 26.410.040 D, Variances. Staff recommends the Planning and Zoning Commission require the applicant to achieve some setback if not the full ten feet as required by the standard with regard to the garage setback and to deny the first story element variance request. RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve Resolution No. , Series of 2011, approving two variance requests from the Residential Design Standards to construct a single - family residence located at 131 Midland Ave." • ATTACHMENTS Exhibit A -- Application 15 P 6 Resolution No. _ (SERIES OF 2011) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING RESIDENTIAL DESIGN STANDARD VARIANCES TO CONSTRUCT A SINGLE - FAMILY RESIDENCE AND ATTACHED GARAGE AT 131 MIDLAND AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. WHEREAS, the Community Development Department received an application from MHRJ3, LLC (Jennifer and Brian Hermelin), requesting Variance approval from certain Residential Design Standards for the construction of a single - family residence and attached garage located at 131 Midland Avenue; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Variance Review Standards; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval of the Variances from two Residential Design Standards — Parking, garages and carports (Land Use Code Section 26.410.040 C.2.) and First story element (Land Use Code Section 26.410.040 D.2.), finding that the review standards for the requests have been met; 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, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Planning and Zoning Commission approves with conditions, the noted Variance requests to construct a single - family residence at 131 Midland Avenue, by a vote of to ( — ), and, WHEREAS, the City of Aspen 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 Commission: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves variances from the following two Residential Design Standards: Page 1 of 5 • P7 • L.U.C. Section 26.410.040 C.2., Parking, garages and carports (requiring the front facade of the garage or the front -most supporting column of a carport to be set back at least ten (10) feet further from the street than the front -most wall of the house). The specific review standard language reads: "The front facade of the garage or the front most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front most wall of the house." and • L.U.C. Section 26.410.040 D.2., First story element (requiring all residential buildings to have a first story street - facing element). The specific review standard language reads: "all residential buildings shall have a first story street- facing element the width of which comprises at least twenty percent (20 %) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front facade shall not be precluded." The Planning and Zoning Commission has determined the variance requests meet the review criteria outlined in L.U.C. Section 26.410.020 (D)(2). These approvals shall permit the Applicant to construct a single - family residence with an attached garage located at 131 Midland Avenue as represented at the public hearing held March 1, 2011. Section 2: The building permit application to develop the above - mentioned residence shall include a copy of the final P &Z Resolution. All other requirements to develop a single family residence shall be submitted as part of the building permit application including but not limited to: adopted building and fire codes, relevant standards within the Aspen Municipal Code such as engineering and water system standards, Aspen Consolidated Sanitation District's rules and regulations, etcetera. Section 3: 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 4: 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 5: All materizl representations and commitments made by the Applicant pursuant to the developme :t i : oposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan P8 development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its meeting on March 1, 2011. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Stan Gibbs, Chair ATTEST: Jackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Site plan (representing approved variance from garage setback) Exhibit B: elevations (representing approved variance from first story element) E-P e NikR ) M A 501 Rio Grande Place Suite 104 t S T U D I O B Aspen, CO 81611 Phone: 970.920.9428 a r c h i t e c t s Fax: 970.920.7822 Summary Le tter Project Hermelin Residence Date: 1 -26-11 Contact Joseph Spears (Studio B Architects) Time: CC: Location: 131 Midland Ave We are requesting a variance form: Section 26.410.040(CX2)(b) — The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street then the front-most wall of the house. Based on the attached diagram it is clear to us that the design guidelines, in this case, do not help protect the pedestrian and neighborhood experience. The constraints on this site and the guidelines actually force the garage to be located as a central and predominant element to the house along with the driveway. Allowing the garage closer to the front -most facade would allow the garage to be located more to the side and screened by existing trees. This would allow a more predominant front door entrance and porch area instead of driveway and garage. We also took a look at the other homes along Midland and many houses have garages that also don't conform to the guidelines. Many lots in the east -end have irregular shapes, which has attributed to the neighborhood less organized layouts. This lot is no exception. Refer to Diagram 1 Existing neighborhood photos Section 26.410.040(D)(2) — First story element. All residential buildings shall have a first -story street facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first - story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first -story element may be a porch or living space. Accessible space (Whether it is a deck, porch, or enclosed area) shall not be allowed over the first story element, however, accessible space over the remaining first story elements on the front facade shall not be precluded. We feel that we have addressed the first -story element by create a recessed entry porch, which comprises 25% of the buildings overall width. The recessed porch is 6' deep. It is our understanding that this requirement is in place to keep residential structures from being a two-story facade without relating to the scale of the different levels of the building. We have addressed this very well by extending the second level over the first -story creating a clear visual break that, brings down the scale of the house, and enhances the viewers perception of two visible one -story elements that relate to the pedestrian scale. To meet the grade challenges on the site we have dropped the recessed porch by 14" below the driveway level. Therefore, the first -story plate height appears from the front elevations to be 9' 6" but from the recessed porch is 10'9 ". In order to meet the guideline that requires that there be no endosed area over the first -story element, we would need to remove a significant portion of the second level and with the tightness of the site would make it un- functional. We did try to extend a canopy out from the recessed porch, however due to the tightness of the site we have located the front of the building directly on the front setback. In order to create any usable backyard and this limits the canopy to 10 ". Refer to Elevations / Physical Model Existing neighborhood photos • cel 5° 0 ik • S7 5°06'00"E 1 • G p�NOc •P L p,NO - CAPE TIES r ,� G N \N 'N � G ` Z p OF O�PG�\M oc' 0t' 0�1' 1, y am • p\• ; ,�L 0 � r ?L\ o O f, pa o c bah ' eh \Ai .Mo N��� F tES p PR r. -- ��� ; N Z P� 0VFL _ J Q �' �OQ LOS , ,� I 20.64' 1 6 :° S75 06 �; �A /�� "G' WALL (17.03 - GO G. I B106ynRD:Bst '' D QPR p N ci� • 6\ co 11 1.O��Rg\ : Y q ). Z Q r Q 11 W 00 U3 1 Of W Z 0 0 U X19 �' \- CD 0 Z cep 11 J - Q , . N 0 Q W �— un 0� I- (9 °zo Pe Y X n= I--- Z 1 W Q Q ct p t1 QO LLCn 0 : m - Q 11 N O 0 O1.g I- LL ��, C/) Z Z z W w H "; I ") z w ! ill11097 .1. P 14 , - - Tim 111 - rC a . . firil 6 P a_ R o �t J �+I p�Ci . Q F I ,./ w It! 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D - - $ ,. . a � y NI a t.., � g ii � 4 1 1 ,3131 ' � ��'% i i x1: , l,• � . . : _. 1 .M. _ - ", 7.4ti' \ �. � . '`n�.4 1.1&' .0 a •I: . - -_ ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: t!Gr 10, /M, c sideAr Applicant: ap S341,10 a it 4 c Location: / M� Ikn Orr . Art , Ca 71141/ Zone District: IQ_ 6 Lot Size: Lot Area: 3.3 2 rF (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 4 7A Proposed: in Number of residential units: Existing: / Proposed: / Number of bedrooms: Existing: f Proposed: V Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: 2/1 Z7 Allowable: 2 9 /R Proposed: Z 8i Principal bldg. height: Existing: 73 r Allowable: 2u' r Proposed: 2 41 Access. bldg. height: Existing: — Allowable: — Proposed: — On-Site parking: Existing: Z - Required: L. Proposed: 2. % Site coverage: Existing: Z7 Required: — Proposed: 33% % Open Space: Existing: Required: — Proposed: Front Setback: Existing: aryl/ Required: /0 Proposed: /0 Rear Setback: Existing: 2.I r Required: /0 I Proposed: /0 Combined FIR: Existing: — Required: — Proposed: ^ Side Setback: Existing: t g N y /o Required: St Proposed: tj / Side Setback: Existing: /S' Required: 7 r Proposed: 7 Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non - conformities or encroachments: Variations requested: SSip es— 26, 410. OLIO cc) (Z)( Seekva Z6. H//). 040 (D) ( 2) CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavmeut of Cite of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ' z 41 lbeci ) (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has s }}tbmittcd to CITY an pplication for at tin e, hit )fir, fltc (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fccs is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the fill extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they am necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its MI costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior lo decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fccs prior to adetermination of application completeness, APPLICANT shall pay an initial deposit in the amount of S tsrpr,— which is for G hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of 5245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT e By: By: S st pi. 40 tit rt ( Mig0 1 /0 b aro Chris Hendon Community Development Director Date: 0/ Billing Address and Telephone Number: (P an. a dub Ala /1ehk. by ta Mr 470 tr. I ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Nance: l- 4t trot. e [IVl #e idence. Location: 13/ �M erte Y +.. A "Oa Co RAS/ (Indicate street address, lot & block number, lega des ription where appropriate) Parcel ID # (REQUIRED) 27 3 71 ? M701,7 APPLICANT: p Name: /lriaet. r Jets n 4 /er bitepmelivt Address: ? 2 2Oa t Rimy //7/7 Rei gay 4ant ,St nv S alt 44932 Phone #: Z S1$ - 5147- 87 240 REPRESENTATIVE: Name: cl-as 0 b 0 reit sleets Address: 601 Rid 11• nig C r /set 'Sai/.e. /two% Drip., Co NW/ Phone #: 770 -9e" - ?'/2$ TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040Greenline,Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bhiff condonliniumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion t o Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) . i , Q / 1 I , ... I I. I • - fontay home_ t e7Z'/ 7 .I i: PROPOSAL: (description of proposed buildings, uses, modifications, etc.) • / / .Al Have you attached the following? FEES DUE: S Pi' )'Pre- Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Fonn ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3 -D Model for large project All plans that are larger that 8.5" X 11" must be folded. A disk with an electric copy of all written text (Alicrosoft Word Format) must be submitted as part of the application. Large scale projects should inchtde an electronic 3 - model. Your pre- application conference summary will indicate if you must submit a 3 -1) model ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: ilat p,I e Reri n6 Applicant: Re. S/,. anff i Location: a / Mh a, A' ___ rot (n 24S/ Zone District: R- Lot Size: .,S32 Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: VA. Proposed :: 'V /4 Number of residential units: Existing: / Proposed: r Number of bedrooms: Existing: 3 Proposed: 9 Proposed % of demolition (Historic properties only): 7 A. DIMENSIONS: Floor Area: Existing :14/2.9 Allowable: p a$ Proposed: 2 77; Principal bldg. height: Existing: 23 f Allowable: 25 r Proposed: a r $14 " Access. bldg. height: Existing: i Allowable: .— Proposed: i On -Site parking: Existing: 3. Required: Z Proposed: Z. % Site coverage: Existing: z7 % Required: -- Proposed: 33'0 % Open Space: Existing: — Required: — Proposed: — 4 Front Setback: Existing: $ t yr Required: /D' Proposed: /Z' // Rear Setback: Existing: Z/ ' Required: /D ' Proposed: 2.0 Combined RR: Existing: Required: — Proposed : -- Side Setback: Existing:: i Required: r'S' Proposed: 6 '/p 8 Side Setback: Existing: /S Required: 5 Proposed: n Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed• Buildings Existing non- conformities or encroachments: // Variations requested: t� ' C Clmn–. , / "ea -1 d' coal eredaiA'n.. CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan DATE: 10.20.2010 PROJECT: 131 Midland Ave. REPRESENTATIVE: Joseph Spears, Studio b Architects DESCRIPTION: The Applicant is proposing to demolish the existing dwelling and redevelop the lot with a single family residence. The new residence is required to meet certain • residential design standards and the representative is requesting a variance from Section 26.410.040(C)(2)(b). Relevant Land Use Code Section(s): 26.306 Common Development Review Procedures 26.410.040 Residential Design Standards Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/pdfs/depts/41/landuseappform.pdf below is a link the Land Use Code for your convenience: http://www.aspenpitkin.com/ Departments / Community- Development/Planninq- and - Zoninq /Title -26- Land- Use -Code/ Review by: Community Development for completeness, Planning and Zoning Commission hears the case. Public Hearing: Yes, before the Planning and Zoning Commission Planning Fees: 1,470.00 This includes six (6) hours of staff time. Additional staff hours, if needed, will be billed at $245 per hour. Referral Fees: N/A Total Deposit: $1,470.00 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre - application Conference Summary. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Total deposit for review of the application. ❑ 10Copies of the complete application packet and maps. 7 n 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 2' Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. ❑ Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)- preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. • A 27 10 11.06a • p.1 • 501 Rio Grande Place • Suite 104 • 7 ( U n i✓ Aspen, CO 81611 Phone: 970.020.9128 ..I [ E l 1 l Fax 970.020.7822 Nitticrted tepre9en . Project Hermelin Residence Date: 10 To: Jennifer Phelan (Cony Loc atiori: 131 Midland Ave. Development) Aspen Colorado, 81611 Brian and Jennifer Hermeln, whose address is 131 Midland Ave. Aspen, Colorado 81611, give authorization for Studio B Architects, whose address is 501 Rio Grande Place 4 spen , Colorado 81611, to act as (heir representative through the process of applying for a variance from The Aspen . Residential Design Standards Section 26.4.410.040©(2)(b). • r \ ► tic B -n ermefn e Date: Jennife ` • . -lin Date: 1 j 1 • 1 7 (• r � „ IO rLG�Ia l Studio B Architects Date: I I 1 • i I • / I I ALTA OWNER'S POLICY- 10 -17 -92 _ POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, TFIE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND S71PULATIONS, STEIVART TITLE GUARANTY COMPANY, a Texas 0. I corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against toss or damage, not exceeding the Aniotmt of Insurance stated in Schedule A. sustained or incurred by the insured by reason of I. Title to the estate or interest described in Schedule A being vested other than as stated therein; ■ 2. Any defect in or hen or encumbrance on the title: • 3. Unmarketability of the title; A. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE GUARANTY COMPANY Chaim. r ta, te•yd �:� -'A' rOlt tin..... we im jo ' v • Countersigned: 1' • _ Authorized CounterSlgna.4 , -F. /'- Stewart Title of Aspen. Inc. 020 Gast I Iopkms Avenue Aspen, CO 816 (970i92 EXCLUSIONS FROM COVERAGE rtie following matters arc expressly excluded Rom the coverage of this pulley and the Company will not pay loss or damage, cost >, attorney? fees or expense> which arise by reason of 1 (a) Any lam.. ordinance or governmental regulation (including bul not limited to budding and zoning laws. ordinances, or regulations) rewriting, regulating, prohibiting or relating to 0) the occupancy, use, or enjoyment of the land, (n) the character. dimensions or location of any improvement now or hereafter erected on the land; (m) a separation in ownership or a change in the dimensions Of area of the land ot any parcel of which the land is or was 1 pail, or (iv) environmental proleclion, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a nonce of the enforcement thereof or a notice of a defeat, )ten or encmnhrarce resulting (rum a violation or alleged violation affecting the land has been recorded in the public records al Dale of Policy (b) Any goscrnmental police pnsser not excluded by (a) above. except to the extent that I notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 1 Rights of eminent domain unless nonce of the exercise thereof has been recorded in the public records at Daie of Policy, but not excluding from coverage any faking which has occund prior to Date of Policy which would be binding on the tights ofo purchaser for value without knowledge Defects, hens, encumbrances, adverse claims or other matter, sal created. suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in she public records at Dale of Policy, but knmro lo the insured claimant and not disclosed in oiling 10 the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, • (c) resulting in no toss ur damage to the insured claimant id) attaching or created subsequent to Date of Policy, or re) resulting in los, or damage which would not have been untamed if the Insured claimant had paid value for the estate so interest insured by this policy. Serial No. 0- 9702 - 359407 Pa_> I old AI TA OW ibR'S ?Ol Ill It:.l? -92 i n-_ ____ .. _ I Illw 4. Any chins, which arcs out of the transaction vesting in the Insured the estate or interest insured by slut policy by reason of the operahm of federal bankruptcy, state msohxney or similar creditors' rights laws. that is lased m: (a) the lrans,clion creating the estate or interest insured by this policybeing deemed a fraudulent convey-nce or fraudulent transfer, or I ! ' (b) the (nnsaetim creating the unite nr interest insured by this policy being deemed a preferential transfer except where the preferential Transfer results from the failure. (0 to lately record the instrument of transfer; or ti) of such recordation to impel notice to a purchaser fur value or a judgment ur lien creditor. CONDITIONS AND STIPULATIONS I L DEFINITION OF TEIt%1X. I i i i The following terms when used in this policy mean, (a) "Insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the minted insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited lo, heirs, dismtulces. devisees. • sun•ivors, personal representatives, next of kin, Or corporate or fiduciary successors. (b) "insured claimant ": an insured claiming loss or damage. I (c) "knowledge' or "known ": actual knowledge, not constructive knowledge of notice which may be imputed to an insured by reason of the public records as defined in this policy or any otter records which impart constructive melee of matters affecting the land. (d) land" Ihe lend described or referred to in Schedule A. and improvements affixed thereto which by law constitute real prnperty. The term "land" dots not Include any property beyond the lints of the area described or referred lo in Schedule JAJJCJ. nor any right, tide, inhered, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to wticks right of access to and from the land is insured by this policy. (e) "mortgage" mortgage, deed of trust, Must deed, or usher scarily instrument. (fl'public records": records established under slate statutes at Part of Policy for the purpose of imparting constructive notice of natters reaming to real I property to purchasers for value and without knowledge. With respect to Salim 1(a)(iv) Of the Exclusions From Coverage,'publie records" shag also include environmental protection liens Oled in the records of the clerk of the United States district court for the district in which the hnd is loaded. (g) "unnarketabigly of the title' an alleged or apparent muter affecting the lick to the land. not excluded or excepted from coverage, which %mold entitle a purchaser of the estate cr interest described in Schedule A to be released from the obligation to purchase by virtue of a rnnlrectual condition requiring the delivery of marketable title. ' t. ('ONTI,YCATION OF NSI'RANCE AFTE CONVEYANCE OF TITLE. The coverage of this policy shall continue In force as of Dale of Policy in favor of a n insured only so long n the insured retains an estate or interest in the land, or holds an Indebtedness secured by o purchase money mortgage given by a purchaser from the Insured, or only so Icng as the insured shall have liability by reason of covenants of wwnanly made by the insured in any transfer or conveyance of Ihe estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either 0) an estate or interest in the land, or (iii en indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO DE GIVEN OY INSURED CLAIMANT. The insured shall notify the Company promptly in writing f0 in case of any litigation as scl forth in Section 4(a) below, (n) in ease knowledge shell corns to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, ur (iii) if title to the estate or interest, as insured. Is rejected as unmarketable. If prompt notice shall of be given to the Company, then as to the insured all liability of Ihe Company shall terminate wish regard to the nutter or matters for which I prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of a ny insured under this policy unless the Company shill be prejudiced by the fa ilure and then rely to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DITTY OF INSURED CLAIMANT TO COOPERATE. (al ltpon WTi lten Iequcst b y the insured and sohject m Ihe options contained In Serum 6 of these l'nndrtmm and Slipohhons, Ihe Company, at its awn cost and without unreasonabl delay, shall provi for Ihe del'ense of an insured in litigation in which any third pang asserts a claim adverse to Ihe title or interest as Insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. me I Company shall have the right to select counsel of its choke (subject to the right of the insured to object fcr reasonable cause) to represent the insured as to those staled causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured In the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have theright, at its own cost, lo institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or in prevent or reduce loss or damage to the insured The Company mayuke any appropriate action under the terms of this policy. whether Or not it shall be liable hereunder, and shall not (hereby concede liability or waive any provision of this policy. If the Company shell exercise its rights under this paragraph, it shall do so ditigeetly. 1 (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any Iitiplicm to final determination by acourt of competentjunsdiction and expressly reserves the right, in its sole discretion, in sepal from any adverse judgment or older. - (d) In all arcs when this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shell secure to she Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at iu • option, the name of the insured for Ihis purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all 1 reasonable aid (1) in any action or proceeding, securing evidence, obtaining witnesses, prnscculing nt defending the action or proceeding. or effecting settlement, and (ii) M any other lawful act which in the opinion of the Company may be necessary or desinbk to establish the title to the estate or interest as insured. If Ihe Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, pmsecule, or continue any litigation, with regard to Ihe miner or mil lers requiring such cooperation. I ! Serial No. 0- 9701.359407 I IL Page 2 o AffA OWNER'S POLICY 10.17.92 i 1 1 1 5. PROOF OF LOSS OR nA \IACE. In addition to and aler the notices required under Section 3 os these Condi buns and Stipulations hose been provided the Company, a proof of loss yr damage signed and nom to by the Insured claimant shall be famished to the Company within 90 days after the insured claimant shall a>cutam the Pan i, giving rise to the loss or damage The proof of loss or damage shah descnbe the defect in, or hen or encumbrance an the title, or other maser insured 'gauss I by this policy which constitutes the basis of loss or damage and shall state. to the extent possible, the basis of calculating the amount of the loss or damage It I the Company is prejudiced by the (allure of the insured clamant to provide the required proof of tin 01 damage, the Company's obligations to she insured I under the policy shall terminate. including any liability or obligation to defend. prosecute, or continue any litigation, with regard to the mater or nutters i ! requiring such proof of loss or damage In addition, the insured claimant may reasonably he ;Nutted to submit n examination under oath hy any authorzed representative of the Company end shall product for examination. inspection and copying, at such rcasonaby loon and places as may he designated by any authorized representative of the Compaq, ell records. books. kdgeas, checks. correspondence and memoranda, whether bearing • date before or after Dale of Policy, which reasnnahlypram ' to the loss or damage Further. if requested by any authonzed representative of the Company. the insured claimant shall grant its permission, in waiting, for ' i any authorized representative of the Company to examine, Inspect and copy all record >, books, kdgers, checks, correspondence and memoranda rn the custody br control of a third party, which reasonably pertain In the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, u u necessary in the administration of the claim. Failure or the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission in secure I' reasonably necessary info n atinn from Third parties ere required in this paragraph shall terminate any liability of the Company under this policy as so that clam I 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. 1I In case of a claim under this policy, the Company shall have the following additional options I II (a) To Pay or Tender Payment of the Amount of Insurance. I (1) To pay or tender payment o(Ihe amount of insurance under this policy together with any cosh, attorneys' fees old expenses incurred by the insured claimant, which were authorized by the Company. up In the time of payment or tender of paynxnt and winch the Company is obligated to pay (il) Upon the exercise by the Company of this option. all Lability and obligations lo the insured under this policy. other than to make the payment required, shall terminate. Including any liability Or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the I Company for cancellation 11 I Ili) To Pay or Otherwise Settle With Panics Other than the Insured or With the Insured Claimant. (s) to pay or otherwise settle with other parties for or In the name of an Insured claimant any claim insured against under Ihrs policy, together with any cons, ettomeys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or 00 to pay or otherwise settle with the Insured claimant the loss Or damage provided for under this policy, together with any costs, atloneyi fees and expenses incurred by the insured claimant which %vac authorized hy the Company up to the time of payment and which the Company is obligated to pa I, Upon the exercise by the Company of either of the options provided for in paragraphs NO) or Ut. the Company's obligations to the insured under this policy for the claimed loss or damage, other Than the payments required to be rude, shall remlinate, including any liability or obligation to defend. prosecute or ecniinue any litigation 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy u a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured clamant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein descnbed (a) The liability of the Company under this policy shall not exceed the las of (i) the Amount of Insurance stated in Schedule A, et, 01) the difference between the value of the insured estate us interest as insured and the value of the insured estate or interest subject to the defect. lien or encumbrance insured again) by this pokey N) In the event the Amount of Insurance slated in Schedule A al the Date of Policy a less than SO percent of the value of the insured estate or interest or the full consideration paid for the land. whichever is less. or if subsequent to the Date of Policy an improvement is erected on the land which Increases the value of the insured estate or interest by at last 20 percent over the Amount of Insurance staled in Schedule A, Then this Policy is subject to the following (i) When no subsequent improvement has been made, as to any partial foss. the Company shill only pay the fuss pro rain in the proportion that the amount of msumnce al Date of Policy bean m the total value of the insured e state or r interest at Dale of Policy, or w a cubscqusnt Improvement has been made. as In pity partial loss, the ('naqun) shall only pay the loss pm eta m the proportion That 120 pemem of the (ii) A here of Insurance sated m Schedule A bean to the sum of the Amount of Insurance stated in Schedule A and the amount expended for du improvement ilia provisions of This paragraph shall not apply to costs. attorneys' fen and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, I O percent of the Amount of Insurance stated in Schedule A (c) The Company will pay only those cosh, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations I A. AI'PORTION'M ENT. 1 If'the land described in Schedule A consists of Ivan or more parcels which are not used as a single site. and a loss rs established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy w as divided pro rata as to the value on Dale of Policy of ea s eparate parcel to the whole, exclusive of any improvements trade subsequent to Due of Pnhcy, unl a )iabilily or value ha; mherwise bean agreed upon as m each parcel by the Cumpxnr and the rnsurcd at the dime of she isswnre of This pobry and shown b an express statement or by an endorsement attached o this policy I i , Serial No. 0- 9701- 359407 t Rate 3 of4 ALTA OWNER'S POLICY 10-17-92 1 9. LIMITATION OF LIABILITY. (a) if the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a nght of access to or from the land, or cures the claim of unnurkeuhilily of title, all as insured, in a reasonably diligent manner by any method, including Irrigation end the completion of any " appeals therefrom it shall have fully performed its obligations with respect to that nutter and shag not be liable for any loss or damage caused thereby. i (b) In the event of any litigation, including litigation by the Cornpany or with the Company's consent, the Company shall have no liability Ru loss or ! damage until there has been a final deusminalion bya cars of conpetentjurisdiction, and disposition dell appeals therefrom, adverse to the tide as insured. (e) The Company shall not be liable for loss or damage to any insured for liability votuntanly assumed by the insured in settling any claim or suit without the prior written consent of the Company. I ! 19. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OFLIA BILITY. f All payments under This policy, except payments made for costs. attorneys' fees and expenses, shall reduce the amount of the insurance pro unto. `; II. LIABILITY NON-CUMULATIVE. It a expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any roliry insuring a montage to which exception is taken in Schedule H or In which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred In in Schedule A, and the amount so paid shall be deemed a payment 1 ' - under this policy to the insured owner. 12. PAYMENT OF LOSS. (al No payment shell be nude w nhoul producing this policy for endorsement of the payment unkss the policy has been lost or destroyed, in which case . prool'ofloss or destruction shall be thmished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the lass or damage i shall be payable within 30 days thereafter. 17, SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Sabrogallon. \Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subtotaled to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect M the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on atenunl of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogaled to these rights and remedies In the proportion, which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that pan of any losses insured against by this policy which shall exceed the amount, If any, lost to the Company by reason of the impairment by the insured Oilmenl of the Company's right of subrogation. (b) The Company's Rights Against Non- Insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds. n otwilhstanding any 1 emu or conditions c ontained in t hose instruments which p rovide for subrugatitm rights by reason of this policy. 14. ARBITRATION. . Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Tide Insurance Arbitration Rules of the American Arbitration Association. Arbitrable Hatters may include, but arc not limited lo. any controversy or claim between the Company and the insured arising out of or relating to This policy, any service of the Company in conneetinn with its issuance or the breath of a policy provision or other obligation. All arbitrable nutters when the Amount of Insurance is $1,000.000 or less shall be arbitrated at the option of either the Company or the insured. All nrbienble 1 matters when the Amount of Insurance is in excess of 51.000.000 shall be arbitrated only when agreed to by bosh the Company and the insured. Arbitration ! pursuant to this policy and under the Rules in effect an the date the demand for arbitration is made or, at the option of the Insured. the Rules in effect at Date ' of Policy shall be binding upon the parties. The award may include atoneys' Res only if the laws of the stale in which the land is located pant a court to ' award attorneys' Ices to a prcvalling party. Judgment upon the awaml rendered by the Arbitrator(s) may be entered In any court having Jurisdiction thereof. The law of the sites of the land shall apply to on arbitration under the 'Title Insurance Arbitration Rules A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. ! (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting anyprovision of this policy, this policy shall be construed ar • whale. lb) Any claim of loss or damage, whether or not based on negligence, and which arises out of the sinus of the title to the estate nr interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made exnpl by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or salidating o0icer or authorized signatory of the Company. 16. SEVER/km I.ITY. In the event any pmwisnn of the policy is held invalid or unenforceable under apphcahle lay., the policy shall be deemed not I0 include That provision ' and all other provisions shall remain in Cull force and effect. I 17. NOTICES. N71ERE SENT. All notices required to be given the Company and any statement in wnhmg required to be furnished the Company shall include the number of this policy i . and shall be addressed to the Company at P. 0. Box 2029 Masten, TX 77252 -2029. Serial No. 0 9701 759407 Peac4 or4 AL TA OWNER'S POLICY 10-17-92 : I I ALTA OWNER'S POLICY SCHEDULE A Order Number: 42962 Policy No.: 0 -9701- 359407 Date of Policy: October 14, 2004 at 1:19 PM Amount of Insurance: S1.850,000.00 Premium: S2,429.00 1. Name of Insured: WHRJ3, LLC, a Michigan limited liability company 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: WHRJ3, LLC, a Michigan limited liability company 4. The land referred to in this policy is described as follows: See "Exhibit A" attached hereto STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY SCHEDULE 8 Order Number; 42962 Policy No: 0 -9701- 359407 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes and Assessments for the year 2004, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Any vein or lode of quartz or other rock in place bearing gold, silver cinnabar, lead, tin, copper or other valuable deposits claimed or known to exist March 23, 1885 and the right of the proprietor of any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits for the purpose of extracting and removing the are from such vein or lode should the same be found to penetrate or intersect the premises, all as reserved in patent recorded June 17, 1949 in Book 175 at Page 246. 8. Restrictions that only single family dwellings and outbuildings pertaining thereto shall be constructed on these lots. No unpainted metal roofs and no unpainted metal siding will be permitted. No structure shall be placed on these lots which exceeds twenty feet in height, (chimneys excluded), measured vertically from the lowest point of intersection of said structure with the natural grade of the land, to the highest point of roof ridge. No structure shall be placed within fifteen feet from the East boundary of lot number nine (9) as set forth in deed recorded June 18, 1959 n Book 188 at Page 2. 9. Easements, rights of way and all matters as shown on Survey of subject property recorded May 22, 1998 in Plat Book 45 at page 15 as Reception no. 417191. STEWART TITLE GUARANTY COMPANY STG Index of Endorsements to Policy STEWART TITLE GUARANTY COMPANY INDEX OF ENDORSEMENTS TO POLICY COLORADO Agent File No.: 42962 Insured: WHRJ3, LLC, a Michigan limited liability company Policy No.: 0- 9701 - 359407 Policy Form: ALTA Owners Policy 10 -17 -92 Charge: $2,429.00 The Endorsements indicated below are attached to the above referenced Policy: ENDORSEMENT 110.1 Deletion of Standard Exceptions Charge $ 150.00 501 Rio Grande Place Suite 104 t Aspen, CO 81611 S T U D I O B Phone: 970.920.9428 a r c h i t e c t s Fax: 970.920.7822 Vicin M ap Project: Hermelin Residence Date: 11 -15 -10 Contact: Joseph Spears (Studio B Architects) Time: CC: Location: 131 Midland Ave Aspen Co 81611 y d ae11 cm i Begs, �'tie i P , , SI f Aaym '+ < nk g ' ° p _ i � r w , F et knee fr. 1 ' • ; c ''A '4'4%4! s ?. t, 4a J9 s 1 1 t rirr , E p°4Ei a, r"+ dy A y j {� ( pvy� � q � E4, .4ne : ab tH \ i d t GNR 11> + fr s � 4. h ,� Pcar � ,y f h MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Sara Adams, Senior Planner RE: Affordable Housing GMQS code amendment DATE: February 15, 2011 MEETING DATE: March 1, 2011 Projects that are required to develop affordable housing, with the exception of single family and duplex residences, are reviewed by the Planning and Zoning Commission for Growth Management approval pursuant to Section 26.470.070.4. This Section requires affordable housing to meet specific criteria related to compliance with the Aspen/Pitkin County Housing Authority (APCHA) Guidelines including: mitigation requirements; ownership requirements; affordable housing credit eligibility; and the requirement that 50% or more of the unit's net livable area is at or above finished or natural grade, whichever is higher. Similar to design variances for Accessory Dwelling Units, Staff proposes a code amendment that permits the percentage of the unit's net livable area that is at or above finished or natural grade to be varied at the discretion of the Planning and Zoning Commission through the Special Review process. BACKGROUND: During the Conceptual PUD review process for the Aspen Walk project (404 and 414 Park), the intent of the review criterion that requires half of a unit's net livable area to be developed above natural or finished grade was discussed. Aspen Walk proposes "garden level" affordable housing units that are 2 or 3 feet below grade, and more than 50% of the units' volumes are above grade, however, the units do not meet the current criterion noted in italics above. The Applicant and Staff both agreed that a code amendment to allow specific sub -grade affordable housing units was appropriate to bring forward. It is Staff's opinion that the intent of this criterion is to prevent sub -grade affordable housing units that are unlivable; however the standard does not differentiate between livable and unlivable units that may be partially sub - grade. There is no flexibility for the Planning and Zoning Commission to vary this standard considering site constraints, the overall project and most important, the design and livability of the units. It can be argued that not all sub -grade spaces are unlivable — well designed sub -grade spaces with, for example, large windows and a sunken patio can be a very livable and private residential space. Staff proposes the following code amendment to permit the Planning and Zoning Commission, with a recommendation from the Housing Board, to vary the requirement that 50% of an affordable housing unit's net livable is located above natural or finished grade through the Special Review process. Affordable Housing GMQS Code Amendment P &Z memo, March 1, 2011 Page 1 of 3 PROPOSED CODE AMENDMENTS: (see attached resolution for reference) Section 1: 26.430.030 Applicability. The proposed change adds the ability to vary the affordable housing unit criteria for net livable space through Special Review. The Code currently permits ADU and Carriage House design standards to be varied through the Special Review process. This amendment would allows Affordable Housing Units to be varied through a the same review process but subject to different review standards. Section 2: 26.430.040 Review standards for special review. Staff proposes that, based on a recommendation from the Housing Board, the Planning and Zoning Commission has the authority to grant a variation of the percent net livable above grade for affordable housing units subject to the following criteria: 1. The proposed affordable housing units are designed in a manner which exceeds the expectations of the Aspen Pitkin County Housing Authority Guidelines, and promotes the unit's general livability by exceeding minimum requirements of two or more of the following conditions: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more windows than the Building Code requires. c. Net livable unit sizes exceed minimum requirement. d. Site amenities, such as access to outdoor space, private patios or balconies, carshare memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 2. The proposed affordable housing units are designed in a manner that meets the following criteria: a. Compatibility with the character of the neighborhood. b. Design is an appropriate response to unique site constraints, such as topography. The review criteria listed in Part 1 are similar to the standards that the Housing Board apply to projects that request a variation of the minimum net livable unit size. The goal is to ensure that the housing units provide a positive livable experience by exceeding at least 2 of the following: excess storage, minimum unit size, site amenities, or energy efficient units. It is important that the quality trade -off of varying the amount of sub -grade net livable space in a housing unit is balanced in other areas of the unit or housing portion of the project. The Housing Chapter of the AACP states that "housing policy should emphasize the development of neighborhoods and community, not just units." Part 1 of the criteria addresses the individual unit design, while Part 2 of the criteria steps back and assesses the proposed project from a comprehensive perspective by considering the impacts of sub -grade units on neighborhood character and site constraints to encourage the project to positively respond to the natural and built landscapes. Affordable Housing GMQS Code Amendment P &Z memo, February 15, 2011 Page 3 of 3 Section 3: 26.470.070.4 GMOS — Affordable Housing. Staff proposes to add language to Section C to allow the dimensional requirement to be varied via Special Review. HOUSING BOARD RECOMMENDATION: The Housing Board recommended in favor of the proposed code amendment language at their regular meeting on February 2, 2011 with a 4 -0 vote. NEXT STEPS: Review by City Council. REQUEST OF THE P & Z: Planning and Zoning Commission is asked to make a recommendation to the City Council regarding the proposed code amendments in the attached draft resolution. STAFF RECOMMENDATION: Staff finds that the proposed amendment is consistent with the AACP, as outlined in Exhibit A, and recommends that the Planning and Zoning Commission recommend approval to City Council. ATTACHMENTS: Resolution # , Series of 2011 Exhibit A — Section 26.310.040 Standards of Review Exhibit B — Housing Board Recommendation Affordable Housing GMQS Code Amendment P &Z memo, February 15, 2011 Page 3 of 3 RESOLUTION No. (Series of 2011) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET APPLICABLE STANDARDS OF REVIEW: 26.430.030 SPECIAL REVIEW — APPLICABILITY, 26.430.040 REVIEW STANDARDS FOR SPECIAL REVIEW, AND 26.470.070.4 GROWTH MANAGEMENT QUOTA SYSTEM - AFFORDABLE HOUSING. WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen Land Use Code, the Director of the Community Development Department initiated amendments to the Land Use Code related to the review standards for Affordable Housing Growth Management Review; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.430.030 Special Review Applicability, 26.430.040 Review standards for Special Review, 26.470.070.4 GMQS - Minor Planning and Zoning Commission applications for Affordable Housing, as described herein; and, WHEREAS, the amendments proposed herein are consistent with the Aspen Area Community Plan which states the following: "new affordable housing projects should reinforce and enhance a healthy social balance for our community and enhance the character and charm of Aspen; "consideration should be given to minimize the development footprint of all affordable housing projects without compromising the appropriate density or the livability of the project "; and "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods...' . and, WHEREAS, during a duly noticed public hearing on February 15, 2011, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections26.430.030 Special Review Applicability, 26.430.040 Review standards for Special Review, 26.470.070.4 GMQS - Minor Planning and Zoning Commission applications for Affordable Housing, as described herein, by a - vote; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 1 of 6 approval of the amendments is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, the amendments to the Land Use Code are delineated as follows: • Text unaffected is black and in standard print and looks like this.rmatted: Font color: Accent 5 . - . . .. _ . Text being added to the code is blue with -- Formatted: Font color: Accent 5 underline and looks like this. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1: Section 26.430.030 — Special Review Applicability shall be amended as follows: Sec. 26.430.030. Applicability. Special review shall apply to all development in the City designated for special review by the following chapters or sections of this Title: • Dimensional requirements (Chapter 26.710 — Zone Districts) • Replacement of nonconforming structures (Chapter 26.312) • Reduction of open space requirements in CC Zone District (Subsection 26.575.030.B) • Off - street parking requirements (Section 26.515.040) • Reductions in the dimensions of utility/trash service areas (Section 26.575.060) • Subdivision standards (Section 26.480.050) • Accessory Dwelling Unit Design Standards (Chapter 26.520) • Wireless telecommunications facilities and/or equipment (Section 26.575.130) • Affordable housing unit criteria regarding percentage of unit's net livable required above grade (Section 26.470.070.4.c) Section 2: Section 26.430.040 Review standards for special review shall be amended as follows: Sec. 26.430.040.Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 2 of 6 A. Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. B. Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: 1. The proposed development shall comply with the conditions of Subsection 26.430.040.A above; 2. There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; 3. No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and 4. Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. C. Reduction of public amenity. Whenever a special review is conducted to determine whether a reduction of the public amenity requirement is to be granted, it shall be reviewed in accordance with the standards set forth at Section 26.575.030. D. Off - street parking requirements. Whenever a special review is conducted to determine a change in the off - street parking requirements, it shall be considered in accordance with the standards set forth at Chapter 26.515. E. Utility /trash service area. Whenever a special review is conducted to determine a change in any utility/trash service area requirements, it shall be considered in accordance with the standards set forth at Section 26.575.060. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 3 of 6 d F. Subdivision design standards. Whenever a special review is for development which does not meet the subdivision design standards of Section 26.480.050, the development shall be approved only when the conditions set forth at Section 26.480.050 have been met. G. Accessory dwelling unit design standards. Whenever a special review is conducted to determine a change in the design standards required for accessory dwelling units, it shall be considered in accordance with the standards set forth at Subsection 26.520.080.D. H. Wireless telecommunications facilities and/or equipment. Whenever a special review is conducted to appeal the decision of the Community Development Director regarding a proposed wireless telecommunications service facility or equipment or to determine a proposed increase in the allowed height of a wireless telecommunications facility and/or equipment, it shall be considered in accordance with the standards set forth in Paragraph 26.575.130.C.6, Wireless telecommunication services facilities and equipment. (Ord. No. 44 -1999, §4; Ord. No. 5 -2000, §4; Ord. No. 1 -2002, §9; Ord. No. 52 -2003, §12; Ord. No. 12, 2007, §§20, 21) �- - Formatted: Font: 12 pt I. Affordable housing unit standards. Whenever a special review is conducted to-. ' Formatted: List Paragraph, Justified, Indent: reduce the required percentage that the finished floor level of the unit's net livable Lett: 0.75 ", Tab stops: Not at 0.25" area is at or above natural or finished grade, whichever is higher, a recommendation Formatted: Normal, Justified, Indent: Left: from the Housing Board and all of the following criteria shall be met: o", Hanging: 0.25 ", Numbered + Level: 1 + g Numbering Style: I, II, III, ... + Start at: 1 + 1. The proposed affordable housing units are designed in a manner which exceeds the Alignment: Left + Aligned at: 0.25" + Indent expectations of the Aspen Pitkin County Housing Authority Guidelines, and at: 0.75 ", Tab stops: Not at 0.25" promotes the unit's general livability by exceeding minimum requirements of two or more of the following conditions: a. Significant storage, such as additional storage outside the unit. - Formatted: Numbered + Level: 2 + b. Above average natural light, such as adding more windows than the Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent Building Code requires. at: 1 ", Tab stops: Not at 0.5" C. Net livable unit sizes exceed minimum requirement. d. Site amenities, such as access to outdoor space, private patios or balconies, carshare memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 2. The proposed affordable housing units are designed in a manner that meets the.- Formatted: 3rd para indent 1 no w /parens, following criteria: Indent: Left: 0.25 ", Hanging: 0.25 ", Numbered + Level: 1 + Numbering Style: 1, 2, a. Compatibility with the character of the neighborhood. 3, ... + Start at: 1 + Alignment: Left + Aligned b. Design is an appropriate response to unique site constraints, such as at: 0.25" + Indent at: 0.75" topography. Formatted: 3rd para indent 1 no w /parens, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Section 3: Section 26.470.070.4, Minor Planning and Zoning Commission applications — Affordable Housing shall be amended as follows: Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 4 of 6 Sec. 26.470.070.Minor Planning and Zoning Commission applications. The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, the following types of growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted from the annual development allotments. Approvals apply cumulatively. 4. Affordable housing. The development of affordable housing deed - restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy -down units. Off -site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash -in -lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash -in -lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. (Ord. No. 6 — 2010, §4) c. Each unit provided shall be designed such that the fmished floor level of fifty percent (50 %) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, pursuant to Section 26.430. d. The proposed units shall be deed - restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 5 of 6 defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long -term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi - municipal agency shall not be subject to this mandatory "for sale" provision. e. Non - Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a -d). The owner of such non - mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. (Ord. No. 6 — 2010, §4) FINALLY, adopted and approved this 15 day of February, 2011. Stan Gibbs, Chairman Attest: Jackie, Lothian, City Clerk Approved as to form: James R. True, Special Counsel Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 6 of 6 Cl\ RESOLUTION No. (Series of 2011) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE MEET APPLICABLE STANDARDS OF REVIEW: 26.430.030 SPECIAL REVIEW — APPLICABILITY, 26.430.040 REVIEW STANDARDS FOR SPECIAL REVIEW, AND 26.470.070.4 GROWTH MANAGEMENT QUOTA SYSTEM - AFFORDABLE HOUSING. WHEREAS, in accordance with Sections 26.210 and 26.310 of the City of Aspen Land Use Code, the Director of the Community Development Department initiated amendments to the Land Use Code related to the review standards for Affordable Housing Growth Management Review; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.430.030 Special Review Applicability, 26.430.040 Review standards for Special Review, 26.470.070.4 GMQS - Minor Planning and Zoning Commission applications for Affordable Housing, as described herein; and, WHEREAS, the amendments proposed herein are consistent with the Aspen Area Conununity Plan which states the following: "new affordable housing projects should reinforce and enhance a healthy social balance for our community and enhance the character and charm of Aspen; "consideration should be given to minimize the development footprint of all affordable housing projects without compromising the appropriate density or the livability of the project; and "create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods... "; and, WHEREAS, during a duly noticed public hearing on February 15, 2011, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Sections26.430.030 Special Review Applicability, 26.430.040 Review standards for Special Review, 26.470.070.4 GMQS - Minor Planning and Zoning Commission applications for Affordable Housing, as described herein, by a _ - vote; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 1 of 6 approval of the amendments is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, the amendments to the Land Use Code are delineated as follows: Text unaffected is black and in standard print and looks like this. Text being added to the code is blue with underline and looks like this. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1: Section 26.430.030 – Special Review Applicability shall be amended as follows: Sec. 26.430.030. Applicability. Special review shall apply to all development in the City designated for special review by the following chapters or sections of this Title: • Dimensional requirements (Chapter 26.710 — Zone Districts) • Replacement of nonconforming structures (Chapter 26.312) • Reduction of open space requirements in CC Zone District (Subsection 26.575.030.B) • Off - street parking requirements (Section 26.515.040) • Reductions in the dimensions of utility /trash service areas (Section 26.575.060) • Subdivision standards (Section 26.480.050) • Accessory Dwelling Unit Design Standards (Chapter 26.520) • Wireless telecommunications facilities and/or equipment (Section 26.575.130) • Affordable housing unit criteria regarding percentage of unit's net livable required above grade (Section 26.470.070.4.c) Section 2: Section 26.430.040 Review standards for special review shall be amended as follows: Sec. 26.430.040. Review standards for special review. No development subject to special review shall be permitted unless the Planning and Zoning Commission makes a determination that the proposed development complies with all standards and requirements set forth below. A. Dimensional requirements. Whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met. Planning & Zoning Commission Reso # of 2011 GMQS – Affordable Housing Code Amendment Page 2 of 6 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of a designated view plane. B. Replacement of nonconforming structures. Whenever a structure or portion thereof, which does not conform to the dimensional requirements of the zone district in which the property is located is proposed to be replaced after demolition, the following criteria shall be met: 1. The proposed development shall comply with the conditions of Subsection 26.430.040.A above; 2. There exist special characteristics unique to the property which differentiate the property from other properties located in the same zone district; 3. No dimensional variations are increased, and the replacement structure represents the minimum variance that will make possible the reasonable use of the property; and 4. Literal enforcement of the dimensional provisions of the zone district would cause unnecessary hardship upon the owner by prohibiting reasonable use of the property. C. Reduction of public amenity. Whenever a special review is conducted to determine whether a reduction of the public amenity requirement is to be granted, it shall be reviewed in accordance with the standards set forth at Section 26.575.030. D. Off - street parking requirements. Whenever a special review is conducted to determine a change in the off -street parking requirements, it shall be considered in accordance with the standards set forth at Chapter 26.515. E. Utility /trash service area. Whenever a special review is conducted to determine a change in any utility /trash service area requirements, it shall be considered in accordance with the standards set forth at Section 26.575.060. F. Subdivision design standards. Whenever a special review is for development which does not meet the subdivision design standards of Section 26.480.050, the development shall be approved only when the conditions set forth at Section 26.480.050 have been met. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 3 of 6 G. Accessory dwelling unit design standards. Whenever a special review is conducted to determine a change in the design standards required for accessory dwelling units, it shall be considered in accordance with the standards set forth at Subsection 26.520.080.D. H. Wireless telecommunications facilities and/or equipment. Whenever a special review is conducted to appeal the decision of the Community Development Director regarding a proposed wireless telecommunications service facility or equipment or to determine a proposed increase in the allowed height of a wireless telecommunications facility and/or equipment, it shall be considered in accordance with the standards set forth in Paragraph 26.575.130.C.6, Wireless telecommunication services facilities and equipment. (Ord. No. 44 -1999, §4; Ord. No. 5 -2000, §4; Ord. No. 1 -2002, §9; Ord. No. 52 -2003, §12; Ord. No. 12, 2007, § §20, 21) I. Affordable housing unit standards. Whenever a special review is conducted to reduce the required percentage that the finished floor level of the unit's net livable area is at or above natural or finished grade, whichever is higher, a recommendation from the Housing Board and all of the following criteria shall be met: 1. The proposed affordable housing units are designed in a manner which exceeds the expectations of the Aspen Pitkin County Housing Authority Guidelines, and promotes the unit's general livability by exceeding minimum requirements of two or more of the following conditions: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more windows than the Building Code requires. c. Net livable unit sizes exceed minimum requirement. d. Site amenities, such as access to outdoor space, private patios or balconies, carshare memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 2. The proposed affordable housing units are designed in a manner that meets the following criteria: a. Compatibility with the character of the neighborhood. b. Design is an appropriate response to unique site constraints, such as topography. Section 3: Section 26.470.070.4, Minor Planning and Zoning Commission applications — Affordable Housing shall be amended as follows: Sec. 26.470.070. Minor Planning and Zoning Commission applications. The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 4 of 6 Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, the following types of growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted from the annual development allotments. Approvals apply cumulatively. 4. Affordable housing. The development of affordable housing deed- restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. b. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy -down units. Off -site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is Less than one (1) full unit, a cash -in -lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash -in -lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. (Ord. No. 6 — 2010, §4) c. Each unit provided shall be designed such that the finished floor level of fifty percent (50 %) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, pursuant to Section 26.430. d. The proposed units shall be deed - restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 5 of 6 acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long -term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi - municipal agency shall not be subject to this mandatory "for sale" provision. e. Non - Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26.470.070.4(a -d). The owner of such non - mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. (Ord. No. 6 — 2010, §4) FINALLY, adopted and approved this 15 day of February, 2011. Stan Gibbs, Chairman Attest: Jackie, Lothian, City Clerk Approved as to form: James R. True, Special Counsel Planning & Zoning Commission Reso # of 2011 GMQS — Affordable Housing Code Amendment Page 6 of 6 Exhibit A Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Response: The proposed amendment is not in conflict with any applicable portions of the Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Response: Staff finds that the proposed amendment is consistent with the AACP, specifically the following statements from the Housing and Design Quality Chapters: "Create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods... " (Intent, pg 25) Response: The proposed amendment creates a situation where the Planning and Zoning Commission, based on a recommendation from the Housing Board, has the authority to vary the amount that an affordable housing unit is below grade in exchange for the unit exceeding the minimum standards in other areas of design. Allowing a partially subgrade unit may result in a lower height of the building or a more appropriate response to topography or other site constraints. "Housing should be compatible with the scale and character of the community and should emphasize quality construction and design even though that emphasis necessarily increases costs and lessens production." (Philosophy, pg 25) Response: The proposed amendment takes into account both the specific design of the individual units and amenities, and it weighs the compatibility of the subgrade units within the neighborhood. "Consideration should be given to minimize the development footprint of all affordable housing projects without compromising the appropriate density or the livability of the project." (Policies, pg 26) Response: Staff finds that providing the Planning and Zoning Commission with the discretion to allow partially subgrade units offers some design flexibility that may result in minimizing the development footprint of the overall project. Affordable Housing GMQS Code Amendment Exhibit A March 1, 2011 Page 2 of 3 "We wish to encourage creativity that results in design solutions that are fresh and innovative, yet are net additions to the built environment by being contextually appropriate and harmonious without being copies of that which already exists." (Philosophy, pg 43) Response: The flexibility to vary the affordable housing standard encourages creative solutions that support livability and innovative thinking for affordable housing units. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Response: n/a D. The effect of the proposed amendment on traffic generation and road safety. Staff Response: n/a.. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Response: n/a. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Response: n/a. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Staff Response: The proposed amendment incorporates neighborhood compatibility into the review criteria for granting a variation from the dimensional requirement. Staff finds that the proposed amendment is consistent with the community character in the City. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Response: n/a. Affordable Housing GMQS Code Amendment Exhibit A March 1, 2011 Page 2 of 3 I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Response: Staff recognizes that unique situations exist throughout town and finds that providing some flexibility in the Code for the Planning and Zoning Commission to use its discretion to vary the percentage that an affordable housing unit is below grade is appropriate and in harmony with the purpose and intent of this Title. Affordable Housing GMQS Code Amendment Exhibit A March 1, 2011 Page 2 of 3 ir$ P19 MEMORANDUM TO: Sara Adams, Community Development Department FROM: Cindy Christensen, Housing Department DATE: February 3, 2011 RE: APPROVAL OF AFFORDABLE HOUSING CODE AMENDMENT ISSUE: The subgrade units proposed in the AspenWalk development do not conform to the land use code. An affordable housing GMQS code amendment is being proposed to remedy the situation. BACKGROUND: Due to the terrain of the property and the proposal of the garage, some of the units being proposed in the development or subgrade and do not meet the City of Aspen Land Use Code conditions. The attached code amendment will remedy this nonconforming issue. RECOMMENDATION: The Housing Board reviewed the Code amendment at their regular meeting held February 2, 2011 and are recommending approval of the following changes: Under Section 26.430.030. Applicability, add a bullet point as follows: • Affordable housing unit criteria regarding percentage of unit's net livable required above grade (Section 26,470,70.4.c). Under Section 26.430.040, Section 2, paragraph 1, Affordable housing unit standards, the following will be added: Whenever a special review is conducted to reduce the required percentage that the finished floor level of the unit's net livable area is at or above natural or finished grade, whichever is higher, a recommendation from the Housing Board and all of the following criteria shall be met: 1. The proposed affordable housing units are designed in a manner which exceeds the expectations of the Aspen/Pitkin County Housing Authority Guidelines, and promotes the unit's general livability by exceeding minimum requirements of two or more of the following conditions: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more windows than the Building Code requires. c. Net livable unit sizes exceed minimum requirement. Page 1 Code Amendment Approval P20 d. Site amenities, such as access to outdoor space, private patios, or balconies, car share memberships. e. Energy efficient units, such as solar panels, energy star rated appliances, or insulation. 2. The proposed affordable housing units are designed in a manner that meets the following criteria: a. Compatibility with the character of the neighborhood. b. Design is an appropriate response to unique site constraints, such as topography. Code Amendment Approval Paget