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HomeMy WebLinkAboutcoa.lu.gm.170 N Park.16A-88 - Hamwi —P"' ea, CASELOAD SUMMARY SHEET / p� City of Aspen DATE RECEIVED: , #ja /( O r PARCEL I AND CASE NO. DATE COMPLETE: ��) U r�i7 - '��L /z/9- _ ! STAFF MEMBER: C∎ ` PROJECT NAME: . Il[ 0 . `/ _ l ,/I Project Address: / 7D i+k APPLICANT: Applicant Address: .1,.1 NIP I )• Cc; j k.) f J REPRESENTATIVE: iQR !►_„ /1 Representative A.. ess/ •hone: 116// 54 PAID: YES I NO AMOUNT: /j , 5 ?c 2. O) 1) TYPE OF APPLICATION: 1 STEP: 2 STEP: V 2) IF 1 STEP APPLICATION GOES TO: P &Z CC PUBLIC HEARING DATE: 3 • 3) PUBLIC HEARING IS BEFORE: P&Z Gj CC N/A DATE REFERRED: IOe INITIALS: REFERRALS: Y City Attorney Mtn. Bell School District x City Engineer Parks Dept. Rocky Mtn Nat Gas 74_ Housing Dir. Holy Cross State Hwy Dept(GW) X Aspen Water X Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief Bldg:Zon /Inspect Envir. Hlth. Roaring Fork Roaring Fork lc Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Bldg. Dept. Other: • FILE STATUS AND LOCATION: ■•••0"\e", - ;:j at ic 10 — J 13t - 3'+ l(em-?) G4 L i oiry (141-- t -eArti&A)` Los4 •4D tAya& p ei8i L i Ltk:Qf - ett-IZ -1-13 ces Gt4±- - Z p • -t- n , tbL erfe P‘A-e - CC-L1 eA- ceL 6 v-2=- 7 P. 3 +l t5 O 0 eC tZ2-t -La e ._/ 1 k"-) sou D34 PA E 4GO co CD c, r at v SUBDIVISION IMPROVEMENTS AGREEMENT -( 01 FOR of cri SUNNY PARK SUBDIVISION 1 This Subdivision Improvements Agreement is made and entered into this day of , 1988, by and between the CITY OF ASPEN, Colorado, a municipal corporation (hereinafter referred to as "City "), and PAUL R. HAMWI dba EQUITIES DIVERSIFIED OF COLORADO (hereinafter referred to as the "Owner "). WITNESSETH: WHEREAS, Owner has submitted to the City for approval, execution and recordation, the final plat and development plan of a tract of land situate within the City of Aspen, Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by this reference, and designated as "Sunny Park Subdivision" (the "Plat "); and WHEREAS, City has fully considered the Plat, the proposed development, the improvement of the land and the effects of the proposed development and improvement of land included in the Plat on other adjoining or neighboring properties; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Plat, such matters being necessary to protect, promote and enhance the public welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the Plat; and WHEREAS, under the authority of §7 -1006 of the Municipal Code of the City of Aspen, Colorado, the City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by the Owner. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City, it is mutually agreed as follows: I. GENERAL DEVELOPMENT PLAN Sunny Park Subdivision, as shown on the Plat recorded in Book at Page , of the Pitkin County records, includes the following elements: - 1 - BOOM 582 04,.461 A. A multi - family structure which shall be comprised of three (3) free - market dwelling units and one (1) employee dwelling unit deed restricted to middle- income rental guidelines. B. Employee Housing. The employee housing unit, consisting of three bedrooms and two baths, shall be deed restricted as a middle- income unit as defined by the Housing Authority. C. Site Data Tabulations. The Site Data Tabulations attached as Exhibit "B" define and further describe the allocation of the uses anticipated within Sunny Park Subdivision. II. EMPLOYEE HOUSING DEDICATION AND RESTRICTION Owner hereby covenants with City that the employee unit shall be deed restricted as a middle- income employee housing unit. Because the employee unit is not required of Owner, in an effort to assist Owner in providing an employee unit, the Housing Authority agrees to cooperate with Owner as follows: The Housing Authority shall purchase the employee unit by depositing with Owner's lender, or in an escrow account, a Certificate of Deposit in the amount of $154,300.00, with interest accruing to Owner or Owner's lender. The Certificate of Deposit shall be converted to cash, and payable to Owner or Owner's lender upon issuance of a Certificate of Occupancy for the employee unit. The Housing Authority shall then sell the employee unit according to its middle- income guidelines and agreements made with Owner. In addition, the City has agreed to waive the affordable housing impact fee during Owner's condominiumization of the project. Such waiver is based upon Owner's provision of twenty -five percent (25 %) of the project's population as employee housing which was not required under Owner's application. (See Letter of Agreement, attached as Exhibit "D ") III. CONSTRUCTION OF IMPROVEMENTS A. Construction Schedule. Construction of all development improvements shall substantially conform to the construction schedule set forth within the attached Exhibit "C," unless amended in the manner set forth in §IV, below. The construction schedule includes the dates anticipated for the beginning and completion of the improvements. B. Water and Sewage System. Existing facilities can supply water and sewage service to the Subdivision. The water shall be supplied through an existing 6" service line in Park Central Drive and an 8" service line in Park Avenue. These two lines are looped and continuous pressure is - 2 - e00H 5 PAGE462 provided. The Subdivision shall be served by the Aspen Metropolitan Sanitation District. City agrees, on approval of this Agreement and the Plat, through its water department, to supply water and sewer services consistent with the proper servicing of the needs of the improvements to be constructed at Sunny Park. Owner agrees to pay such tap fees therefor as shall be determined by the tap fee schedules in effect at the time water and sewer service shall be extended to the improvements. C. Parking Spaces. Owner shall provide a minimum of twelve (12) parking spaces on site, six (6) of which shall be covered spaces, in the locations set forth on the Final Plat. D. Drainage. Owner shall install five (5) dry wells, one in the back parking area and one in front of each of the four units. E. Landscaping. Owner shall provide landscaping improvements on the site in accordance with the Landscaping Plan recorded in Book at Page , of the Pitkin County records, pursuant to the Construction Schedule. A gravel sidewalk will be provided until such time as the City Engineering Department determines the exact location of the road alignment and ROW along the property lines, at which time a sidewalk will be constructed meeting Code requirements. (See paragraph F, below, regarding homeowners' obligations to participate in an improvements district for this purpose.) F. Improvement District. In the event that any municipal improvements or improvements of a kind contemplated in the Municipal Code of the City of Aspen, become necessary or desirable to the area of the above - described property, Owner agrees to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown development district formed for the construction of such improvements, including without limitations signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, streets, lights, traffic circulation, trails, recreation facilities, parking, etc. in the area of the above - described property. The condominium documents associated with this Sunny Park Subdivision will disclose to homeowners their obligation to participate in any future improvement district for the purpose of constructing sidewalks. G. Woodburning Devices. There shall be no woodburning devices in the Subdivision. The development shall be subject to all woodburning regulations in effect at the time the building permit is issued for the development. - 3 - BOOK 582 PAiiE463 IV. NON - COMPLIANCE AND REOUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER A. In the event City determines that Owner is not acting in substantial compliance with the terms of this Agreement, City may issue and serve upon Owner a written order specifying the alleged non - compliance and requiring Owner to cease and desist from such non - compliance and rectify the same within such reasonable time as City may determine and specify in such order. Within twenty (20) days of the receipt of such order, the Owner may file with City a notice advising City that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) whether the alleged non - compliance exists or did exist; or, (b) whether a variance, extension of time or amendment to this Agreement shall be granted with respect to any such non - compliance which is determined to exist. Upon the receipt of such petition, City shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by City for other hearings. If City determines by a preponderance of the evidence that a non - compliance exists which has not been remedied, it may issue such compliance orders as may be lawful and appropriate. B. Owner may, on its own initiative, at any time petition the City for an amendment to this Agreement and the exhibits attached hereto or to extend any of the time periods or modify the specific time required for performance. City shall not unreasonably refuse to extend the time periods for performance indicated in the Development and Construction Schedule or refuse to allow reasonable adjust- ments to the Schedule or the specifications if the Owner demonstrates by a preponderance of the evidence that the reasons for such extension or said adjustments result from the unforeseeable circumstances, litigation, acts of God, or other events beyond the control of the Owner despite good faith efforts on its part to accomplish the same. As is set forth below, the foregoing procedures relative to non - compliance, amendments or extensions shall not apply in respect of the rights of the City in the event of a failure to maintain common facilities, which rights are more particularly described in §VII, paragraph A, below. - 4 - BOOK 582 P,1GE454 V. EASEMENTS Owner dedicates and grants, for the benefit of the appropriate utility companies, a utility easement of 71' around the perimeter as shown and dedicated on the Plat. VI. PARR DEDICATION FEE Pursuant to § §5- 601 -608 of the Aspen Municipal Code, a Park Dedication Fee in the amount of $3,900.00 shall be paid by Owner. This payment is based on the calculations set forth in Exhibit "E ", attached hereto and made a part hereof. Owner agrees to pay such Park Dedication Fee at the time of the issuance of a Building Permit pursuant to §5 -601. The City has exempted the employee unit from a Park Dedication Fee pursuant to §5 -606. VII. OPEN SPACE AND COMMON AREA MANAGEMENT, MAINTENANCE AND USE The Plat consists of certain open space and a common area adjacent to the multi - family structure. Respec- tive responsibilities, limitations, covenants and agreements regarding the management, maintenance and use of the open space and common area shall be as provided below. A. Common Area. The Common Area as described on the Plat shall be owned in common by the unit owners. The owner of each unit shall own such percentage of the common elements commensurate with the size of the owner's unit. Management and maintenance of the Common Area and any common facilities shall be the responsibility of a collective homeowners' association, pursuant to provisions as shall be set forth in recorded covenants providing for such policies and procedures governing the use and maintenance of the Common Area and common facilities. Responsibility of the homeowners' association in this respect may be contractually delegated by it to a private property management company or to a salaried employee of the homeowners' association. The following shall, as well, apply to the homeowners' Association hereinabove referred to: (1) Formation. The homeowners' association shall be fully formed and established by the Owner prior to the closing of a sale of any free - market unit (2) Documentation. Documents for the homeowners' association shall include declaration, articles of incorpo- ration, bylaws, and rules and regulations. - 5 - Book 582 94GE 465 (3) Membership. Membership in the homeowners' association shall be mandatory for each unit owner, and shall be automatic upon the recordation of any instrument transferring a legal ownership interest (excluding standard security interests) in or to any unit. (4) Board of Directors. The board of directors of the homeowners' association shall consist of at least three (3) members who shall be owners, or representatives of owners, of units within the development. VIII. FINANCIAL ASSURANCE Pursuant to §7 -1006 of the Aspen Municipal Code, Owner hereby agrees to provide a guaranty in the sum of $3,696.25, which sum represents the estimated cost of 125% of that portion of the Landscaping Plan for which City, through the City Engineer, has requested financial assurance. Those items for which financial assurance has been requested and which hereby is agreed to be given is described in Exhibit "F" attached hereto and made a part hereof. The guaranty to be provided by Owner shall be in the form of an irrevocable bond, letter of credit from a responsible financial institution, or other guaranty satisfactory to the City Attorney. The guaranty shall give City the unconditional right, upon default by Owner, or its successor or assigns, to withdraw funds upon demand to partially or fully complete and /or pay for any improvements or pay any outstanding bills for work done thereon by any party. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and acceptance, he shall authorize the release from the guaranty delivered by Owner of the agreed estimated cost for that portion the improvements; PROVIDED, HOWEVER, that ten percent (10 %) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer, and an additional twenty -five percent (25 %) shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. XI. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of the Owner and City and their respective successors and assigns. B. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. C. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstances is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or - 6 - BUQK 58? P, GE4GG section in any other circumstance shall not be affected thereby. D. This Subdivision Improvements Agreement contains the entire understanding between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. E. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. F. The parties agree that this Subdivision Improvements Agreement for Sunny Park shall be recorded by the City in the Pitkin County, Colorado real property records. G. Notices to be given to the parties to this Agreement shall be considered to be given if delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the Parties or their successors or assigns: CITY OF ASPEN: OWNER: City Manager Paul R. Hamwi dba 130 S. Galena Street Equities Diversified of Aspen, CO 81611 Colorado P.O. Box 350 Aspen, CO 81611 Copy to: Law Offices of Gideon I. Kaufman, P.c. 315 E. Hyman, Suite 305 Aspen, CO 81611 IN WITNESS WHEREOF, the parties hereto have hereunto executed their hands and seals on the dates and year respectively indicated, in full understanding and agreement to the terms and conditions herein contained. ATTEST: CITY OF ASPEN, a Colorado corporation � `/ / munici al cor /L (Ci,k- / , el-- By 1 t. vC . Kathryr}.Koch, City Clerk William L. Stirling, (SIGNATURES AND NOTARY ACKNOWLEDGMENTS CONTINUE ON PAGE 8) - 7 - BOOK 582 P 3E4G7 Pau ' •. Ha i dba Equities Diversified of Colorado STATE OF COLORADO) ss. COUNTY OF PITKIN ) The for o�i�n�g instrument was ackno,1 -•ged before this •399_' day of 4 � & (d lL, 1988, by ice , 1,/,: as, �� ' Mayor, and KATHRYN S. KOCH, as City Clerk o THE .TY Of ' a Colorado municipal corporation. WITNESS my hand and officictT3leCLERK • My Commission expires• 130 S. GALENA My Commission expires 9/27/92 '5F` N f2i iv ± N ary Publ J STATE OF COLORADO) ss. COUNTY OF PITKIN ) The -•t• instrument was acknowledged before me % t••• is 1988, by Paul R. Hamwi dba ''240les DSversifie■ t9'f° • orado. m. fl(,�f;r ° • � � WITNESS my hand and • 'a seal. • • p. ct Z My Commission expire ; *^ a'' -,- w LA) Or tO" Notary Public \hamwi \subimp.agr - 8 - BOON 582 mGE46S EXIHBIT "A" Lot 4, SUNNY PARK SUBDIVISION, excepting therefrom that portion described in deed recorded in Book 246 at Page 879 Also known as 170 Park Avenue, Aspen, Colorado IN THE COUNTY OF PITKIN, STATE OF COLORADO BUB 582 ?AGE 469 EXHIBIT "B" SITE DATA TABULATIONS Lot Size 13,393 SF Floor Area Existing 1,922 SF Floor Area Allocated 13,393 SF Total Built Floor Area 10,110 SF Existing Units 3 Middle- Income Units 1 Free - Market Units 3 Parking Spaces: Covered 6 Uncovered 6_ Total 12 BOOK 582 °CvE EXHIBIT "C" SUNNY PARK SUBDIVISION IMPROVEMENT SCHEDULE The project will be completed in one phase Submission for Building Permit: September 12, 198!, Completion of Building: July 1P;-XWM Completion of Landscaping Improvements, including Gravel Sidewalks: ,se tegaer r , Owner anticipates that the project will be constructed generally in accordance with the above schedule. The time frames are approximate, especially given the fact that Owner will have a winter construction schedule. B EXHIBIT "D" 58� BIAS T.S Pig 471 LETTER OF AGREEMENT THIS AGREEMENT, made as of the date of last below signed, by and between the Aspen /Pitkin County Housing Authority (the "Authority ") and Paul R. Hamwi, d /b /a Equities Diversified of Colorado (the "Developer "). WHEREAS, the Authority desires to assist private developers in the production of affordable employee housing; and WHEREAS, the Developer has proposed to construct a housing unit within the Hamwi Townhouse project located at Lot 4, Sunny Park Subdivision, more specifically described as, Unit B 170 Park Avenue, Aspen Colorado and deed restrict said housing unit to the middle income category of the Employee Housing Guidelines. NOW, THEREFORE, the Authority and the Developer, in consideration of the mutual covenants, terms, and conditions hereinafter set forth, agree as follows: 1. DEVELOPERS OBLIGATIONS. A. The Developer agrees to construct a 1,300 square foot housing unit consisting of three floors, three bedrooms, two baths, kitchen with appliances, dining /living room area, and storage area (the "Unit "). B. The Developer agrees that the sales price of the Unit shall be ONE HUNDRED FIFTY THREE THOUSAND FOUR HUNDRED DOLLARS AND 00 /100 ($153,400). The sales price shall include all professional services, materials, equipment, documents, building . permit fees, water and sewer tap fees, all City, County, and State tax on materials incorporated within the Unit. C. The Developer agrees that upon issuance of a Certificate of Occupancy for the Unit (not necessarily entire Hamwi Townhouse project), the Developer will deed the Unit to the Housing Authority free and clear of all liens. D. The Developer agrees that if the Unit is not constructed the CD's principal and interest will revert to the Authority and the Developer will have no liability. E. The Developer agrees that, in the event of a third party purchases of the project, and the Unit is not constructed, the CD's principal and interest will revert to the Authority and the Project will be required to pay the employee impact fees. F. The Developer agrees to submit construction plans for the Unit described in subparagraph A. as a deed restricted unit in accordance with the middle income category of the Employee Housing Guidelines, and that failure to construct the Unit shall result in the forfeiture of all necessary permits relating to the Unit. BOSH 582 p e.472 2. AUTHORITY'S OBLIGATIONS. A. The Authority agrees that upon issuance of an Excavation Permit for the Hamwi Townhouse project that the Authority will enter into a contract to purchase the Unit and within fourteen (14) days of execution of said Contract, will purchase an interest bearing "Certificate of Deposit" (the "CD ") in an amount of ONE HUNDRED FIFTY THREE THOUSAND FOUR HUNDRED AND NO /100 ($153,400) jointly in the names of Paul R. Hamwi and the Authority. Said CD will be deposited with the construction lender of Hamwi's choice. In the event a lender has not been selected, the funds will be held in trust by the Authority until such time as a lender is selected. B. The Authority agrees that the CD will be held in Trust by the construction lender until the presentation of the Certificate of Occupancy (the "CO "). Immediately upon presentation of the CO for the Unit, the CD's principal and interest will be transferred to the Developer or his assignee and the Authority will release any claim against the CD. C. The Authority agrees that any additional fee charge-1/ by the City of Aspen or any of its agents to the Developer for the construction of the Unit will be in addition to the sales pric =I i , / 6 ( o i c $153,400) of the Unit av/ w,/!Jc M benA,.).4 f„ •F ti4C. AlWi C41/21 D. The Authority agrees that if the Developer is charged an employee impact fee in connection with condominiumization of the development, that the Authority will reimburse the developer for said fee, unless the Unit is not constructed. E. The Authority agrees to abide by the Condominium By- Laws, including but not necessarily limited to rental restrictions for the Unit. F. The Authority understands that the Unit shall not be a requirement for Final Plat approval. G. The Authority agrees to pay all closing costs on the Unit customarily paid by the Purchaser. H. The Authority agrees that if a third party builds the project said party may at their option elect not to build the Unit and may proceed with the construction of the three free market units only. �b'`5 3. AGREEMENT TIME. This Agreement commences as of the date last below signed and tern nat s ppn rch 1, 1990. If on March 1,�.� 1990, the Unit ha nn n'tr1&oted, the CD's principal and /046 interest shall revert to the Authority and said Unit shall not "a revert to free market status. eooK 582 PAC:473 4. SUCCESSORS AND ASSIGNS. This Agreement and all Covenants hereof shall inure to the benefit of and be binding upon the Authority and the Developer. Neither the Authority nor the Developer shall have the right to assign, transfer, or sublet his interest or obligation here hereunder without the written consent of the other party. 5. NO WAIVER OF TERMS. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operated as, a wavier of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 6. AUTHORIZE REPRESENTATIVE. The undersigned representatives of the Developer and the Authority represent that he is authorized to enter in this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties have made and execute this Agreement on - '': ts ,; , , 1988. ASPEN /PITRIN COUNTY .QUI' �VERSIFIED HOUS NG AUTHOR O c • •��� By: � IV,ll'►' B y : -`` ^- min i tr :ul Hamwi BON 58 ": R E L174 EXHIBIT "E" PARK DEVELOPMENT IMPACT FEE FOR SUNNY PARR SUBDIVISION Pursuant to § §5.601 -608 of the Aspen Municipal Code, the park development impact fees are calculated as follows: The park development impact fees are not applicable to replacement units, except to the extent that additional bedrooms are created. A. Unit A is increased from a 2- bedroom to a 3- bedroom, i.e. a difference of $780.00; B. Unit B is a deed - restricted, employee unit, and is exempt from this fee; C. Unit C is increased from a one - bedroom to a 3- bedroom, i.e. a difference of $1,300.00; and D. Unit D is increased from a studio to a 3- bedroom, i.e. a difference of $1,820.00. Therefore, the total amount due in park development impact fees equals $3,900.00. BOOK 58 PAGE475 EXHIBIT "F" ITEMS REOUIRING FINANCIAL ASSURANCE 1. Sod installation on City right -of -way Estimated Cost: $1,582.00. 2. Shaping of berm for sod and gravel for walk, as necessary, Estimated Cost: $1,375.00. TOTAL: $2,957.00. .. _......_.. t, { ; 7 BOOK 5S? PAGE 1 LI c o LT <n 0 a , E u r ,r • te a- DEDICATION OF REAL PROPERTY TO CD ° EMflOYEE HOUSING RESTRICTIONS AND GUIDELINES M Y FOR UNIT B, SUNNY PARK SUBDIVISION - �. THIS DICATtON, made and entered into this day of , 1988, by PAUL R. HAMWI d /b /a EQUITIES DIVERSIFIED OF COLORADO (hereinafter referred to as "Owner ") and the CITY OF ASPEN, Pitkin County, Colorado, a Colorado municipal corporation (hereinafter referred to as "City "). W I T N E S S E T H: WHEREAS, Owner is the record owner of the real property described Lot 4, Sunny Park Subdivision, and the improvements located thereon situate in the City of Aspen, Pitkin County, Colorado; and WHEREAS, pursuant to the final approval of Sunny Park Subdivision, Owner is required to dedicate the proposed Unit B to specific employee housing restrictions and guidelines; and WHEREAS, the City Council of the City of Aspen on October 10, 1988, approved the use of the proposed Unit B, upon the filing of this dedication and declaration, as employee housing; and WHEREAS, Owner represents and warrants that it is the sole owner of the property, with full authorization from any and all persons, corporations or entities which in any way may have an encumbrance, lien or other interest in or with regard to the property, to enter into this dedication and declaration. NOW, THEREFORE, for and in consideration of the execution and recording by the City of Aspen, Colorado of the Subdivision Improvements Agreement for the Sunny Park Subdivision, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby covenants and agrees as follows: 1. Owner agrees to convey to the Aspen /Pitkin County Housing Authority the employee housing unit, Unit B. Owner agrees that such Unit B shall be restricted exclusively to City of Aspen "middle- income" employee housing use. The Housing Authority will control the occupancy and rental guidelines and qualifications as may be in effect from time to time. The rental or sale price guidelines for the unit shall be indexed to the annually adopted employee housing guidelines approved by City. 2. The dedication and covenants contained herein shall be deemed a burden upon and to run with the title to Unit B, shall be binding upon the Owner, its successors and assigns, and upon all persons or entities having any right, title or interest in or to Unit B, or any part thereof, and shall inure to the benefit of and be specifically enforceable by the City of Aspen or its designee by any appropriate legal action including injunction, abatement or - 1 - HOCK 582 P4GE477 eviction of non - complying tenancies, all for a period of fifty (50) years from the date of recording hereof in the Pitkin County real property records. 3. Neither this dedication nor any of the covenants contained herein shall be modified, released or waived in any respect except by written instrument executed by both Owner or its successors and assigns and the City of Aspen, Colorado and duly recorded in the Pitkin County real property records. 4. Owner hereby warrants and represents that any and all persons, firms or entities having any lien, encumbrance or interest in Unit B have consented to this dedication and, further, that this dedication shall not be recorded in the office of the Clerk and Recorder for Pitkin County, Colorado, without consent of any such person. IN WITNESS WHEREOF, Owner has hereunto set its hand and seal as of the day and year first above written. OWNER: APPROVED AS TO FORM: •`AU • . HAMWI, d /b /a ASPE ITY ATTORN Yw �_ 1 VERSIFIED OF COLORADO � \ Paul amwi J APPROVED AS TO FORM: ASPEN /PIT COUNTY A • THORITY Director STATE OF COLORADO ) ss. COUNTY OF PITKIN ) + The foregoing instrument was acknowledged before me this aw day of pc*Obe r , 1988, by PAUL R. HAMWI d /b /a EQUITIES DIVERS1T IED OF COLORADO. FT,05 my hand and official seal. iA ' o f nission expires: / / 1 4 c 1 1 - - - O -O-o - / \ r'• U i , G , ' , ° Notary Public Or rot' \hamwi \employee.ded - 2 - BOOK 582 Pa�E4 STATE OF COLORADO ) ss. AFFIDAVIT COUNTY OF PITKIN I, PAUL R. HAMWI, doing business as EQUITES DIVERSIFIED OF COLORADO, being duly sworn, state that I hereby waive any rights I may have to the 1985 Residential Development Allotment allocated to the Sunny payk_Froject by Resolution No. 21, Series of 1986, by the ity o •en. PAb . HAMWI STATE OF COLORADO ) ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this vs day of October, 19.$:$ by PAUL R. HAMWI. Witness my hand and official seal. My commission expirds:`. , • GL) i eI'IA :.tom l�lJ I _a�A 'otary Public \hamwi \waiver.aff MEMORANDUM TO: Aspen City Council THRU: Robert Anderson, Jr., City Manager k,Z FROM: Cindy Houben, Planning Office Fr(\ RE: Hamwi Subdivision /Final Plat and Condominiumization DATE: R9tOket .=_ APPLICANT: Paul Hamwi REQUEST: Final Plat and Condominiumization approval /Subdivision (replacement of existing units) and a request for Exemption from Growth Management for an employee unit. - LOCATION: Lot 4, Sunny Park Subdivision, address 170 N. Park Avenue, located at the intersection of Park Avenue and Park Circle. ZONING: RMF /PUD HISTORY: The Planning and Zoning Commission approved the Preliminary Plan on September 6, 1988 with conditions. The site received a growth management approval in 1985 for 11 units (7 free market and 4 employee units). The applicants have requested an extension of this approval while they were in this review process. DESCRIPTION OF THE PROPOSAL: The applicant proposes to demolish 3 existing units on the 13,000+ square foot lot and reconstruct 3 new free market townhouse structures and one employee unit. The 3 free market units are proposed to be approximately 2,930 square feet each. The optional employee unit is proposed to be approximately 1,300 square feet. SITE DESCRIPTION: The site is a relatively flat site which is bordered on two sides by public roadways (Park Circle and Park Avenue). The parcel is 13,393 square feet. The RMF zone district allows a 1:1 FAR. The proposed square footage and unit size is as follows: Three free market units, each containing 3 bedrooms and approximately 2,930 sq.ft. One employee unit containing 3 bedrooms and approximately 1,300 sq.ft. Total of 12 bedrooms and 10,110 sq. ft. The surrounding land uses are mixed. Directly to the north and east of the site are multi - family structures. To the south and west of the site are multi - family, duplex and single family structures. The Smuggler Mountain area consists of some old and new structures which have traditionally been owned and rented by individuals who live and work in the community. REFERRAL COMMENTS: Engineering: In a memorandum dated October 4, 1988, Chuck Roth made the following comments: 1. Gravel sidewalks are not in accordance with City specifications which require concrete sidewalks. Council should be consulted about whether or not they want a concrete sidewalk at the project site. 2. The "improvement district" language in the subdivision agreement, item F, does not appear to be in agreement with City standards, specifically the last four lines. 3. The letter of September 22, 1988, from Schmueser Gordon Meyer refers to the drainage on the property saying that the design "will increase the historic rate of recharge." This is not permissible. Current standards are that the historic rate be maintained with no increase or decrease either to run -off from the site or recharging of the aquifer. 4. The applicant will be required to submit a plat in accordance with the Code requirements for final plat. The adjacent street must be shown as well as edges of pavements proposed sidewalk locations, and proposed drainage swales. If platting is required for other purposes (condo - miniumization) prior to construction, the certificate of occupancy should be conditional on recording an amended plat reflecting as -built conditions. 5. It is required by code that the electric service be provided underground. The Engineering Department requests that the applicant be required to bury its telephone and television service connections also. STAFF COMMENTS: 1. This application was made pursuant to the old code. The proposal to replace three existing units is exempt from the Growth Management system. In addition, the applicant is requesting exemption from Growth Management in order to 2 build a deed restricted employee unit. The Planning Commission also granted the applicants exemption from the mandatory PUD provisions of the Code. The Council granted the applicant an exemption from the demolition moratorium since the application had already been reviewed by the Planning Commission and was in the review process. 2. The proposed setbacks for the design are as follows: PROPOSED: REQUIRED: Front yard - 12' 10' Rear yard - 10' 10' Side yard - 25' NORTH 5' Side yard - 10' SOUTH 5' 3. The application states that a gravel sidewalk will be provided by the applicant until such time the City Engineering Department determines the exact location of the road alignment and R.O.W. along the property lines. At such time this is determined the applicants will construct a sidewalk meeting code requirements. The Engineering Department referral notes that gravel is not acceptable. This site is in a dense neighborhood, on a bus route where adequate pedestrian facilities are needed. In discussions with Chuck Roth he made the suggestion that the applicants place the sidewalk directly adjacent to their property line in order to avoid any future problems. The maximum height in the RMF zone district is 25 feet (with allowance for 5 additional feet to the peak of the roof) . The proposed elevations illustrate a maximum height of 30 feet to the top of the roof line from existing grade. This meets the code requirements. The individuals who will be most affected by the project are those living in the multi- family structures to the north and northeast. These individuals will lose a great deal of their existing views towards the south and west due to the height and location of the proposal. The only way to mitigate the impact is to require that the applicants build a single story structure. This design however would require the units be totally reconfigured on the parcel and that the applicants resubmit a plan. As compared to the prior approval, the new proposal reduces the overall buildout on the site and leaves a greater buffer at the intersection of Park Avenue and Park Circle. None of the adjacent land owners came to voice concerns at the public hearing before the Planning and Zoning Commission. The access to the site is proposed off of Park Circle. Each free market unit will contain a 2 car garage and one 3 additional space per unit is supplied in the northwest corner of the lot. This meets the requirements of the code with regard to parking for the free market units. The employee unit has 3 bedrooms and requires 3 parking spaces as well. The application only supplies 2 spaces for this unit. Since the Planning Commission did not waive the requirement for the 3rd space, the plat must be amended to show one additional space. The proposal provides limited landscaping around the buildings. The yard area is proposed to be seeded with bluegrass. 4. The applicant is requesting exemption from the Growth Management competition pursuant to section 24 -11.2. The proposed employee unit is a three bedroom 1,300 square feet unit. The Planning Office and Housing Authority recognize the need in the community for additional employee housing and strongly encourage the Council to approve this exemption request for a deed restricted unit on site. Additionally, the Housing Authority has worked closely with the applicant with regard to the employee unit space. The Housing Authority has actually fronted the financing for the unit and will recoup its cost when the unit is sold. 5. The request for the four units is consistent with the area and bulk requirements for the RMF zone district. 6. The 1973 Aspen Area Comprehensive Plan designates this area as a multi - family area which is consistent with the proposed use. 7. The Planning Commission approved the preliminary Plat with the following conditions of approval: a. Prior to review by the City Council the applicants shall submit a final plat and associated final plat documents pursuant to the Code requirements. These documents should include drawings and language which clarifies the optional employee unit situation, if the developer so chooses this option. RESPONSE: The applicant and the Housing Authority have developed a way to allow the optional employee unit to be built as part of the proposal. b. The applicants shall eliminate the patios from within the side yard setback by either moving the building to the north or making the patio areas smaller. RESPONSE: The patios have been moved out of the 4 setback. c. The applicants shall submit a letter to the Planning Office from the Water Department noting whether the water line connection between Neale Street and King Street is necessary. RESPONSE: This letter has been submitted. The referenced water connection was established as part of the Centennial development. d. The applicants shall supply a general utility easement pursuant to the Engineering Department memo dated June 27, 1988. RESPONSE: This easement has been created and is shown on the final plat. e. The applicants shall be subject to all environmental health air pollution /fireplace regulations in place at the time a building permit is requested and to all conditions as listed by Lee Cassin in her memorandum dated May 11, 1988. RESPONSE: The application states that all these requirements will be met. f. The employee unit shall be restricted to the middle income guidelines prior to recordation of the final plat. RESPONSE: The applicant agrees to deed restrict the employee unit to the middle income guidelines. g. The applicant shall be required to vacate the prior approval pursuant to section 7 -1007 (c), prior to the recordation of the final plat for this approval. RESPONSE: The applicant acknowledges that the prior GMP approval for this site must be vacated prior to the recordation of this final plat. 8. The applicants are requesting approval to condominiumize the 4 units. The Engineering Department requires that an as built plat be submitted pursuant to the code requirements. Section 7 -1008 of the Aspen Municipal Code has the following criteria for condominiumization: a. The existing tenants must be given notice of sale and first right of refusal. RESPONSE: The applicants have been unable to reach 5 this tenant to date but state that this will be accomplished. This should be accomplished prior to recordation of the condominium plat. b. All units must be restricted to 6 month minimum lease restrictions with no more than two shorter tenancies per year. RESPONSE: The applicant agrees to the 6 month minimum lease restriction. c. An Employee Housing Impact Fee is assessed to each free market unit which is condominiumized unless the project has provided employee housing pursuant to Section 8 -106 (E) (5), in which case the project shall be exempt from the Affordable Housing Impact Fee. RESPONSE: This application was not required to go through growth management, however since employee housing (25 % of the development) is being provided, the applicants have requested a waiver of the Affordable Housing Impact Fee. The residential growth management quota system requires that 35 % of the project's population be supplied with employee housing. The application states that 25% of the population of the project is employee housing. Based on the Affordable Housing Fee methodology, the applicant should pay 10% of the Affordable Housing Impact Fee of the 3 (3 bedroom) units. This amounts to $2,415. Both the Housing Authority and the Planning Office feel that, in this case only, the fee should be waived. The rationale is that the Housing Authority participation in this development is a pilot project which should be analyzed after the unit is in place. The $2,415 is a negligible amount which need not be imposed on this applicant who intends to supply a critically needed unit for the community. In summary, the applicants have adequately responded to the conditions imposed by the Planning Commission at preliminary plat review. RECOMMENDED MOTION: "Move to approve the Hamwi Subdivision Final Plat, exemption from the growth management process for the employee unit and condominiumization of the 4 units with the following conditions of approval: 1. Prior to recordation of the final plat the applicants shall vacate the prior approval for the site. 6 2. Prior to final approval of the condominiumization the applicant shall submit the required condominium plat documents to the Engineering Department. 3. The sidewalk surrounding the property shall be located adjacent to the property boundary and shall be constructed prior to occupancy pursuant to Engineering Department requirements. 4. The final plat shall contain 12 parking spaces (one /bedroom). 5. The applicant shall revise the plat prior to its recordation to include the following: adjacent streets, edges of pavement, proposed sidewalk locations and drainage swales. 6. The final drainage plan shall conform to the requirements of the Code. Prior to issuance of any permits, the Engineering Department shall approve the drainage plan. 7. All utility lines to the development shall be buried. 8. Prior to signature of the final plat and subdivision improvements agreement, the subdivision improvements agreement shall be modified as follows: a. Page 1, General Development Plan, shall include the book and page numbers for the approved plat. b. Page 3, Water and Sewage Systems - The last paragraph is not standard language and shall be deleted. c. Page 3, Parking Spaces - The applicants shall provide 12 parking spaces. d. Page 3, Landscaping - The sidewalk shall be constructed pursuant to the Engineering Department standards, adjacent to the property boundary. The landscaping plan shall be recorded and the book and page number shall be identified in this section of the subdivision improvements agreement. e. Page 3, Woodburning Devices - The last sentence shall be deleted and the following shall be inserted. "The development shall be subject to all woodburning regulations in affect at the time the building permit is issued for the development." 7 f. Page 5, Park Dedication Fee - This shall be reworded to state that the Park Dedication Fee shall be paid at the time of issuance of a building permit pursuant to Section 5 -601 of the Aspen Municipal Code. g. Page 6, Financial Assurances - The price shall be inserted to the satisfaction of the Engineering Department and the exhibit outlining these costs shall be inserted. CITY MANAGERS RECOMMENDATION: ch.hamwi 8 MEMORANDUM To: Cindy M. Houben, Planning Office From: Chuck Roth, Assistant City Engineer e` Date: vtltarieL $ mica Re: Hamwi Subdivision Final Plat Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Gravel sidewalks are not in accordance with City specifica- tions which require concrete sidewalks. Council should be consulted about whether or not they want a concrete sidewalk at the project site. 2. The "improvement district" language in the subdivision agreement, item F, does not appear to be in agreement with City standards, specifically the last four lines. 3. The letter of September 22, 1988, from Schmueser Gordon Meyer refers to the drainage on the property saying that the design "will increase the historic rate of recharge." This is not permissible. Current standards are that the historic rate be maintained with no increase or decrease either to run -off from the site or recharging of the aquifer. 4. For subdivision exemption approval, the applicant will be required to submit a plat in accordance with Section 20 -15. The adjacent streets must be shown as well as edges of pavements, proposed sidewalk locations, and proposed drainage swales. If platting is required for other purposes prior to construction, the certificate of occupancy should be conditional on recording an amended plat reflecting as -built conditions. 5. It is required by code that the electric service be provided underground. The Engineering Department requests that the applicant be required to bury its telephone and television service connections also. cc: Jay Hammond CR/cr/memo_88.89 a k • illir IIMPISeir in 4110 _ , • : rwa� e*-oaxa /- i 1 I, --\\. \ ,_ 9 , I. . • 1 -1 ( d i . I : 1 . T ._ . _ Flii.`" li .).. ( 3 .‘ 4 ' sr, I . : 1_ . 4 .a_.",i, c ll . ;; ..n,t.. ,. 1 7 1 n , . sp ' Ta t. _ • +o.� a II { _ _ ( I 1 - 1 A' ° fy. if - 'LOFTMCK I ' k J _ ' C ro . . ' 'L Ulf ,rrFx laa ) . `p e.o.VII. G.TN rK " AJ e-r 0. use Or n-Yf G1T G i — 1a 1 MEMORANDUM TO: Hamwi Subdivision File FROM: Cindy Houben, Planner RE: Planning Commission Review of July 19, 1988 DATE: \ July 20, 1988 On July 19, 1988 the Planning Commission reviewed the Hamwi Subdivision application and set the Public hearing for August 9, 1988. The Planning Commission reviewed the application and made preliminary comments that they approve of the subdivision request with an option to place an employee unit on site. The Planning commission reviewed the conditions recommended by the Planning office as listed below: 1. The applicants submit a final landscape plan to the Planning Office no later than August 2nd in order for the Planning Office to review the plan prior to the August 9th Public Hearing before the Planning Commission. 2. The applicants shall submit a final plat and associated final plat documents pursuant to the Code requirements. These documents should include drawings and language which clarifies the optional employee unit situation. 3. The applicants shall eliminate the patios from within the side yard setback by either moving the building to the north or making the patio areas smaller. 4. The applicants shall submit a letter to the Planning Office from the Water Department noting whether the water line connection between Neale Street and King Street is necessary. 5. The applicants shall supply a general utility easement pursuant to the Engineering Department memo dated June 27, 1988. 6. The applicants shall be subject to all environmental health air pollution/ fireplace regulations in place at the time a building permit is requested and to all conditions as listed by Lee Cassin in her memorandum dated May 11, 1988. 7. The employee unit shall be restricted to the middle income guidelines prior to recordation of the final plat. 8. The applicant shall be required to vacate the prior approval pursuant to section 7 -1007 (c). The Planning Commission requested that condition #6 be resolved by the applicant and the Engineering Department by the August 9th meeting. The applicant wishes to provide a utility easement of 5 feet in width rather than the requested easement of 7 1/2 feet in width. The Planning Commission wants this to be determined by the time of the meeting on August 9, 1988. In addition, the applicant should resolve condition 4 by the 9th meeting. Condition #8 shall be reworded to read as follows: The applicant shall be required to vacate the prior approval pursuant to Section 7 -1007 (c) prior to the recordation of the Plat for this project. Other discussions at that meeting revolved around the ability for the applicant to place more employee units on site. The Planning Commission directed the Planning Office to speak with the Housing Authority about the possibility of the Housing Authority helping build on site employee units in some of these projects and or helping defray the cost of the fees involved in developing a unit (water tap fees, impact fees etc.). ch.hamwipcl ORAN1U ' TO: Aspen Planning and Zoning Commission _ - c L L - _ FROM: Cindy Houben, Planning Office RE: Hamwi Subdivision 1, -{ DATE: 7.,July 19, 198$ �� �� o f i :c Lci ,. APPLICANT: Paul Hamwi REQUEST: Subdivision and PUD (replacement of existing units) and a request for exemption from Growth management for an employee unit. LOCATION: Lot 4, Sunny Park Subdivision, address 170 N. Park Avenue, located at the intersection of Park Avenue and Park Circle. ZONING: RMF PUD HISTORY: This parcel received a Growth management approval in 1985 for 11 units (4 new free market, 3 replacement free market and 4 employee units). This approval expires on September 1, 1988. The applicant has applied for an extension of this approval while he is in this review process. A copy of the approved site design is attached for comparison purposes. DESCRIPTION OF THE PROPOSAL: This application was not given adequate public notice for this meeting. Therefore the Planning Office is requesting that the Planning Commission review the application at this meeting and open the Public Hearing at a special meeting on August 9th in order for adjacent landowners and other concerned .citizens to respond. No formal action should be taken by the Planning Commission at tonight's meeting. The applicant proposes to demolish 3 existing units on the 13,000+ square foot lot and reconstruct 3 new townhouse structures and an optional employee unit. The 3 free market units are proposed to be approximately 2,950 square feet each. The optional employee unit is proposed to be approximately 1,600 square feet. The applicants desire is to construct one employee unit on site, however he is unsure as to whether or not he can afford to build the employee unit at this time. Therefore, he is requesting an exemption from growth management for the employee unit in order to allow him to construct the unit if it turns out to be financially feasible. Attached are copies of the design of the - - development with and without the employee unit_ -SITE DESCRIPTION: The site is a relatively flat site which is bordered on two sides by public roadways (Park Circle and Par -k Aveue). The parcel is 13,393 square feet. The RMF zone district allows a 1:1 FAR. The proposed square footage and unit size is as follows: three (3) bedroom units ranging between 2,920 and 2,980 sq.ft. one (1) bedroom employee unit of 1,660 sq.ft. Total of 15 bedrooms and 10,510 sq. ft. The surrounding land uses are mixed. Directly to the north and east of the site are multi - family structures. To the south and west of the site are multi - family, duplex and single family structures. The Smuggler Mountain area consists of some old and new structures which have traditionally been owned and rented by individuals who live and work in the community. REFERRAL COMMENTS: 1. ENGINEERING: In a memo dated June 27, 1988 Chuck Roth of the Engineering Department made the following comments: 1. This parcel has previously been reviewed for development in 1981, 1982, and 1985. 2. The salient item from previous reviews, in terms of engineering considerations, appears to be the possible need of a water line connection between the 6" line on King Street and the 6" line on Neale Street. The Water Department should be contacted to determine if this requirement should be carried forward from previous applications. 3. The electric utility serving the project site is Holy Cross. They would like, and the City Engineering Department supports, a seven and a half foot general utility easement all around the lot line. 4. For subdivision exemption approval, the applicant will be required to submit a plat in accordance with Section 20- 15. If platting is required for other purposes prior to construction, the certificate of occupancy should be conditional on recording an amended plat reflecting as -built conditions. 2 • 2. FIRE - MARSHAL: The Fire Marshal noted in a memo dated May 10, 1988 that the is within a four minute response time and that adequate water is available to service the area. 3. HOUSING AUTHORITY: In a memorandum dated June 22, 1988 Jim Adamski of the Housing Authority notes that the proposal does not require that employee housing be provided and that he encourages the applicant to provide the deed restricted housing. This unit should be restricted to the middle income guidelines. 4. WATER DEPARTMENT: In a memo dated May 18, 1988 Jim Markalunas of the Water Department notes that the proposal can be served by the Water Department. 5. Aspen Consolidated Sanitation District: In a memo dated June 30, 1988 Heiko Kuhn of the ACSD states that the project can be served with the existing facilities. 6. ENVIRONMENTAL HEALTH: In a memo dated May 11, 1988 Lee Cassin of the Environmental Health Dept. notes the following: 1. The Environmental Health Department assumes that the proposal will be served by City Water and sewer. 2. There is no statement as to how many fireplaces and stoves are planned. The entire project is allowed one fireplace (which will have to contain gas logs if pending legislation passes on second reading) and one certified stove (or a second fireplace containing gas logs if pending legislation passes.) Unlimited numbers of natural gas fireplace appliances are allowed. Each of these devices requires a permit from the Aspen /Pitkin Environmental Health Department. 3. A fugitive dust plan must be submitted to this office to ensure that dust is controlled during demolition and construction. Prior to demolition, the existing building should be tested to determine whether asbestos is present. If any is found, it must be disposed of in an approved manner. 4. The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off -site is discouraged due to the possibility of excessive heavy metals being present in the soil. 5. Since this project is located within the Smuggler Mountain Hazardous Waste Site, the applicant is urged to 3 contact the U.S. Environmental _ Protection Agency. The EPA contact -person is Marilyn - Null art 293 -1698 (Denver. - The - EPA requires information on any building project_within the - hazardous waste boundaries. - - - 6. Construction activities should be limited to the hours of 7 am until 10 pm. - STAFF COMMENTS: 1. This application was made pursuant to the old code. The proposal to replace three existing units is exempt from the Growth Management system. In addition, the applicant is requesting exemption from Growth Management in order to build a deed restricted employee unit. The applicant is also requesting exemption from the mandatory PUD provisions of the Code. 2. The three existing units were verified in the process of reviewing the previous approvals for this property. 3. The application requests exemption from mandatory PUD (section 24- 8.13). The Planning and Zoning Commission has the ability to exempt an application from mandatory PUD if you make the determination that the proposal meets the objectives of the PUD regulations and therefore is not required to go through the entire PUD development review. The mandatory PUD development criteria and the applicants response to those criteria are as follows: ii 1. Criterion. Whether there exists sufficient water pressure and other utilities to service the intended development. Response. In the 1985 Residential GMP process, the Planning Department noted the following: "The Water Department reported that the proposed development can be serviced with no problem due to the extension (looping) of the existing • water line in Park Circle Drive which was accomplished by Centennial. The existing eight inch (8 ") trunk line in Park Circle and sewage treatment plant can service this Project." 2. Criterion. The existence of adequate roads to insure fire protection, snow removal and road maintenance. Response. The project is accessible by Park Circle and Park Avenue; fire protection is adequate by virtue of a fire hydrant approximately fifty feet (50') from the property and response time is under four (4) minutes. 3. Criterion. The suitability of the site for development considering the slope, ground and stability, and the 4 possibility of- mud_flow,_ rock falls- and avalanche dangers. - Response. There are no potential - environmental problems related with the site. - 4. Criterion. The effects of the development of the natural water shed, runoff, drainage, soil erosion and consequent effects on water pollution. Response. The proposed drainage plan is shown on the Site Plan. The development will have minimum impact upon drainage because of the natural terrain of the site. All drainage from pavement of the site will be retained on -site through dry wells. 5. Criterion. The possible effects on air quality in the area and City -wide. Response. The Applicant acknowledges that the Code allows a maximum of one (1) woodburning fireplace and one (1) woodburning stove for the proposed structure. 6. Criterion. The design and location of any proposed structure, roads, driveways or trils and their compatibility with the terrain, which is basically flat. Some vegetation is being relocated on -site. Response. The proposed structure is compatible with the terrain, which is basically flat. Some vegetation is being relocated on -site. 7. Criterion. Whether proposed grading will result in the least disturbance to the terrain and other natural land features. • Response. Proposed excavation and grading are designed to have minimum effect upon the naturally flat terrain. (See Grading and Excavation Plan.) 8. Criterion. The placement and clustering of structures and reduction of building height and scale to increase open space and preserve natural features of the terrain. Response. The proposed structure is placed away from existing structures, and is within the available height and FAR restrictions. In summary the Planning Office does not object to the waiver of the mandatory PUD procedures for the proposal. The applicants have adequately addressed the criteria listed above. Given the form of the development (multi - family) the applicants have addressed the clustering aspects of the intention of the PUD 5 regulations. In regard to the design aspects of the structure the applicants propose a three story building with lap wood siding - - and pitched roof lines (see attached design). -The applicants did - - not provide us with a copy of the _ elevation and design of the - - structure if the employee unit is not to be included. The Planning Office assumption is that the structure will look basically the same with the smaller inside (employee unit) taken out. The proposed setbacks for the two optional designs are as follows: PROPOSED: REQUIRED: 4 UNIT DEVELOPMENT: Front yard - 14' 10' Rear yard - 11' 10' Side yard - 10' 5' Side yard - 10' 5' PROPOSED: REQUIRED: 3 UNIT DEVELOPMENT: Front yard - 22.5' 10' Rear yard - 10.5' 10' Side (north) - 30' Side (south) - 10.5' In both cases the patios for the structures encroach into the north side yard setback. The Planning Office recommendation is to either cut down the size of these patios or move the buildings further to the south side of the lot. No request for a variation of the setback was requested in the application. The application states that a gravel sidewalk will be provided by the applicant until such time the City Engineering Department determines the exact location of the road alignment and R.O.W. along the property lines. At such time this is determined the applicants will construct a sidewalk meeting code requirements. The maximum height in the RMF zone district is 25 feet (with allowance for 5 additional feet to the peak of the roof). The proposed elevations illustrate a maximum height of 30 feet to the top of the roof line from existing grade. This meets the code requirements. The individuals who will be most affected by the project are those living in the multi- family structures to the north and northeast. These individuals will lose a great deal of their existing views towards the south and west due to the height and location of the proposal. The only way to mitigate the impact is to require that the applicants build a single story structure. This design however would require the units be totally reconfigured on the parcel and that the applicants resubmit a plan. As you can tell from the prior approval, the new proposal 6 reduces the overall_buildout on_the site and leaves a greater - -_ -- buffer at the intersection of Park - and Park Circle. The staff feels that the current proposal is a much less intensive site design than what is currently approved and will - have less impact on the neighborhood. - The access to the site is proposed off of Park Circle. Each unit will contain a 2 car garage and one additional space per unit supplied in the northwest corner of the lot. This meets the requirements of the code with regard to parking. The proposal is to provide limited landscaping around the buildings. The exact size and type of trees has not been submitted by the applicant at this time. The Planning Office recommends that the corner of the property (at the intersection of the two streets) have the most concentrated area of landscaping since it will be the most visible from a public perspective. We also recommend that the applicants supply the Planning Office with a more detailed landscape plan to be reviewed by the Planning Commission on the 9th of August. At that time a final recommendation from the Planning Commission can be sent to the City Council. 4. The applicant is requesting exemption from the Growth Management competition pursuant to section 24 -11.2. The proposed employee unit is a two bedroom 1,600 square feet unit. The Planning Office and Housing Authority recognize the need in the community for additional employee housing and strongly encourage the Planning Commission to approve this exemption request for a deed restricted unit on site. 5. The request for the three units is consistent with the area and bulk requirements for the RMF zone district. 6. The 1973 Aspen Area Comprehensive Plan designates this area as 13 H a multi - family area which is consistent with the proposed use. u f / RECOMMENDATION: The Planning Office advises the Planning 1'o or Commission to withhold a final approval of the application until August 9, 1988 after the Public Hearing on the application has been officially held. The Planning Office recommends that at that time, the Planning Commission approve the request for exemption from mandatory PUD, approve the request for exemption from Growth Management for the optional employee unit and approve the application as the preliminary submittal for the Hamwi subdivision with the following conditions: 1. The applicants submit a final landscape plan to the Planning Office no later than August 2nd in order for the 7 • - Planning Office to review the plan prior to the August 9th _ _ - Public Hearing before the Planning Commission. -2. - The applicants shall submit a final plat and associated - final 'plat "documents pursuant to the Code requirements. These documents should include drawings and language which clarifies the optional employee unit situation. '2" - -? 3. The applicants shall eliminate the patios from within the OP side yard setback by either moving the building to the north or making the patio areas smaller. 4. The applicants shall submit a letter to the Planning Office from the Water Department noting whether the water / line connection between Neale Street and King Street is necessary. - :1 5. The applicants shall supply a general utility easementL pursuant to the Engineering Department memo dated June 27, 1988. 6. The applicants shall be subject to all environmental health air pollution/ fireplace regulations in place at the time a building permit is requested and to all conditions as listed by Lee Cassin in her memorandum dated May 11, 1988. 7. The employee unit shall be restricted to the middle income guidelines prior to recordation of the final plat. 8. The applicant shall be required to vacate the prior approval pursuant to section 7 -1007 (c). { ,�; ch.hamwi 8 MEMORANDUM TO: Aspen Planning Commission FROM: Cindy Houben,Planning Office RE: Map attachments - DATE: 1 3'tlly - 18,1988 The map attachments referred to in your packet for 727 E. Hopkins condominiumization and the Hamwi subdivision are attached here. We had difficulty reducing these maps on Friday afternoon. I hope this has not caused you any inconvenience.Thank you. e els -_/ � - �/ \ -4 I - i 11 \\\\ , 1, 1 _____,H �� / i rt 11 -2U I - L- I i ! - it - - L ______ ___ (1 I ® 1 , „,,. i�1 .,, ii, 7,,, 1 �i.' L._ -. . _ -- ___ - __ -II- 1 __ o , 60' r l � � .0,/, 72 E. Nopk��1 1 J I0 S I . ......_ I, _ ___ I 1 . .. ,,, ..______, -iz f, A -- ftE .. y 4/ azz „----- A I L E Y / A L 0 C K l 6 T 1 / l l F 7 10 9 2__� ~ 7 _ - - _ \.. F- - __ - - _ (.. e 4 0 0 a D D ➢N N 13/ 3 /' li I _ l - , f / :1c .. _ N r I 1 n n / n lr i oil ', N . vc / � li l i /Wa 1 1 i , 1 -- ‘ M1ti . m rc�i, rt;G 1 O O 9 \ r ii f - I i - %O G 9 [ A) \ l , f 1 O icy J rt I 9 e c. \ C < F I I ,, • , , I M hi vu 't. ,/ 1 4 'A- irler2 51/2 aY [A KLIN121A 06"0101. NOW" a rintsv -Azwv# . ... . . • -kg In ay., Jr asaagg awl . -..... ----... - -CA - 67,7 li. : )2b CA 1111 \ I cp 0 pz) Is _‘-- 9.9,6„ z 0 ± ,... _, 4 g lb6 0 x .". - - - -C I ( . -?"- --- ---- ONA r - ------s 0 - 7\7_ i - .. , ( 2 . 3 •Ds 70 ' ' \ , 11, , x c - lf6 i — r11 , k \ a c, . . • 0 w a IF - -.._----- --/ ,,e Fil ( ..... co Iis ittg. \__ . 1 2 co L, z • -alb 1 . . r i.. 1 , tilt 1/4 St; • —I "— MN Ce• isb Z - • , i • S —a C.0 • ...., CO r.) ts CP I . i ' . ' • - d ' " . • • , * I :\. : ; ' • c • , . . - , V / e i 1 0 \ ' / 4m ' 1 .‘".: j \ ......„/ '...: ; t,c6, N., , 7 , - ) i , , ,.. ) 1 . _ - \_ 2 , -----i C \ -6:- \ \ \ _ 1 Li _ _ - ,,,_ //(- - _ LAW OFFICES ' rl!. ;j GIDEON I. KAUFMAN N` "{T'� A PROFESSIONAL CORPORATION BOX 10001 TELEPHONE GIDEON I. KAUFMAN 315 EAST HUMAN AVENUE, SUITE 305 AREA CODE 303 RICHARD 5. LUHMAN ASPEN. COLORADO 81611 925 -8166 March 28, 1988 Ms. Cindy Houben, Planner Aspen /Pitkin County Planning Office - 130 South Galena Aspen, Colorado 81611 ;e Re: GMP Exemption for Lot 4, Sunny Park Subdivision Dear Cindy: Please consider this our application on behalf of Paul Hamwi for exemption from the development allotment procedures of the Growth Management Quota System for verification of existing number of units on Lot 4, Sunny Park Subdivision, and for the reconstruction of three (3) free - market units on said lot pursuant to §24- 11.2(a) of the Aspen City Code, and for an exemption for the construction of one (1) additional employee housing unit, deed restricted in accordance with the City's adopted employee housing guidelines for the middle income level pursuant to §24- 11.2(f) of the Aspen City Code. The parcel in question is located at the Northwest corner of Park Avenue and Park Circle and contains 13,390 sq. ft. It is currently improved with a two -story wood structure containing three (3) apartments which the owner proposes to demolish and reconstruct, together with the above - mentioned employee unit of approximately 1,000 sq. ft. This proposal was previously submitted as part of the Sunny Park project proposal in the 1985 Residential GMP competition. At that time, the existing number of units on Lot 4, Sunny Park Subdivision, had been verified and found to be three existing free market units exempt from the Growth Management procedures in the Planning and Zoning Commission Resolution No. 86 -4. It is submitted that that finding is still applicable at this time, and that this application is appropriate for direct presentation to the City Council. Enclosed are eight (8) copies of a site plan, landscape plan, conceptual architectural floor plans and elevations, together with a list of adjacent property owners prepared by Pitkin County Title, and a check for review fees in the amount of $1,400.00. Ms. Cindy Houben March 28, 1988 Page 2 Once you have reviewed the enclosed, kindly schedule this matter for the earliest available agenda date. Thank you for your thoughtful attention. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation S. L man' RSL /bw Enclosures LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION SOX 10001 GIDEON I. KAUFMAN TELEPHONE 315 EAST HYMAN AVENUE. SUITE 305 AREA CODE 2O3 RICHARD 5. LUHMAN ASPEN. COLORADO 81611 925 March 28, 1988 Ms. Cindy Houben, Planner Aspen /Pitkin County Planning Office 130 South Galena Aspen, Colorado 81611 Re: GMP Exemption for Lot 4, Sunny Park Subdivision Dear Cindy: Please consider this our application on behalf of Paul Hamwi for exemption from the development allotment procedures of the Growth Management Quota System for verification of existing number of units on Lot 4, Sunny Park Subdivision, and for the reconstruction of three (3) free - market units on said lot pursuant to §24- 11.2(a) of the Aspen City Code, and for an exemption for the construction of one (1) additional employee housing unit, deed restricted in accordance with the City's adopted employee housing guidelines for the middle income level pursuant to §24- 11.2(f) of the Aspen City Code. The parcel in question is located at the Northwest corner of Park Avenue and Park Circle and contains 13,390 sq. ft. It is currently improved with a two -story wood structure containing three (3) apartments which the owner proposes to demolish and reconstruct, together with the above - mentioned employee unit of approximately 1,000 sq. ft. This proposal was previously submitted as part of the Sunny Park project proposal in the 1985 Residential GMP competition. At that time, the existing number of units on Lot 4, Sunny Park Subdivision, had been verified and found to be three existing free market units exempt from the Growth Management procedures in the Planning and Zoning Commission Resolution No. 86 -4. It is submitted that that finding is still applicable at this time, and that this application is appropriate for direct presentation to the City Council. Enclosed are eight (8) copies of a site plan, landscape plan, conceptual architectural floor plans and elevations, together with a list of adjacent property owners prepared by Pitkin County Title, and a check for review fees in the amount of $1,400.00. Ms. Cindy Houben March 28, 1988 Page 2 Once you have reviewed the enclosed, kindly schedule this matter for the earliest available agenda date. Thank you for your thoughtful attention. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation By 4‘a ItVS- an' AaIda RSL /bw Enclosures LAW OFFICE[ GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION SOX 10001 GIDEON I. KAUFMAN T(L[PMON( 315 EAST HYMAN AVENUE. SUITE 305 AREA COO[ 202 RICHARD 5. LUMMAN ASPEN. COLORADO 111611 t25•S1146 March 28, 1988 Ms. Cindy Houben, Planner Aspen /Pitkin County Planning Office 130 South Galena Aspen, Colorado 81611 Re: P.U.D. Exemption for Lot 4, Sunny Park Subdivision Dear Cindy: Kindly consider this our application on behalf of Paul Hamwi for exemption from the mandatory P.U.D. provisions of Article 8 of the Zoning Code as provided in §24 -8.13 for the property located on Lot 4, Sunny Park Subdivision, City of Aspen, Pitkin County, Colorado. This application is based on the fact that such exemption was granted to the Sunny Park project proposed for said Lot 4 by the Planning & Zoning Commission and the City 'Council in connection with the 1985 Residential GMP competition. It is submitted that such exemption remains appropriate since the StiCi P.U.D. review criteria principally apply to development on steep slopes which this already developed lot cannot be characterized as. There are eight criteria for mandatory P.U.D. review. The P &Z found that the concerns in those eight criteria did not affect the site since the first .seven criteria deal with utilities and steepness which are not an issue on this flat site. Criteria No. 8 is again intended to address steep sites that have a limited suitable building site, while this parcel is a flat site. This application is consistent with the existing, as well as proposed, Code. We believe that the plans that have been submitted preserve the natural features of the terrain, allow for adequate open space, and provide for building height and scale that are comiiiementary with the surrounding neighborhood. At the time of the 1985 Residential GMP competition, no one, including the City Engineering Department, could understand why this property was included in the mandatory P.U.D. provision since it is a classic flat lot, suitable for normal development approaches. The applicant, therefore, respectfully requests that this parcel be exempted from the mandatory P.U.D. requirements, and that all further development of this lot be dealt with in an exemption from subdivision process as spelled out in §20- 19(b). That Code section allows the City Council to exempt land from subdivision when such division of land is not within the intent Ms. Cindy Houben March 28, 1988 Page 2 or purpose of that chapter because the requirement is redundant, serves no public purpose, and is unnecessary in relation to land use policies in the City of Aspen when a triplex which merely replaces the existing units on site is built on a previously divided lot. While I believe the above application to be complete as presented, please do not hesitate to contact the undersigned should you require anything further. On the other hand, if you concur in my assessment, I would appreciate your scheduling this matter for the earliest hearing possible. Thank you for your thoughtful attention. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation BY 41/411J -41111111--- chard S. Luhma ✓ RSL /bw ~Y� VERIFICATION OF APPLICATION I, PAUL HAMWI, hereby state that the information contained in the applications for P.U.D. exemption and GMP exemption for Lot 4, Sunny Park Subdivision, is true •• cor o the best of my knowledge. PAUL I • I� LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION 80X 10001 TELEPHONE GIDEON L KAUFMAN 315 EAST HVMAN AVENUE. SUITE 305 AREA CODE 303 RICHARD S. LUHMAN ASPEN. COLORADO 81611 S25 - •168 March 28, 1988:1 Ms. Cindy Houben, Planner Aspen /Pitkin County Planning Office 130 South Galena Aspen, Colorado 81611 Re: P.U.D. Exemption for Lot 4, Sunny Park Subdivision Dear Cindy: Kindly consider this our application on behalf of Paul Hamwi for exemption from the mandatory P.U.D. provisions of Article 8 of the Zoning Code as provided in §24 -8.13 for the property located on Lot 4, Sunny Park Subdivision, City of Aspen, Pitkin County, Colorado. This application is based on the fact that such exemption was granted to the Sunny Park project proposed for said Lot 4 by the Planning & Zoning Commission and the City Council in connection with the 1985 Residential GMP competition. It is submitted that such exemption remains appropriate since the P.U.D. review criteria principally apply to development on steep slopes which this already developed lot cannot be characterized as. There are eight criteria for mandatory P.U.D. review. The P &Z found that the concerns in those eight criteria did not affect the site since the first seven criteria deal with utilities and steepness which are not an issue on this flat site. Criteria No. 8 is again intended to address steep sites that have a limited suitable building site, while this parcel is a flat site. This application is consistent with the existing, as well as proposed, Code. We believe that the plans that have been submitted preserve the natural features of the terrain, allow for adequate open space, and provide for building height and scale that are complementary with the surrounding neighborhood. At the time of the 1985 Residential GMP competition, no one, including the City Engineering Department, could understand why this property was included in the mandatory P.U.D. provision since it is a classic flat lot, suitable for normal development approaches. The applicant, therefore, respectfully requests that this parcel be exempted from the mandatory P.U.D. requirements, and that all further development of this lot be dealt with in an exemption from subdivision process as spelled out in §20- 19(b). That Code section allows the City Council to exempt land from subdivision when such division of land is not within the intent Ms. Cindy Houben March 28, 1988 Page 2 or purpose of that chapter because the requirement is redundant, serves no public purpose, and is unnecessary in relation to land use policies in the City of Aspen when a triplex which merely replaces the existing units on site is built on a previously divided lot. While I believe the above application to be complete as presented, please do not hesitate to contact the undersigned should you require anything further. On the other hand, if you concur in my assessment, I would appreciate your scheduling this matter for the earliest hearing possible. Thank you for your thoughtful attention. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation BY 444Piff iLl�9�d�� -- chard S. Luhma LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 TELEPHONE GIDEON I. KAUFMAN 315 EAST HVMAN AVENUE. SUITE 305 AREA CODE 303 MARTHA C. PICKETT ASPEN. COLORADO 81611 925 -6166 May 4, 1988 Cindy Houben NOW 4 Aspen /Pitkin County Planning Office 130 South Galena Aspen, Colorado 81611 Re: Lot 4, Sunny Park Subdivision- -Hamwi Dear Cindy: Pursuant to your request, please accept this letter as clarification of and supplement to the Applications for GMP Exemption and PUD Exemption for Lot 4, Sunny Park Subdivision, submitted to you on March 28, 1988, by Richard Luhman of this office. 1. The Applicant acknowledges that approval of GMP Exemption will allow him to reconstruct three (3) existing free - market units on Lot 4 with one (1) additional employee housing unit, deed - restricted as a middle- income housing unit. Upon approval of this GMP Exemption Application, the Applicant agrees to relinquish the four (4) free - market units allocated in the Growth Management competition of 1985. 2. As shown on plans submitted, although the proposed plan has more square footage than the 1985 approved plan, the proposed plan consists of fewer units. 3. Verification of Ownership of the subject property is provided in Exhibit "A" attached hereto. 4. The GMP Exemption Application, dated March 28, 1988, noted that the employee unit would consist of approximately 1,000 square feet. The Applicant requests clarification of the square footage represented because the plan submitted consists of a 2- bedroom employee unit of 1,660 square feet. 5. The request for exemption from the mandatory P.U.D. requirements is based upon the satisfaction of criteria in §24 -8.13 as follows: a.(i) Criterion. Whether there exists sufficient water pressure and other utilities to service the intended development. a.(ii) Response. In the 1985 Residential GMP process, the Planning Department noted the following: "The Water Department reported that the proposed development can be Ms. Cindy Houben May 4, 1988 Page 2 serviced with no problem due to the extension (looping) of the existing water line in Park Circle Drive which was accomplished by Centennial. The existing eight inch (8 ") trunk line in Park Circle and sewage treatment plant can service this Project." b.(i) Criterion. The existence of adequate roads to insure fire protection, snow removal and road maintenance. b.(ii) Response. The Project is accessible by Park Circle and Park Avenue; fire protection is adequate by virtue of a fire hydrant approximately fifty feet (50') from the property and response time is under four (4) minutes. c.(i) Criterion. The suitability of the site for development considering the slope, ground and stability, and the possibility of mud flow, rock falls and avalanche dangers. c.(ii) Response. There are no potential environmental problems related with the site. d.(i) Criterion. The effects of the development of the natural water shed, runoff, drainage, soil erosion and consequent effects on water pollution. d.(ii) Response. The proposed drainage plan is shown on the Site Plan. The development will have minimum impact upon drainage because of the natural terrain of the site. All drainage from pavement of the site will be retained on -site through dry wells. e.(i) Criterion. The possible effects on air quality in the area and City -wide. e.(ii) Response. The Applicant acknowledges that the Code allows a maximum of one (1) woodburning fireplace and one (1) woodburning stove for the proposed structure. f.(i) Criterion. The design and location of any proposed structure, roads, driveways or trails and their compatibility with the terrain. f.(ii) Response. The proposed structure is compatible with the terrain, which is basically flat. Some vegetation is being relocated on -site. g.(i) Criterion. Whether proposed grading will result in the least disturbance to the terrain and other natural land features. g.(ii) Response. Proposed excavation and grading are designed to have minimum effect upon the naturally flat terrain. (See Grading and Excavation Plan.) Ms. Cindy Houben May 4, 1988 Page 3 h.(i) Criterion. The placement and clustering of structures and reduction of building height and scale to increase open space and preserve natural features of the terrain. h.(ii) Response. The proposed structure is placed away from existing structures, and is within the available height and FAR restrictions. If you have any questions or comments regarding the enclosed, please contact me at your earliest opportunity. Sincerely, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professio Corporation By �G' , ��� rth I C. Pickett MCP /bw ,; \land \hamwi.app M olted //4 tvi WAYNE L. VANDEMARK, FIRE MARSHAL 420 E. HOPKINS STREET ASPEN, COLORADO 81611 (303) 925 -2690 MAYIO To: Cindy Houben,`Planning From: Wayne Vandemark, Fire Marshal Re: Hamwi GMP Exemption Date: ', May 10, 1988„ The proposed project is in the Aspen Fire Protection District. The response time is approximately four minutes. There is ample water in the area for fire protection. % ASPENOPITKIN EN \,IRDNMENTAL HEALTH DEPARTMENT MEMORANDUM To: Cindy M. Houben Planning Office From: Lee Cassin E C Environmental Health Department Date: May 11, 1988 Re: Hamwi GMP Exemption, PUD Exemption and Subdivision Parcel ID# 2737- 074 -04 -004 The Aspen /Pitkin Environmental Health Department has reviewed the above - mentioned land use submittal for the following concerns. The authority for this review is granted to this office, which is a recognized land use referral agency, by the Aspen /Pitkin Planning Office. SEWAGE TREATMENT AND COLLECTION: We assume the project will be served by the Aspen Consolidated Sanitation District which is in compliance with policies of this office. ADEQUATE PROVISIONS FOR WATER NEEDS: We assume this project will be served by the City of Aspen Water System which is in conformance with policies of this office. AIR OUALITY: 9- There is no statement as to how many fireplaces and stoves are planned. The entire project is allowed one fireplace (which will have to contain gas logs if pending legislation passes on second reading) and one certified stove (or a second fireplace containing gas logs if pending legislation passes.) Unlimited numbers of natural gas fireplace appliances are allowed. Each of these devices requires a permit from the Aspen /Pitkin Environmen- tal Health Department. ! A fugitive dust plan must be submitted to this office to ensure that dust is controlled during demolition and construction. Prior to demolition, the existing building should be tested to determine whether asbestos is present. If any is found, it must be disposed of in an approved manner. NOISE: It is not anticipated that there will be any noise problems after construction.;-,Construction activities should be limited to the 130 South Galena Street Aspen, Colorado 89691 303/925-2020 • ASPEN *PITKIN ENVIRONMENTAL HEALTH DEPARTMENT hours of 7 am until 10 pm. CONFORMANCE WITH OTHER LAWS: None applicable. CONTAMINATED SOILS: f The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off -site is discouraged due to the possibility of excessive heavy metals being present in the soil. • Since this project is located within the Smuggler Mountain Hazardous Waste Site, the applicant is urged to contact the U.S. Environmental Protection Agency. The EPA contact person is Marilyn Null at 293 -1698 (Denver). The EPA requires information on any building project within the hazardous waste boundaries. 130 South Galena Street Aspen, Colorado 81611 303/925 -2020 ASPEN WATER DEPARTMENT MEMORANDUM TO: CINDY M. HOUBEN, PLANNING OFFICE FROM: JIM MARKALUNAS SUBJECT: HAMWI GMP EXEMPTION, ID #2737— O74- O4 -OO4 (SUNNY PARK LOT 4) DATE: AY. 18, '1988 Alb We have reviewed the applicant's submittal pertinent to this property and because the present property is now serviced by the Water Department we will continue to provide service to the applicant with payment of any required fees. JM:ts cc: Judy MEMORANDUM TO: Cindy Houben FROM: Jim Adamski, Housing RE: Hamwi Exemption DATE: June 22, 1988,? This project does not require employee housing. The applicant is offering to deed restriction a 1600 SF employee unit to the middle income guidelines. Although this restriction is not required, we not only approve what Mr. Hamwi is doing, but encourage it. He is restricting an employee unit to the middle income guidelines. The plans indicate a unit of approximately 1600 SF. We recommend that the applicant be allowed to rent the unit under the Housing Authority Guidelines (1200 SF largest rental price applicable even though unit is larger). The deed restriction should be approved by the Housing Authority prior to recordation and prior to issuance of any temporary or final CO. We will be glad to work with Mr. Hamwi in getting this unit deed restricted. Any questions, please call. MEMORANDUM To: Cindy M. Houben, Planning Office From: Chuck Roth, Assistant City Engineer CC Date: June 27, 1988'' Re: Hamwi GMP Exemption, PUD Exemption and Subdivision Exemption Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. This parcel has previously been reviewed for development in 1981, 1982, and 1985. 2. The salient item from previous reviews, in terms of engineer- ing considerations, appears to be the possible need of a water line connection between the 6" line on King Street and the 6" line on Neale Street. The Water Department should be contacted to determine if this requirement should be carried forward from previous applications. 3. The electric utility serving the project site is Holy Cross. They would like, and the City Engineering Department supports, a seven and a half foot general utility easement all around the lot line. 4. For subdivision exemption approval, the applicant will be required to submit a plat in accordance with Section 20 -15. If platting is required for other purposes prior to construction, the certificate of occupancy should be conditional on recording an amended plat reflecting as -built conditions. cc: Jay Hammond CR /cr /memo_88.58 Aspen Consolidated Sanitati 'D 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925 -3601 Tele. (303) 925 -2537 ,JUN 3 0 June 29, 1988 Ms. Cindy Houben, Planner Aspen /Pitkin County Planning Office 130 South Galena Aspen, Colorado 81611 RE: Lot 4 Sunny Park Subdivision Dear Ms. Houben, This application submitted by Paul Hamwi for reconstruction of three existing free - market units in Sunny Park Subdivision can be served by the Aspen Consolidated Sanitation District. The districts sanitation plant has adequate capacity and the trunk line nearby has adequate capacity to handle this project. Sincerely J Q t'C-t Heiko Kuhn, Manager Aspen Consolidated Sanitation District LAW OFFICES JUL 1 3198 GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 TELEPHONE GIDEON I. KAUFMAN 315 EAST HUMAN AVENUE. SUITE 305 AREA CODE 303 MARTHA C. PICKETT ASPEN. COLORADO 81611 925 -8166 July 13, 1988 ,, Ms. Cindy Houben 130 South Galena Street Aspen, Colorado 81611 Re: Request for Amendment of Sunny Park Application Dear Cindy: Please accept this letter as a request for amendment of the Sunny Park application. The applicant, Paul Hamwi, is seeking approval from the Planning & Zoning Commission to have the option to construct the employee unit. The current application proposes three free - market units (Units A, C, and D) and one employee unit (Unit B), to be deed restricted as a middle- income unit. Due to financial considerations, Mr. Hamwi is requesting that the Board approve the proposed plan, giving him the option of deleting the employee housing unit. As we discussed, Mr. Hamwi wishes to go before the Board on July 19, as scheduled. Prior to that time, the consultants will provide your office with a revised plan showing the project without the employee unit. We will also be providing any necessary information to the referral agencies in order to get an informal review prior to next week's meeting. Thank you for your consideration and cooperation in this amendment request. Please let me know if you need additional information. Sincerely, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation By i Ma ha . Pickett MCP /bw cc: Paul Hamwi LAW OFFICES JUL GIDEON I. KAUFMAN JUL 2 0 I: A PROFESSIONAL CORPORATION BOX 10001 TELEPHONE GIDEON I. KAUFMAN 315 EAST HVMAN AVENUE. SUITE 305 AREA CODE 303 MARTHA C. PICKETT ASPEN. COLORADO 61611 925 -8166 `July 8, 1988,4 Ms. Cindy Houben Aspen /Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Sunny Park Project Dear Cindy: Please consider this letter a request for a vested property right in the approved final plan, i.e. Site Specific Development Plan for the Sunny Park Subdivision. The Sunny Park Project is currently scheduled for review before the Planning & Zoning Commission on July 19, 1988. At that time, the Commission will consider a request by the applicant, Paul Hamwi, that the project be exempt from GMP and the mandatory PUD provisions. In order to expedite the procedure, we request that the public hearing for vested property rights be held before the City Council simultaneously with the approval of the Final Plan. Sincerely, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation By ( l k ^/ rthp C. Pickett MCP /bw cc: Paul Hamwi CERTIFICATE OF MAILING I, hereby certity that on this day of 198rm a true and correct copy of the attached N tice of Public Hearing was deposited in the United States mail, first -class postage prepaid, to the adjacent property owners ap indicated on the attached list of adjacent property owners which was supplied to the Planning Office by the applicant in regard to the case named on the public notice. Nancy Caet' . PUBLIC NOTICE RE: HAMWI GMP EXEMPTION, PUD EXEMPTION AND SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be heard on Tuesday, August 9, 1988, at a special meeting, to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, 2nd Floor, Old City Council Chambers, 130 S. Galena Street, Aspen, CO, to consider an application submitted by Marty Pickett, on behalf of her client, Paul Hamwi, requesting GMP Exemption, PUD Exemption and Subdivision approval for reconstruction of three existing free - market units on Lot 4, Sunny Park Subdivision with one additional employee housing unit. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena Street, Aspen, CO 81611 (303) 925 -2020, ext. 227. s /C. Welton Anderson Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on July 21, 1988. City of Aspen Account. LAW OFFICES GIDEON 1. KAUFMAN A PROFESSIONAL CORPORATION Box 10001 GIDEON I. KAUFMAN TELEPHONE 315 EAST HYMAN AVENUE. SUITE 305 AREA CODE 303 RICHARD S, IUHMAN ASPEN. COLORADO 81811 935'81118 March 28, 1988:, Ms. Cindy Houben, Planner Aspen /Pitkin County Planning Office 130 South Galena Aspen, Colorado 81611 Re: GMP Exemption for Lot 4, Sunny Park Subdivision Dear Cindy: Please consider this our application on behalf of Paul Hamwi for exemption from the development allotment procedures of the Growth Management Quota System for verification of existing number of units on Lot 4, Sunny Park Subdivision, and for the reconstruction of three (3) free - market units on said lot pursuant to §24- 11.2(a) of the Aspen City Code, and for an exemption for the construction of one (1) additional employee housing unit, deed restricted in accordance with the City's adopted employee housing guidelines for the middle income level pursuant to §24- 11.2(f) of the Aspen City Code. The parcel in question is located at the Northwest corner of Park Avenue and Park Circle and contains 13,390 sq. ft. It is currently improved with a two -story wood structure containing three (3) apartments which the owner proposes to demolish and reconstruct, together with the above - mentioned employee unit of approximately 1,000 sq. ft. This proposal was previously submitted as part of the Sunny Park project proposal in the 1985 Residential GMP competition. At that time, the existing number of units on Lot 4, Sunny Park had been verified and found to be three existing free market units exempt from the Growth Management procedures in the Planning and Zoning Commission Resolution No. 86 -4. It is submitted that that finding is still applicable at this time, and that this application is appropriate for direct presentation to the City Council. Enclosed are eight (8) copies of a site plan, landscape plan, conceptual architectural floor plans and elevations, together with a list of adjacent property owners prepared by Pitkin County Title, and a check for review fees in the amount of $1,400.00. Ms. Cindy Houben March 28, 1988 Page 2 Once you have reviewed the enclosed, kindly schedule this matter for the earliest available agenda date. Thank you for your thoughtful attention. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation aljG g By 416 ' RSL/bw Enclosures w,,, ASPEN /PITKIN PLANNING OFFICE 130 S_ Galena Street Aspen, OD 81611 (303) /ll 925 -2020 Date : g, / (ti • , � _ti /� • C . MPS RE: K�/ /Ay�w• �i aow Sw QV'Ok6— Q '�yto.`^�" T Dear cla.� This is to inform you that the Planning Office has completed its preliminary review of the N We have captioned application_ CJ UM that t your r a application 9 NOT oompleter� 0 Additional items required include: d, Disclosure of Ownership (one copy only needed) . Adjacent Property Owners List /Envelopes /Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica tion Response to list of items (attached /below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ V A.. Your application is compFete and we have sch duled it for review by the IQ 2, - on We will call you if we need any additional in €ocmati n prior to that date.. ' Several days prior to your hearing, we will' call and make available a copy .of the memorandum_. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee- _ B. Your application is incomplete, we have not scheduled it review at this time_ When we receive the materials we have. requested, we will place you on the next available agenda- If you have any questions, please call CV /Dr the planner assigned to your case.. Sincerely. ASPEN/PITKIN PLANNING OFFICE n , 1 ,. r , 1 MEMORANDUM TO: City Attorney City Engineer Housing Director Aspen Water Department Environmental Health Aspen Consolidated Sanitation District Fire Marshal FORM: Cindy M. Houben, Planning Office RE: Hamwi GMP Exemption, PUD Exemption and Subdivision Parcel ID# 2737 - 074 -04 -004 DATE: May 9, Attached for your review and comments is an application submitted by Marty Pickett, on behalf of her client, Paul Hamwi, requesting GMP Exemption, PUD Exemption and Subdivision approval for reconstruction of three existing free - market units on Lot 4, Sunny Park Subdivision with one additional employee housing unit. Please review this material and return your comments no later than June 17, 1988 in order for this office to have adequate time to prepare for its presentation before P &Z. Thank you.