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HomeMy WebLinkAboutcoa.lu.sp.Aspen Consoldiated Sanitation District.A009-982737-073-00-854 A009-98 ACSD SPA Amendment(565 N. Mill SO ll)x.,*a #,31,12- S I an Tom Bracewell QuQ _ oO Z3 565 N. Mill St. Collection Systems Uu Aspen, Colorado 81611 Superintendent I (303)925-3601 I• • 0159 COM dMTY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection k j&, Other Fees: Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1384 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL I f NAME:J-.1)0- , ADDRESS/'PROJECT: <3Pa a PHONE: r CHECK# -7 CASE/PERMIT#: # OF COPIES:-�� DATE: INITIAL: PARCEL ID: 2737-073-00 854 DATE RCVD"e. 02/13/98 # COPIE 12IIIIIIIIIIV CASE NO A009 98 CASE NAMEI Aspen Consolidated Sanitation District SPA Amendment PLNR: Chris Bendon PROJ ADDR: 565 N. Mill M. (•CASE TYP: SPA Amendment STEPSF OWN/APP: ACSD - Bracewell, ADR 565 N. Mill St. CIS/Z: Aspen, CO 81611 PHN 925-3601 REP: Horn, Glenn - Davis Horn In ADR: 21 5 S. Monarch St. S C/S/Z: Aspen, CO 81611 � HN 925-6587 FEES DUE: 2160+ 1 10(Eng) ,- 1 55(EH) + FEES RCVD• 2495 STAT. REEF— BY MTG DATE REV BODY PH NOTICED CLOSEt PLAT SUBMITD: j�� PLAT fBK TE OF FINAL '' CITY COON BOA: DRAC: 0 0 ORDINANCE NO. 10 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL AND FINAL SPECIALLY PLANNED AREA (SPA) APPROVAL, AN EXEMPTION FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES FOR AN EXPANSION OF AN ESSENTIAL PUBLIC FACILITY AND DEVELOPMENT OF . ONE AFFORDABLE HOUSING UNIT, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING IS TO BE PROVIDED, AND VESTED PROPERTY RIGHTS FOR THE ASPEN CONSOLIDATED SANITATION DISTRICT FACILITY, 565 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 2737-073-00-854 WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant) submitted an application (development proposal) to the Community Development Department for the development of approximately 8,100 additional square feet for offices, general employee areas, the storage and maintenance of equipment, and an on -site employee dwelling unit at the ACSD offices, 565 North Mill Street; and, WHEREAS, the applicant has requested a combined Conceptual and Final Specially Planned Area (SPA) approval, exemption from the Growth Management Quota System for essential public facilities and one affordable housing unit, approval of the method in which housing is proposed to be provided, Conditional Use approvals from affordable housing and maintenance facility, a waiver of the "Residential Design Standards," Stream Margin Review, and Special Review to establish the parking requirements; and, WHEREAS, the Community Development Department, the Housing Authority, the City Engineer, the Fire Marshal, the Environmental Health Department, and the Building Department reviewed the development proposal in accordance with all applicable procedure and review criteria set forth in Sections 26.28, 26.52, 26.56, 26.58, 26.60 26.64, 26.68, 26.80, and 26.100, of the Municipal Code; and, WHEREAS, the Planning and Zoning Commission may approve applications for Conditional Use, Special Review, waivers of the "Residential Design Standards," and Stream Margin Review and may recommend City Council approve Specially Planned Areas (SPA) pursuant to Sections 26.52, 26.58, 26.60, 26.64, 26.68, and 26.80, and approved said requests and recommended said actions, by a 6-0 vote, pursuant to said Sections at a duly noticed public hearing on April 7, 1998; and, WHEREAS, the Growth Management Commission may recommend City Council exempt essential public facilities and affordable housing from the Growth Management Quota System pursuant to Sections 26.52 and 26.100, and recommended said action, by a 11-0 vote, pursuant to said sections at a duly noticed public hearing on April 7, 1998; and Ordinance No. 10, Series 1998 Page 1 WHEREAS, the Aspen City Council may approve combined Conceptual and Final Specially Planned Areas, may exempt from the Growth Management Quota System essential public facilities and affordable housing, and may approve the method in which an applicant proposes to supply affordable housing pursuant to Sections 26.52, 26.80, and 26.100 of the Municipal Code of the City of Aspen, and the Aspen City Council reviewed and considered the development proposal pursuant to said sections, reviewed and considered those recommendations and approvals as granted by the Community Development Department, Referral Agencies, the Growth Management Commission, and the Planning and Zoning Commission, and has taken and considered public comment at a public hearing held May 26, 1998; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 That it does hereby grant to the Aspen Consolidated Sanitation District Conceptual and Final Specially Planned Area (SPA) approval for the development of office space, general employee areas, maintenance areas, and one affordable housing unit, an exemption from the scoring and competition procedures of the Growth Management Quota System the essential public facilities and one affordable housing unit, and approval of the method in which the affordable housing is proposed to be provided for the subject parcel, the Aspen Consolidated Sanitation District, 565 North Mill Street, City of Aspen parcel number 2737-073-00-854, with the conditions of approval delineated in Section 3 below. Section 2• The SPA overlay designation shall be applied to the entire subject property. The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to reflect the designation. Section 3• Conditions of Approval: 1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and recorded. This plat shall conform to all relevant plat requirement of the City Engineer and shall include final drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition, this plat shall depict the following: all locations of as -built utilities and easements, as -built locations of all structures, an access easement and recordation number for access to the property, the top -of - slope as designated on the landscape plan, building envelopes following approximately the proposed Ordinance No. 10, Series 1998 Page 2 "SPA" boundary, a note stating "'only native vegetation below the top -of -slope," note(s) identifying "riparian areas," a note stating "the zoning for this property is Public -Specially Planned Area (PUB - SPA)." 2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire property to the conditions of approval and such information provided in the final plat. This SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy. The SPA designation upon the entire site shall be reflected upon the Official Zone District Map of the City of Aspen. 3. Prior to issuance of a Building Permit. the applicant shall submit GIS data including property lines, building footprints, easements. utility placements (existing and proposed), and encroachments. Prior to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information to reflect the information recorded in the final plat. 4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The applicant shall retain drainage on -site during and after construction. All on -site drainage, surface run- off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be installed for the wash bays and must be covered with a roof structure if they are served by the public sewer. 5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility improvements and record the associated easements. These easements shall be reflected on the final plat. 6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction regarding assets or income. ACSD shall retain the right to select the occupant. Prior to issuance of a Building Permit, the applicant shall record the appropriate deed restriction with the Housing Authority. 7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of Occupancy for the office and maintenance portions of the building, the applicant shall obtain a Certificate of Occupancy for the housing unit. 8.. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy. 9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, speed limits, and other measures necessary to limit dust. 10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company. 11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further limiting these hours and nature of activity, within reason. 12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the ventilation is internal, the system must be designed by a Registered Professional Engineer. 13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm Ordinance No. 10, Series 1998 Page 3 systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to also sprinkle the existing portions of the building. 14. The applicant shall conform to all current building code requirements for the City of Aspen. This includes, but is not limited to, the Aspen/Pitkin County Energy Code. 15. The applicant is encouraged to use earth tone exterior colors and a non -reflective roof material. 16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting of landscape or architectural features is prohibited. 17. The applicant shall not use public rights -of -way for construction staging or parking for contractors and their employees. The applicant shall clean any tracked mud and debris from the site from adjacent public rights -of -way. 18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and/or gutter damaged during construction. 19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts, for the purpose of constructing improvements which benefit the property under an assessment formula. to the extent permitted by law. 20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 21. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 22. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 23. Before issuance of a building permit, the applicant shall record the Planning and Zoning Commission and Growth Management Commission resolutions with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolutions. 24. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a reasonable amount of additional riparian vegetation along the north side of the property (along river) to the approval of the Parks Department. Section 4• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Growth Management Commission, Planning and Zoning Commission, and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Ordinance No. 10, Series 1998 Page 4 w Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), City Council does hereby grant the applicant Vested Property Rights status for the site specific development plan for the Aspen Consolidated Sanitation District. 565 North Mill Street, as approved by Ordinance Number Series of 1998, for a period of three (3) years from the date said Ordinance is approved with the following conditions: 1. The rights granted by this site specific development plan shall remain vested for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Municipal Code shall also result in forfeiture of said vested property rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review: except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in Section 26.52.080(D) 3. Zoning that is not part of the site specific development plan approved hereby shall not result in the creation of a vested property right. 4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 5. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 6• Pursuant to Section 26.52.080(D) of the Municipal lode, the City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Section 7• That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a Ordinance No. 10, Series 1998 Page 5 • • separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10• A public hearing on the Ordinance shall be held on the 26th day of May, 1998 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 27th day of April, 1998. Approved as to form: Attest: Kathryn S. ch, City Clerk OM Approved as to content: John B nnett, Mayor FINALLY, adopted, passed and approved this 26th day of May, 1998. Approved as to form: Approved as to content: John flennett, Mayor Attest: Kathryn S. K , City Clerk Ordinance No. 10, Series 1998 Page 6 �. Am VANe t�� m,4- � G^vl MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager Stan Clauson, Community Develop Di Director `} Julie Ann Woods, Deputy Director' I FROM: Christopher Bendon, Planner RE: Aspen Consolidated Sanitation District -- 565 North Mill Street -- Conceptual and Final Specially Planned Area (SPA), Growth Management Exemption for Essential Public Facilities and one Employee Housing Unit, and Vested Rights Status. Second Reading -- Public Hearing DATE: May 26, 1998 SUMMARY: The Aspen Consolidated Sanitation District is requesting an amendment to the Specially Planned Area (SPA) for the addition of approximately 8,100 square feet to the existing building. This amendment requires approval of a Conceptual and Final SPA plan, "c Conditional Use approval for a maintenance facility and affordable housing within the Public (PUB) Zone, a Stream Margin Review, Special Review approval to establish the parking requirement, a waiver of the Residential Design Standards, and an exemption from the growth management system from City Council. The applicant has also requested vested rights. The development proposed includes 4,500 square feet of vehicle maintenance and wash bays, 700 square feet of mechanical and storage areas, 300 square feet of office space, a Uq, 770 square foot employees break room with a changing area and a bathroom, and a 1,440 square foot 3 bedroom apartment. The site is partially designated with an SPA overlay. This designation requires a process for development approval similar to PUD. The underlying zone district does require this process for any part of the site regardless of the partial designation. Staff is recommending the entire site be designated SPA and building envelopes be recorded to show the areas approved for development. This facility qualifies as an essential public facility under the definition in the land use code and is eligible for an exemption from GMQS by City Council following a recommendation from the Growth Management Commission (GMC). To offset the impacts of the development and in response to the conditional uses, the applicant is proposing the construction of a 3 bedroom unit deed restricted to Category 4 price and income guidelines. The applicant's interest behind this Category is to not prohibit a management level employee. The Housing Authority prefers a Category 3 designation with the understanding that the income and asset limitations will not apply as long as the occupant is an employee of ACSD. C� J The Growth Management Commission and the Planning and Zoning Commission reviewed this application on April 7, 1998. Both Commissions recommended approval, by unanimous votes, with the conditions included in this proposed Ordinance. Staff, the Growth Management Commission, and the Planning and Zoning Commission have reviewed this application and recommend approval, with conditions. MAIN ISSUES FROM FIRST READING: During first reading of this Ordinance, City Council had a few key items needing further explanation: Scenic qualities of development from bike path. The proposed site plan locates the new facility as far from the river as possible. The building will be visable from the river path and will be very visable from the bike path leading up to the post office area. The proposed addition will be in the same character as the existing building. Staff has asked the applicant to provide City Council with a rendering of the proposed facility. The project Architect will present this rendering during the public hearing. According to the applicant. ACES has reviewed the proposal and is not opposed to the plans. Tom Cardamone, Executive Director of ACES, expressed concerns over the raparian habitat along the river edge. The applicant is amenable to providing a reasonable amount of additional raparian habitat in cooperation with the Parks c Department. To the extent Council wants to make this a condition of approval, the �p propose �Od Ordinance should be amended. U1 (� A concern was also raised about the amount of vegetative sceening provided along the west side of the property (bike path to the Post Office). Staff believes the applicant has proposed a substantial amount of screening along this property boundary. Screening in addition to what has been proposed would most likely be on City property and should therefore be coordinated with the City's Parks Department. The odor problem. The occassional odor is due to the physical layout of the system. The property is a collection point which captures 60% of the system flows. Due to the topographic changes, these flows can be turbulent which causes gases which must be vented to prevent damage to the system. The ACSD is sealing manhole covers and exploring infrastructure improvements which would provide a greater air seal for the confluence box. It is staffs understanding that a tighter seals produces more strain on the system and reduces its functional lifespan. The odor factor can be lessened in two ways: 1) more water can be added to theme system to dillute the flows. Larger flows would require a larger system and may also produce more frequent turbulence; or 2) a chemical could be added to flow sources which generate turbulence, such as downtown. This alternative posses additional treatment requirements and introduces a potential bio-hazard to the immediate neighborhood and to the Roaring Fork River. Tom Bracewell, Collection System Superintendent, will be able to provide further technical information to the Council during the public hearing. Development of Additional Housing. According to the applicant, a Colorado State Supreme Court case determined that special taxing districts, such as the ACSD, could use public moneys from taxes to build affordable housing only to the extent such housing directly benefits employees of the district. The ACSD cannot sell or rent their housing to any non -district employee. This does not preclude a third party from providing funds to build housing and then leasing the housing to non -district employees. However, the ACSD has not indicated an interest in developing housing for non -district employees. The center of the site appears to be generally open and developable. The applicant has stressed with staff the importance and constraints of the below ground infrastructure. This land may support landscaping. Structures, however, would present large infrastructure redevelopment costs. Areas closer to the river are somewhat restricted by the Stream Margin and the ACSD does not wish to develop these areas. The remaining area north of the existing free-standing housing represents a development opportunity. The ACSD, however, is interested in preserving this area for future housing needs for their own employees. The Council may wish to discuss the opportunities for housing partnerships on this site with the ACSD. Property Size. The deed describes this property as 3.79 acres which complys with the 1997 site survey. PREVIOUS ACTION: City Council considered and passed this Ordinance on first reading April 27, 1998. APPLICANT: Aspen Consolidated Sanitation District -- Tom Bracewell, Collection System Superintendent. Glen Horn, AICP, Representative. LOCATION: 565 North Mill Street, City of Aspen. ZONING: Public (PUB) - Specially Planned Area (SPA) overlay. LOT SIZE: FAR: 3.79 Acres = 165,000 square feet. Pursuant to SPA. CURRENT LAND USE: 5,600 square feet of maintenance facility and offices. 8 affordable housing units. PROPOSED LAND USE: Same with additional maintenance building and one affordable dwelling unit. The square footage is proposed in the following uses: 800 s.f. Wash bay 3,750 s.f. Storage and maintenance bay 702 s.f. Mechanical and lube room 1,404 s.f. Office and miscellaneous 1,441 s.f. 3 bedroom apartment 8,100 s.f. Total REVIEW PROCEDURE: SPA plans are reviewed by City Council at a public hearing following a recommendation by the Planning and Zoning Commission at a public hearing. Growth Management Exemptions for essential public facilities and affordable housing are reviewed by City Council at a public hearing following a recommendation by the Growth Management Commission at a public hearing. BACKGROUND: The extent of existing development on the property is approximately 10,654 square feet. This includes offices, maintenance areas, and 8 employee units. ACSD currently employs 18 people and houses 8, or 44%, of those employees on -site. This housing includes 3 studios, 3 one -bedrooms, and 2 two -bedroom units. Using the Housing �� \v Authority's factor for determining the percentage of employees mitigated on -site, these units house 13.5 employees, or 75% of the total employed. Because there is no steadfast code requirement to determine the number of employees generated by an essential public facility, the criteria becomes more of what is generally acceptable to the Council. Prior to receiving an application, staff encouraged the applicant to review their own employment and housing needs and to address those needs with this application. The ACSD identified a need for a family oriented unit for a management level employee and has included this unit in the development proposal. GROWTH MANAGEMENT: The application was received in the 97-98 growth management year. New affordable housing units are deducted from the annual pool of development allotments. There are 43 allotments available each year plus additional allotments carried from former years. Approximately 50 allotments in this category carried forward and have been added to the current 43, equaling approximately 93. To be subtracted from this number are a few caretaker units approved in the County. The applicant is requesting 1 unit from the 97-98 growth management year. STAFF COMMENTS: The applicant has requested vested property rights status as part of this application. Vested rights protects the applicant against changes in the land use code for a period of three years from City Council approval. Approvals not granted this status are protected for 18 months. There are no review criteria for the Council to consider other than the n development requested. Staff recommends the Council consider and approve vested right to the extent the proposed development is acceptable. Vested rights status has been included in the proposed Ordinance. Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit "B." The application was included with the first reading packet previously distributed to Council members. RECOMMENDATION: 4 Staff, the Growth Management Commission, and the Planning and Zoning Commission reviewed this application and recommend the City Council approve the Conceptual and Final Specially Planned Area amendment, extend the SPA designation to the entire site, approve the Growth Management Exemptions for this essential public facility and one affordable housing unit, approve the method in which the applicant is proposing to provide affordable housing, and grant the applicant vested rights status with the following conditions: Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed, approved, and recorded. This plat shall conform to all relevant plat requirement of the City Engineer and shall include final drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition, this plat shall depict the following: all locations of as -built utilities and easements; as -built locations of all structures; an access easement and recordation number for access to the property; the top -of -slope as designated on the landscape plan; building envelopes following approximately the proposed "SPA" boundary; a note stating "only native vegetation below the top -of -slope"; note(s) identifying "riparian areas"; a note stating "the zoning for this property is Public -Specially Planned Area (PUB -SPA)." 2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire property to the conditions of approval and such information provided in the final plat. This SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy. The SPA designation upon the entire site shall be reflected upon the Official Zone District Map of the City of Aspen. 3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property lines, building footprints, easements, utility placements (existing and proposed), and encroachments. Prior to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information to reflect the information recorded in the final plat. 4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The applicant shall retain drainage on -site during and after construction. All on - site drainage, surface run-off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be installed for the wash bays and must be covered with a roof structure if they are served by the public sewer. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility improvements and record the associated easements. These easements shall be reflected on the final plat. 6. The applicant shall provide a 3 bedroom affordable housing unit on=site, deed restricted to Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction regarding assets or income. ACSD shall retain the -right to select the occupant. Prior to issuance of a Building Permit, the applicant shall record the appropriate deed restriction with the Housing Authority. 7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of Occupancy for the office and maintenance portions of the building, the applicant shall obtain a Certificate of Occupancy for the housing unit. 8. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy. • 9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, speed limits, and other measures necessary to limit dust. 10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company. 11. The applicant shall obey the Citv's Noise Ordinance which prohibits construction from the hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further limiting these hours and nature of activity, within reason. 12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the ventilation is internal, the system must be designed by a Registered Professional Engineer. 13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to also sprinkle the existing portions of the building. 14. The applicant shall conform to all current building code requirements for the City of Aspen. This includes, but is not limited to, the Aspen/Pitkin County Energy Code. 15. The applicant is encouraged to use earth tone exterior colors and a non -reflective roof material. 16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting of landscape or architectural features is prohibited. 17. The applicant shall not use public rights -of -way for construction staging or parking for contractors and their employees. The applicant shall clean any tracked mud and debris from the site from adjacent public rights -of -way. 18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and/or gutter damaged during construction. � 19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of construting improvements whi h benefit the property under an assessment formula. �, �Ell — ,11. I L-,,, F V TX_0 20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 21. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 22. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 23. Before issuance of a building permit, the applicant shall record the Planning and Zoning Commission and Growth Management Commission resolutions with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolutions. no • • 24. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission, Growth Management Commission, and with City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 25. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a reasonable amount of additional riparian vegetation along the north side of the property (along the river) to the approval of the Parks Department. RECOMMENDED MOTION: "I move to approve Ordinance No. , Series 1998, upon second reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Application (included with first reading) 7 u W \ \ T O � F III � III Q I (1 r m �11 1 L g I � _ w * ' ate �'► Gre— 'T o � .! e unit- -4 o x "'`r srM M.A44 WARREN L.- PALMER A#*W (ONSdLIWrED Fd. Dk.'Mtrr ARCHITECT mm wr"ci-MILAI = Y owl GE Mp 111- ('i6ri W- HILL Or.I 280 L CODY LN. 2ND. FLOOR BOX 767 2 W1144 GOLO A� BASALT COLO.81621 • 0 ORDINANCE NO. _ (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL AND FINAL SPECIALLY PLANNED AREA (SPA) APPROVAL, AN EXEMPTION FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES FOR AN EXPANSION OF AN ESSENTIAL PUBLIC FACILITY AND DEVELOPMENT OF ONE AFFORDABLE HOUSING UNIT, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING IS TO BE PROVIDED, AND VESTED PROPERTY RIGHTS FOR THE ASPEN CONSOLIDATED SANITATION DISTRICT FACILITY, 565 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 2737-073-00-854 WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant) submitted an application (development proposal) to the Community Development Department for the development of approximately 8,100 additional square feet for offices, general employee areas, the storage and maintenance of equipment, and an on -site employee dwelling unit at the ACSD offices, 565 North Mill Street; and, WHEREAS, the applicant has requested a combined Conceptual and Final Specially Planned Area (SPA) approval, exemption from the Growth Management Quota System for essential public facilities and one affordable housing unit, approval of the method in which housing is proposed to be provided, Conditional Use approvals for affordable housing and a maintenance facility, a waiver of the "Residential Design Standards," Stream Margin Review, and Special Review to establish the parking requirements; and, WHEREAS, the Community Development Department, the Housing Authority, the City Engineer, the Fire Marshal, the Environmental Health Department, and the Building Department reviewed the development proposal in accordance with all applicable procedure and review criteria set forth in Sections 26.28, 26.52, 26.56, 26.58, 26.60 26.64, 26.68, 26.80, and 26.100, of the Municipal Code; and, WHEREAS, the Planning and Zoning Commission may approve applications for Conditional Use, Special Review, waivers of the "Residential Design Standards," and Stream Margin Review and may recommend City Council approve Specially Planned Areas (SPA) pursuant to Sections 26.52, 26.58, 26.60, 26.64, 26.68, and 26.80, and did approve said requests and recommended said actions, by a 6-0 vote, pursuant to said Sections at a duly noticed public hearing on April 7, 1998; and, WHEREAS, the Growth Management Commission may recommend City Council exempt essential public facilities and affordable housing from the Growth Management Quota System Ordinance No. Series 1998 Page 1 pursuant to Sections 26.52 and 26.100. and recommended said action, by a 11-0 vote, pursuant to said sections at a duly noticed public hearing on April 7, 1998; and WHEREAS, the Aspen City Council may approve combined Conceptual and Final Specially Planned Areas, may exempt from the Growth Management Quota System essential public facilities and affordable housing, and may approve the method in which an applicant proposes to supply affordable housing pursuant to Sections 26.52, 26.80, and 26.100 of the Municipal Code of the City of Aspen, and the Aspen City Council reviewed and considered the development proposal pursuant to said sections, reviewed and considered those recommendations and approvals as granted by the Community Development Department, Referral Agencies, the Growth Management Commission, and the Planning and Zoning Commission, and has taken and considered public comment at a public hearing held May 26, 1998; and, WHEREAS, the City Council fmds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 That it does hereby grant to the Aspen Consolidated Sanitation District Conceptual and Final Specially Planned Area (SPA) approval for the development of office space, general employee areas, maintenance areas, and one affordable housing unit, an exemption from the scoring and competition procedures of the Growth Management Quota System the essential public facilities and one affordable housing unit, and approval of the method in which the affordable housing is proposed to be provided for the subject parcel, the Aspen Consolidated Sanitation District, 565 North Mill Street, City of Aspen parcel number 2737-073-00-854, with the conditions of approval delineated in Section 3 below. Section 2• The SPA overlay designation shall be applied to the entire subject property. The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to reflect the designation. Section 3• Conditions of Approval: 1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and recorded. This plat shall conform to all relevant plat requirement of the City Engineer and shall include final Ordinance No. , Series 1998 Page 2 • drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition, this plat shall depict the following: all locations of as -built utilities and easements; as -built locations of all structures; an access easement and recordation number for access to the property; the top -of - slope as designated on the landscape plan; building envelopes following approximately the proposed "SPA" boundary; a note stating "only native vegetation below the top -of -slope"; note(s) identifying "riparian areas": a note stating "the zoning for this property is Public -Specially Planned Area (PUB - SPA)." 2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire property to the conditions of approval and such information provided in the final plat. This SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy. The SPA designation upon the entire site shall be reflected upon the Official Zone District Map of the City of Aspen. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property lines, building footprints, easements, utility placements (existing and proposed), and encroachments. Prior to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information to reflect the information recorded in the final plat. 4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The applicant shall retain drainage on -site during and after construction. All on -site drainage, surface run- off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be installed for the wash bays and must be covered with a roof structure if they are served by the public sewer. 5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility improvements and record the associated easements. These easements shall be reflected on the final plat. 6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category 3 price guidelines. As long as an occupant is an employee of ACSD. there shall be no restriction regarding assets or income. ACSD shall retain the right to select the occupant. Prior to issuance of a Building Permit, the applicant shall record the appropriate deed restriction with the Housing Authority. 7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of Occupancy for the office and maintenance portions of the building, the applicant shall obtain a Certificate of Occupancy for the housing unit. 8. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy. 9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, speed limits, and other measures necessary to limit dust. 10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company. 11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further limiting these hours and nature of activity, within reason. Ordinance No. Series 1998 Page 3 • 12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the ventilation is internal, the system must be designed by a Registered Professional Engineer. 13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to also sprinkle the existing portions of the building. 14. The applicant shall conform to all current building code requirements for the City of Aspen. This includes, but is not limited to, the Aspen/Pitkin County Energy Code. 15. The applicant is encouraged to use earth tone exterior colors and a non -reflective roof material. 16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting of landscape or architectural features is prohibited. 17. The applicant shall not use public rights -of -way for construction staging or parking for contractors and their employees. The applicant shall clean any tracked mud and debris from the site from adjacent public rights -of -way. 18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and/or gutter damaged during construction. 19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 21. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 22. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 23. Before issuance of a building permit, the applicant shall record the Planning and Zoning Commission and Growth Management Commission resolutions with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolutions. Section 4• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Growth Management Commission, Planning and Zoning Commission, and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Ordinance No. Series 1998 Page 4 Section 5• Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), City Council does hereby grant the applicant Vested Property Rights status for the site specific development plan for the Aspen Consolidated Sanitation District, 565 North Mill Street, as approved by Ordinance Number , Series of 1998, for a period of three (3) years from the date said Ordinance is approved with the following conditions: The rights granted by this site specific development plan shall remain vested for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Municipal Code shall also result in forfeiture of said vested property rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review, except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in Section 26.52.080(D) Zoning that is not part of the site specific development plan approved hereby shall not result in the creation of a vested property right. 4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, tire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 6: Pursuant to Section 26.52.080(D) of the Municipal Code, the City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Section 7• That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No. Series 1998 Page 5 Section 9• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10: A public hearing on the Ordinance shall be held on the 26th day of May, 1998 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 27th day of April, 1998. Approved as to form: City Attorney Attest: Kathryn S. Koch, City Clerk Approved as to content: John Bennett, Mayor FINALLY, adopted, passed and approved this day of , 1998. Approved as to form: Approved as to content: City Attorney Attest: Kathryn S. Koch, City Clerk Ordinance No. , Series 1998 Page 6 John Bennett, Mayor 0 • Exhibit A STAFF COMMENTS Specially Planned Area (SPA) 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Finding: This SPA is compatible with adjacent development. Because the property is zoned Public (PUB), the review must include either a PUD or SPA. The property has been zoned with a SPA overlay for 20+ years. This process allows the applicant to modify the zoning uses and dimensions. The uses and dimensions proposed are not drastically different from the underlying PUB Zone District. Staff suggests the plat reflect the SPA overlay for the whole property, designate building envelopes, the top -of -slope, and appropriate native vegetation below the top -of -slope. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding Basic services are sufficient. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Staff Finding: The applicant has avoided areas of flood hazard by placing the structure to the South end of the property, away from the river. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Finding: The applicant's site plan is sensitive to the nearby public trail and is sensitive to visible open space on the property by the placement of the new development. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. The AACP is silent concerning the need for, and appropriate location for, necessary infrastructure. A basic concept of comprehensive city planning is the strategic planning for basic services. If the townsite were a clean slate, this area of town would most likely be prescribed for public park uses. The town benefited greatly when the bulk of the processing operation moved downstream to the present location below the AABC, leaving the management and Staff comments page 1 administrative functions on Mill Street. This separation makes much more sense given the present land use, operating characteristics of the ACSD, and of the system. The AACP does identify this parcel as a potential housing site. This recommendation was probably considered a scenario of the ACSD vacating the parcel. Without this vacation, however, the site still does lend itself to housing. Proximity to work, recreation, and other neighborhoods is a benefit of the housing uses. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Staff Finding, ACSD is a non-profit and the development will come from their budget. No significant public expenditure for basic services is expected in relation to this development. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.84.030(B)(2)(b). Staff Finding: Slope reduction does not affect the proposed density. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding, The applicant must receive an allotment from City Council. The essential public facility and the affordable housing unit may be exempted from the scoring and competition procedures with a recommendation from the Growth Management Commission. The Growth Management Commission has reviewed this application and recommended, by an 11-0 vote, the Council approve the exemption. Exemption for Essential Public Facilities: 1. Except for housing, development shall be considered an essential public facility if it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general public, and serves the needs of the City. Staff Finding; The Sanitation District is an essential public facility according to this definition and may be exempted pursuant to this Section. 2. An applicant for an exemption pursuant to this section shall be required to demonstrate to the satisfaction of the City Council that the impacts of the essential public facility will be mitigated, including those associated with the generation of additional employees, the demand for parking, road and transit services, and the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. It shall also be demonstrated that the proposed development has a negligible adverse impact on the city's air, water, land and energy resources, and is visually compatible with surrounding areas. Staff Finding: This standard allows for an essential public facility to be exempted by City Council as long as the appropriate mitigation measures are taken to off -set the impacts of the development. These Staff comments page 2 • 0 impacts may include parking, air quality, basic services such as water and sewer, and the increase in employees. Employee Housing With private sector commercial applications, there exists a standard to address the creation of employees which is based upon the amount of net leasable square footage created through the development. There is no such simple formula for essential public facilities because the concept of net leasable does not apply as cleanly. With prior applications, staff has used the amount of additional office space as an indicator of the number of new employees which could be accommodated by the facility. This factor describes 3.5 employees per 1000 square feet of net leasable. Applied to this case, the small amount of office space creates approximately 1 employee. This seems to be a fair assessment assuming the office space as shown looks to be for one employee. The remainder of the interior space addresses the general needs for employees. Lockers, a break room, etc. The AACP prescribes 60% of new employee generation to be mitigated. The difficulty in assessing the employment generation of a maintenance facility is that not every employee necessarily operates within a traditional office. The applicant has stated that there will not be an increase in employees as a result of this development. Nevertheless, staff feels that there should be some acknowledgment of the capacity for additional employment in the future based on the size of the facility as proposed. During the pre -application process, staff encouraged the applicant to provide an employee unit to off -set the impacts of the development. The applicant was encouraged to review their employee housing needs and address them with the facility development. The applicant has stated a need for a family -oriented unit for a management level employee. The Sanitation District provides more housing than other similar government or quasi - governmental agencies. There are currently 8 housing units on -site, housing 8 employees, or 44% of the 18 total employees. Using the Housing Authority's number for how many people are housed specific to the type (size) of the units, these 8 units house 13.5 employees, or 75% of the 18 total. Staff feels that the 3 bedroom unit is necessary for the applicant to provide and adequately addresses the impacts of the development. By using the Housing Authority's numbers, this unit mitigates for 3 employees. If this mitigation is for 60% of the total employees created, the total would be 5 employees. The development as proposed will increase ACSD's capacity to employ, but not by more than 5 employees. The Housing Authority left the door open with regard to creating a 'mitigation bank' in which any over mitigation could be accounted for and applied to future projects. Staff feels that future projects should be evaluated within the context of the whole facility on this site and the provision, or lack thereof, of employee housing should be evaluated at that time. The applicant, however, has asked employee mitigation beyond the minimum requirement be applied to future developments as a "mitigation bank." The Growth Management Commission did not make a recommendation concerning the "bank" idea, finding the proposed unit adequately met the impacts of the development. Council may want to discuss this "mitigation bank" element of the application during the public hearing. Staff comments page 3 Other Impacts The applicant has proposed 3 parking spaces for the maintenance facility and for the housing unit. Staff does not see any problems with this provision and feels the applicant has the ability to adequately address the demand for parking. This is not generally a facility which receives a high amount of customer traffic. Staff suggests that the applicant address parking concerns by appropriately signing spaces for short-term, employee parking, and residential parking. Increases in PM10 (air pollution) will have to be mitigated to the standards of the Environmental Health Department. The property currently has sufficient water and sewer service. The applicant may have to relocate water mains which will require providing the appropriate easements for maintenance. The scale and massing of the proposed building are characteristic of the area. The Council may want the applicant to state the expected use and color of exterior materials. Generally, staff would suggest earth tone colors and a low reflectivity roof material. The Council should discourage the use of outdoor lighting beyond what is necessary. This should preclude the use of light to accentuate landscape features or call attention to architectural details. Exterior lighting should also be downcast. These concerns were raised by staff with the Planning and Zoning Commission and have been included in the recommended set of conditions. 3. Notwithstanding the criteria as set forth in Sections 26.100.050(C)(2)(a)(1) and 26.100.050(C)(2)(a)(2) the City Council may determine upon application that development associated with a nonprofit entity qualifies as an essential public facility and may exempt such development from the growth management competition and scoring procedures and such mitigation requirements as it deems appropriate and warranted. Staff Finding: The ACSD is an essential public facility. The City Council may waive such mitigation requirements as it deems necessary and warranted. Staff has addressed the mitigation concerns above. Exemption for Affordable Housing: Affordable housing deed restricted in accordance with the guidelines of the City Council and its housing designee shall be exempt from the scoring and competition procedures of growth management by City Council. Staff Finding: The proposal includes one 3-bedroom unit deed restricted to Category 4. The Housing Authority has stated a preference for Category 3 designation without the income or asset limitation in effect until sold or leased to an employee outside of the ACSD. This unit, if approved by City Council, will be deducted from the annual pool of development allotments. Approval of the method: Approval of the method by which the applicant proposes to provide affordable housing shall be at the option of the City Council, upon the recommendation of the Growth Management Commission. In evaluating the applicant's proposal, the advice of the Aspen/Pitkin County Housing Authority shall be sought in considering the following factors: Staff comments page 4 0 1. Whether the city has an adopted plan to develop affordable housing with monies received from payment of affordable housing dedication fees. Staff Finding-, The City, through the Housing Authority, has developed an affordable housing plan for both public and private monies. Developers are strongly encouraged to mitigate on -site before considering off -site or payments -in -lieu. 2. Whether the city has an adopted plan identifying the applicant's site as being appropriate for affordable housing. Staff Finding: The AACP does specifically recognize this site appropriate for moderate density housing stating the proximate location to services, recreation, and other neighborhoods. The plan also acknowledges the potential of relocating endangered historic cottages to the property. These statements, however were probably under a scenario of relocating the Sanitation District which is not being proposed. Staff believes that the development of affordable housing close to the center of town and within walking distance to work opportunities and community facilities is appropriate and desirable. 3. Whether the applicant's site is well suited for the development of affordable housing, taking into account the availability of services, proximity to employment opportunities and whether the site is affected by environmental constraints to development or historic preservation concerns. Staff Finding: As mentioned in the response to 42, above, the site is well -suited for providing affordable housing on -site. There are no known historical constraints to development on this site. Environmental constraints are most likely associated with the prior treatment facility (not located where the development is proposed) and can be mitigated. 4. Whether the method proposed will result in employee housing being produced prior to or at the same time the impacts of the development will be experienced by the community. Staff Finding: The applicant will be developing the affordable housing at the same time as the maintenance facility. Whether the development itself requires the provision of affordable housing on - site to meet its service needs. Staff Finding: The development does not specifically require this affordable housing to be provided on -site, but it does benefit the ACSD and minimizes commuter traffic. Vested Rights: Vested Rights status protects the applicant against changes in the land use code for a period of three years from City Council approval. Approvals not granted this status are protected for 18 months. There are no review criteria for the Council to consider other than the development requested. Staff recommends the Council consider and approve vested right to the extent the proposed development is acceptable. Staff comments page 5 ,MMMORANDLTN1 To: Chris Bendon, Project Planner Thru: Nick Adeh, City Engine? f From: Ross C. Soderstrom, Project Engineer Zn- Date: March 10, 1998 Re: Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parlang), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews Physical Address: 565 North Mill Street, City of Aspen, CO Legal Description: A tract of land within the v-N 1/4, SW 1/4, Section 7, T 10 S, R 84 W, 6th P.M., City of Aspen, CO [Aspen Consolidated Sanitation District Specially Planned Area (SPA)] Parcel ID No.: X-XXx-XXX-V-X-XXX After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: [Site conditions at the time of site visits: February 18 and March 10, 1998; 2 - 4 ft snow pack; ground surface and features indistinguishable under snow pack.] Discussion: This application is an update to an existing SPA in which the Aspen Consolidated Sanitation District has substantially completed the conditions of approval from prior reviews for this site so there are relatively few significant comments or conditions to be addressed. 1. Improvement Survey and Subdivision Plat: The applicant will need to file an updated SPA plat for the property by the completion of the proposed improvements. The plat needs to conform to the standards of a subdivision plat with additional notes for the specific conditions of the SPA and other types of reviews and approvals. The plat should include the site, landscaping and utility plans in addition to the improvement and subdivision plat contents. Confer with the City Engineering Dept. for specific details. The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the application. 2. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, parking, drainage or utility plans for this project change subsequent to this review, a DR010598.DOC 1 OF 4 • Memo - Aspen Consolidated Sanitation District SPA. Specially Planned Area Amendment. Conditional Use I Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption. Special Review (Off -Street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews complete set of the revised plans shall be provided to the Engineering Dept. for review and re-evaluation. The discussion and recommendations given in this memorandum apply to the application and plans (dated December 15, 1997) provided for this review and such comments and recommendations may change in response to changes in the use, density, or timing of the construction of the project, or changes in the site, parking, drainage or utility designs. 3. City Water Dept.: Verify, if possible from available records, the location of the water main (possibly steel) which is believed to have been abandoned in place and to be located along the easterly property boundary. If appropriate, the City may abandon the easement for this line it is no longer required. The well house in the center of the property is used to pump raw water for irrigating the landscaping on the site. The district should contact the City Water Dept. about operation of the well and the ownership and maintenance of the water main and two (2) fire hydrants serving the property. If not already in place, obtain an easement from the adjacent property owner for the water main from N. Mill Street which serves this property. (The strip of land between N. Mill St. and the subject property appears to belong to Pitkin County.) 4. City Streets Dept.: There is a dewatering drainage line from the Rio Grande Parking Garage which crosses this property before feeding into Hallam Lake. Libby Cowling (Holy Cross Electric Association) recalls that this drainage line was buried deepest and the electrical, telephone and cable television lines were buried on a bench of the same trench excavation above and to the side of the drainage line. If possible, the location of this drainage line should be included in the utility plan and an easement granted to the City of Aspen or the existing easement description corrected to reflect the actual location of the drainage line if it lies outside of the utility easement. 5. Holy Cross Electric Association: According to Libby Cowling (Holy Cross Electric Assoc.) there are two (2) electrical three phase transformers located on the property. Easements should be granted for the electrical lines connecting to the transformers and for the transformers themselves, if these do not already exist. The vault in the parking area north of the fueling pumps is probably not an electrical vault and the identity and label should be corrected in the utility plans for the building permit. 6. Utility & Service Easements: As needed, additional easements should be granted for existing and proposed utility lines through the property and these should be depicted on the plat to be recorded. Field locates should be made for the existing utilities to verify their locations verses the description of the existing common utility easement before preparing the final boundary plat and utility plans. 7. ACSD: Any drains serving the garage or other areas where the drains may capture oil, grease and sand, will need to have oil & sand interceptors installed in -line before the flows are discharged to the sanitary sewer or the stormwater drainage system. & Aspen Fire Protection District: The new building and garages will need to be equipped with fire sprinklers and fire alarms. DRCM0598.DOC 2OF4 Memo - ?spen Consolidated Sanitanon District SPA: Specially Planned Ara .amendment. Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Faciiines Exemption, Special Review (Off -Street Parking), Stream Margin. Residential Design Standards, and Vested Pmperry Rights Reviews 9. City Parks Dept.: It appears that only one tree requiring a tree removal permit will be impacted by the proposed expansion. The Sanitation District will also coordinate work in the sanitary sewer easement on the westerly side of the property with the City Parks Dept. for trail closure and re -vegetation. 10. Drainage - On -site & Off -site: The roof and foundation drains on the existing orrice and garage building are drained through a pipe which day -lights near the northwesterly comer of the property. The new roof and foundation drain systems will connect to this system. During a site visit with Tom Bracewell (ACSD) he explained that the area denoted on the utility plan for a detention basin will be reserved for this possible future use although the existing depressed area (swale) will remain essentially unchanged at this time. Low berms along the gravel driveway within the site direct and contain the surface run-off which percolates. Snow storage is accommodated in the open grass areas across the site. The proposed discharge pipe from the detention basin, crossing the trail to outfall at the river, shown on the utility plan in the application packet, will not be installed. 11. .-access to Public Rights -of -Way and Parking: This property is landlocked from the N. Viill St. right-of-way by an intervening parcel which belongs to Pitkin County. The right of access needs to be verified or an access easement from Pitkin County needs to be obtained. Information identifying the recorded access easement needs to be included in the plat submitted for recording. In order to make the proposed sanitary sewer service tap for the new building, the District will need to obtain a right-of-way permit and coordinate closure of the lower, pedestrian path along the Rio Grande Trail on the westerly side of the property with the City Parks Dept.. The proposed vehicle parking plan appears suitable for the intended purposes. 12. Specially Planned Area: Recommendations particular to the SPA (and Conditional Use and Essential Public Facilities Exemption) are incorporated in the other recommendations of this review memorandum. Due to the location of this property at the bottom of the drainage basin and next to the river, Tom Bracewell reports that the seasonal ground water table is approximately 6 ft deep at the intended building site (southerly end of the property) and approximately 4 t} deep near the trail at the northerly end of the property. The drainage plan is designed given these conditions and functions acceptably for the existing buildings. If ground water becomes a problem in the construction or permanent drainage system for the site, the applicant should confer with the City Engineering Dept. about revisions to the site drainage plans. 13. Stream Margin: The top of slope for the river bank and any wetlands and riparian zones were not identified on the Improvement Survey provided with the application although the majority of the proposed work is obviously beyond the 15 ft top of slope setback. With the deletion of the outfall drainage pipe, there is no work proposed along the river bank nor on the river -side of the bike path. N.B.: Wetlands and riparian zones are to be shown on the improvement survey submitted for the application regardless of whether work is proposed in these areas and should not be contingent upon making a site visit to verify the existence and location of these areas. DRCM0598.DOC 3 OF 4 Memo - k%pen Consolidated Sanitation District SPA. Spinally Planned Area Arnendnient. Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption. Special Review (Off -Street Paridng), Stream Margin. Residential Design Standards, and Vested Property Rights Reviews 14. Improvement Districts: The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under. an assessment formula. The agreement would be executed and recorded concurrent with recording the subdivision plat. 15. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Information Services Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 16. Work in the Public Rights -of -Way: Given the continuous problems of unapproved work and development in public rights -of -way and easements, we advise the applicant as follows: The applicant must receive approval from: City Engineering (920- 080) for design of improvements, including landscaping and grading, within public rights -of -way; Parks Department (920-5 120) for vegetation species and placement. -and irrigation systems: Streets Department (920-5 130) for mailboxes, street and alley cuts; and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the City Community Development Department (920-5090). DRC Meeting Attendees: Applicant: Glenn Hom - planner for applicant, Tom Bracewell - Applicant Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstrom, Nick Adeh, Jack Reid, Nancy MacKenzie, Chris Bendon, Bill Earley Others: Gideon Kaufman, Bill Sawyers, Bruce Lewis, Alan Richman, Michael Thompson, James von Brewer DRCMr0598.DOC 4OF4 MEMORANDUM To: Chris Bendon, Community Development Department Through: Lee Cassin, Assistant Environmental Health Director GG_ From: Clancy MacKenzie, Environmental Health Specialist Y� Date: March 18,1998 Re: Aspen Consolidated Sanitation District Substantial SPA Amendment The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "It shall be unlawful for the owner or occupant of any building used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device." The plans to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system." The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. A letter of agreement to serve the project must be provided. WATER OUALrrY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by the City Engineer. AIR QUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The major air quality impact is the emissions resulting from the traffic generated by this project. PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The traffic generated will also produce carbon monoxide and other emissions that are health concerns. The 1 municipal code requires developments to achieve the maximum practical degree of air purity by using all available practical methods to reduce pollution. The applicant needs to implement measures that will minimize traffic increases of the development, or offset the emissions from the project with PM10 reduction measures elsewhere. In order to do this, the applicant will need to determine the traffic increases generated by the project (using standard ITE trip generation rates), commit to a set of control measures, and show that the control measures offset the traffic or PM10 produced by the project. The increase in office area by 1,400 sq ft and a new 1,400 sq ft employee housing unit will produce more traffic and increase PM10. The vehicle wash bav, the shop/vehicle area and the mechanical room for these two areas are not assumed to generate additional vehicle trips since they are to house activities that are currently performed outside and are not to generate increased use. The standard ITE trip generation rates for a Utilitv (Code 170) is .79 trips generated per 1,000 ft. 1400 / 1000 =1.4 1.4 X .79 = 1.1 trips/day generated by the expansion to the office for this Utility The standard ITE generation rate for one affordable housing unit (Code 210) is 9.55 trips/day. Using the standards established by the " Pitkin County Road Management & Maintenance Plan" several pre -approved trip per day reductions can be used with this land use category: 1.5 when 1/2 mile from support services 2.0 for on -site employee housing 1.0 for on -site employee housing located 1/2 mile of transit stop 9.55 / day reduced by 4.5 trips / day = S trips / day generated by the affordable housing unit. 5.0 + 1.1 = 6 total trips per day will be generated by the expansion and will have to be mitigated. ACSD should determine what could be done in the immediate area that would encourage at least 6 people per day to walk, bike or take the bus instead of driving. This could include constructing a sidewalk, trail or bike path link. The City Engineering Department and Parks Department could be contacted to coordinate with them on any new or ongoing projects in the immediate area. Providing employees with bikes for intown errands, free bus passes and/or encouraging car or van pools are other ways to decrease vehicle trips. A contribution could be made to acquire easements for trails, maintain bikepaths, or construct trails. A $1,380 contribution would mitigate 1 trip. A $8,280 contribution would mitigate the 6 trips generated by this project. A condition of approval should be that before the building permit can be issued the applicant provide information to the AspenlPitkin Environmental Health Department which documents that proposed mitigation measures are sufficient to offset increases in PMlo caused by the project. The mitigation measures must be completed before the final CO can be issued. 2 FIREPLACE/WOODSTOVE PERNUTS If there are any fireplaces in this project, the applicant must file a fireplace/woodstove permit with the Environmental Health Department before the building permit will be issued. In the City of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. FUGITTVE DUST A condition of approval should be that a fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or commercial building, before any demolition involving any material put in before 1986 (besides concrete, bricks, or steel) including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. Environmental Health cannot sign any building permits until we get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, it must be removed by a licensed asbestos removal contractor. CONFORMANCE WITH OTHER ENVIRONMLNTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors...... Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. 3 1NE ORANDUM TO: Chris 3encon. immunity Deveiopmem Department FROM: Inay Christensen. ,dousing Office DATE: i=edruary.13, 1998 RE: Aspen Consolidated Sanitation District Substantial SPA Antertdrrent Parcel ID No. MAUF.: The applicant s requesting appir" to expand an existing ;;tairytenance and storage facility for vehicle maintenance nays, office space, storage space and one atfioraable housing unit. i3ACKCiROUND: The affordable i^ousing unit is :=osed to -e a 1,440 square root. Category 4, three - bedroom rental affiordabie noosing urd. The applicant is seeking a Category 4 desiginadian to rinake the unit available in the future for he family of a District supervisor or manager. The aopiicant does state, fiougn, Mat the unrt will probably be occupied by a lower inoome family in :he near future. he square footage of the unit `ails under the minimum square rootage for a Category 4 .:nit The main cancern with the Category 4 designation is :tie rental for a lower ?nccme family. The applicant also states ftt this expansion will not create any aaditonal employees, iherefore, �he applicant would like to use this unti for avit in fie future. —he Housing CfMce eccimmenes approval with the f ilowing conditions! Deed restrict the Link to a Category 3 ,with tie stipulation that as long as the tenant worKs for the Aspen Consaidated Sanitation District, .ncome and/or assets do riot come into play. 2 Provide a list of the current empbyees and one year after Cenhutte of Occupancy, an audit should 5e completed verifying the number of employees. Shouid there be any additional employees, 'tie three-oedmom unit will be uaaa far this n iltigetim . 3. A deed restriction must be filed guaranteeing the unit; a. shag be required to be rented and be rerrted for periods of no leas tan six (e) months; upon vacancy of the unit a landlord a granted forty-five (45) days in which to beste a qualfied tenant; b. shag not ba occupied by ttte avner or members of the immedi8te fancy (as Wmed In Secton 3- 150.130(AX41 nor 9f'tiY R W used Sig a gtkst hcuae er guest fatly; C. all tenants must be approved by du AsporrtPiOw County Hm=ngAudwrdy and copiaa of the signed Iaase must be provided to the Housing Office showing the amount of rent charged and the term of ft lease; d, the mwdmum reriW rates shag nut exceed the Housing Autfror8y Cak*wy 3 level or equivalent 4. An inspection of the unit may be done by the Housing Office_ If this ;s approved, a copy of the deed res7iction should be obtained from the Housing Office and is required to be recorded before any buidrtg pen7vt can be aoproved. �s��Consol o�¢feo�c�¢nrf¢fion �sfrrcf 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925-3601 Sy Kelly • Chairman Paul Smith • Treas. Louis Popish • Secy. MEMO TO: Chris Bendon FROM: Tom Bracewell DATE: May 12, 1998 SUBJECT: ACSD: SPA Application Dear Chris, RECEIVED FAX #(970) 925 253 7 1 5 1998 Mich�a;M Kelly Frank LausfS ` n�rl l Ng Q PMENT O mil► er V. Mgr. Enclosed are the affidavits with pictures that have been notarized, a copy of the notices that were sent, and a list of the land owners that the notices were mailed to. Please let me know if you need anything else. Thanks! Sincerely, Thomas R. Bracewell Collection Systems Superintendent Rhonda Harris, Community Development John Worcester, City of Aspen Attorney Glen Horn, Planner EPA Awards of Excellence 1976 - 1986 - 1990 Regional and National PUBLIC NOTICE DATE TBB:. PLACE{h�l PIlAPOSEb rwww 4 County of Pitldn } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATION State of Colorado } SECTION 26.52.060 (E) I, --r� 6*A:5 9. t�3 ,?,ActuYzz—L being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the following manner. 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail to all owners of property with three hundred (300) feet of the subject property, as indicated on the attached list, on the $ day of M ,1996(which is (-T days prior to the public hearing date of l�%�4- lS'i 8• 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 8 day of Al A"'e , 1996 (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. (Attach photograph here) Signature Signed before me this �day �aV .199a by % -A'5 (?- `78 A4cr-W LZL — WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 9 .()- Cr to o C) 0 NQtary Pub1�p Public's Signature JANET S. PUBLIC NOTICE RE: ASPEN CONSOLIDATED SANITATION DISTRICT CONCEPTUAL AND FINAL SPECIALLY PLANNED AREA (SPA) AMENDMENT, GROWTH MANAGEMENT EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES AND ONE AFFORDABLE HOUSING UNIT, AND VESTED PROPERTY RIGHTS STATUS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 26, 1998, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Consolidated Sanitation District requesting a substantial amendment to the Specially Planned Area (SPA); to consider a maintenance facility and one affordable housing unit, both of which may be exempted by City Council from the scoring and competition procedures of the Growth Management System, and to consider vested property rights status for a period of three years. The property is located at 565 North Mill Street, and is described as a tract of land within the NW1/4 of the SW1A.of Section 7, Township 10 South, Range 84 West of the 6th P.M. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072. Aspen City Council Published in the Aspen Times on May 9, 1998 City of Aspen Account ('C Y1Jl � X --I- 0 LIST OF PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT ASPEN CONSOLIDATED SANITATION DISTRICT Parcel ID No. 2737 073 00854 This list was compiled by accessing the Pitkin County Assessor's Public Record via the Pitkin County Assessors' Web Site — Database Search as the records appeared on 1/14/98 and 1/15/98. Several addresses were not available via the Web Site (approximately 6 names) and those records were requested via telephone conversation with Angie & Renee of the Assessor's Office (on 1/ ] 4/98 and 1 /5/98), and the information give to us by the staff was then entered onto this list. 2737073 00012 2737073 00013 John F. Baldwin, Jr. Roaring Fork Ventures LLC Mrs. St. Andrew Roine 557 N. Mill Street POB 502 Aspen CO 81611 Aspen CO 81612-0502 273707300048 2737072 00026 Mill Street Venture c/o FWMC Marc & Karen Friedberg POB 1112 POB 8747 Crested Butte CO 81224-1112 Aspen CO 81612-8747 2737073 05003 273707300010 Aspen Center for Environmental Studies Tercero Corporation 100 Puppy Smith Street Oklahoma Corporation Aspen CO 81611 4400 One Williams Center Tulsa OK 74172 2737073 00853 Lone Pine Road Right -of --Way 2737073 00859 Aspen Art Museum 2737072 13001 2737073 04851 Electric Switch Station 2737073 03851 Lakewood Addition Oden & Company 2737073 31851 Jenny Adair Park POB 660 2737073 52853 Trueman Lot 3 Aspen CO 81612-0660 City of Aspen 2737073 00001 130 S. Galena St. Aspen CO 81611 Oden Enterprises c/o Nancy Oden 273707300861 POB 660 Aspen CO 81612-0660 Mill Street Parcels Pitkin County 506 E. Main Street Aspen CO 81611 • ' 2737073 52852 2737 073 52 852 (R014175) United States Postal Service Western Region ' San Bruno CA 94099 TRUMAN CENTER 273707352001 273707352004 Trueman Aspen Co., an LP 94 N. High Street Suite 50 Dublin OH 43017 LONE PINE TH R009226 - 273707354701 Jason M. Lasser POB 8941 Aspen CO 81612-8941 R009227 - 273707354702 Gayle A. Godwin POB 10776 Aspen CO 81612 R009228 - 273707354703 Pauline E. Ingram 0155 Lone Pine Road A-3 Aspen CO 81611 R009229 - 273707354704 Franklin P. Adriance, III 0155 Lone Pine Road A4 Aspen CO 81611 R009230 - 273707354705 Vitashka Kirshen 0155 Lone Pine Road A-5 Aspen CO 81611 R009231 - 273707354706 011ie Ubrach POB 11223 Aspen CO 81612 R009232 - 27307354707 Cyndy A. Reid & Gregory L. Hanle POB 4221 Aspen CO 816124221 R009233 - 273707354708 Brigitte T. Birrfelder Lone Pine Apts. 0155 Lone Pine Road A-8 Aspen CO 81611 R009234 - 273707354709 Dorothy Ann Sharp 0155 Lone Pine Road A-9 Aspen CO 81611 R009235 - 273707354710 Marilyn K. Foss POB 10149 Aspen CO 81612 R009236 - 273707354711 Blair S. Elliot 0155 Lone Pine Road A -I I Aspen CO 81611 R009237 - 273707354712 Charles C. Dale & Sandra G. Pena POB 9505 Aspen CO 81612-9505 R009238 - 273707354713 James R. Guffey POB 2158 Aspen CO 81612-2158 R009239 - 273707354714 R009247 - 273707354722 Anthony R. Bell Mary Katherine Etheridge POB 449 POB 1462 Aspen CO 81612-0449 Aspen CO 81612-1462 R009240 - 273707354715 R009248 - 273707354723 Virginia C. Straka Richard Sherman 0155 Lone Pine Road A-15 0155 Lone Pine Road B-3 Aspen CO 81611 Aspen CO 81611 R009241 - 273707354716 R009249 - 273707354724 Della J. Pegolotti & Jack Vickery James Robert Perlmutter POB 12360 POB 11385 Aspen CO 81612 Aspen CO 81612 R009242 - 273707354717 R009250 - 273707354725 Johnie C. Mickles & Perri A. Madison Barbara L. Norris 0155 Lone Pine A-17 POB 1629 Aspen CO 81611 Aspen CO 81612-1629 R009243 - 273707354718 R009251 - 27370734726 Peter & Pam Maines Elizabeth Farson 0155 Lone Pine A-18 POB 10602 Aspen CO 81611 Aspen CO 81612 R009244 - 273707354719 R009252 - 27370734727 Thomas R. O'Brien & Dominic C. Lanese Stan Snyder 0155 Lone Pine Road A-19 0155 Lone Pine Road B-7 Aspen CO 81611 Aspen CO 81611 R009245 - 273707354720 R009253 - 273707354728 Thomas Voorhies Peter J. Platek POB 619 0155 Lone Pine Road B4 Aspen CO 81612-0619 Aspen CO 81611 R009246 - 273707354721 (says Unit B-1 in R009735 - 273707371001 records, but mailing address states A-2) Zuhair H. Fayez Shirley M. & Paul V. MacDonald c/o Fayez Properties NV 0155 Lone Pine Road A-2 777 29" Street Suite 202 Aspen CO 81611 Boulder CO 80303 • R009736 - 273707371002 Schultz Living Trust Roger & Priscilla Schultz Trustees 3849 Paseo Del Campo Palos Verdes Estates, CA 80274 R009737 - 273707371003 Synergy Partnership & Eileen Rostad 610 E. Hyman Ave. Aspen CO 81611 R009738 - 273707371004 Francis Ginsburg POB 9961 Aspen CO 8 1612-9961 R009739 - 273707371005 Jerome D. Ginsberg c/o Lansco Corp. 866 Third Ave., Suite 2800 New York, NY 10022 R009740 - 273707371006 John C. Ginn POB 256 Aspen CO 81612-0256 R009741 - 273707371007 Trust of Beverly Trupp of 1996 887 Red Arrow Trail Palm Desert CA 92211 R009742 - 273707371008 Mrray C. Pitt 2000 Town Center Suite 1350 Southfield MI 48075 R009743 - 273707371009 Dr. Moms Barton MD 6245 N. 24' Parkway, Ste. 1005 Phoenix AZ 85016 • R009744 - 273 7073 7 10 10 Sam Shamie & Mark Richman, I 26111 W. 14 Mile Road, Ste. LL-4 Franklin MI 48025 R009745-273707371011 Glenn & Carol Center Daly 300 Puppy Smith St, 205-305 Aspen CO 81611 R009746 - 273707371012 Alexander Garrett Kaspar POB 12061 Aspen CO 81612 COMMON GROUND R014676 through R014696 273707378701 John R. Wedum 101 Independence Place Aspen CO 81611 273707378702 William Reid & Jaqueline Lee Boughton 102 Independence Place Aspen CO 81611 273707378703 Jo -Ann Hall 103 Independence Place Aspen CO 81611 27377378704 Dianne L. Garzoli 104 Independence Place Aspen CO 81611 273707378705 2737078713 Michael David Sladdin Kirk Brunswold & Tammie Lane 205 Independence Place 413 Independence Place Aspen CO 81611 Aspen CO 81611 73707378706 2737078714 Thomas & Silke Buesch Roya Beklik 206 Independence Place 414 Independence Place Aspen CO 81611 Aspen CO 81611 273707378707 273707378715 David Michael & Michelle Franklin Michael C. Ireland 207 Independence Place 225 N. Jill St #203 Aspen CO 81611 Aspen CO 81611 273707378708 273707378716 Beatrice M. Haggerty Marcia L. Goshorn 308 Independence Place 516 Independence Place Aspen CO 81611 Aspen CO 81611 273707378709 273707378717 Richard & Susan De Campo Monika Holmstedt 309 Independence Place POB 1141 Aspen CO 81611 Aspen CO 81612-1141 273707378710 273707378718 Michael S. & Elaine Johnson Bonds Michele McClinton 310 Independence Place 618 Independence Place Aspen CO 81611 Aspen CO 81611 273707378711 273707378719 Laurence H. Bielfield Connie Lyn Boguess 311 Independence Place 619 Independence Place Aspen CO 81611 Aspen CO 81611 273707378712 273707278720 Mark A. Kirch Jon & Mill Bowman 412 Independence Place 620 Independence Place Aspen CO 81611 Aspen CO 81611 • 273707378721 Christine A. Hipp 621 Independence Place Aspen CO 81611 Department of Local Affairs Ig';6 n;chard D. Lamm, Governor Paula Herzmark, Executive Director December 19, 1979 Albert Kern, Esq Box 389 ,_ „ Aspen, Oo,oradu 8 16 tl Dear Per. Kern: I have enclosed a copy of the Attorney General's opinion which this office received in response to a request concerning a sanitation district constructing employee housing on property owned by the district. I hope this opinion answers the questions you raised. Please feel free to contact us if there is additional information or assistance we can provide. Sincerely, j. ;---Paula Herzmark / Executive Director :bs Enclosure CC: Dwayne Longenbaugh 1313 Sherman Street, Room 518, Denver, Colorado 80203 (303) 839-2771 -r O J.D. iaacFarleny + Ig �g Attorney General Richard F. Hennessey } Ul�r� ::: lat>� of (1plorabo Depity Attorney General Mary J. Mullarkey DEPARTMENT OF LAW Solicitor General OFFICE OF THE ATTORNEY GENERAL December 179 1979 S:s. Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, CU 80203 STATE SERVICES BUILDING 1525 Sherman Street, 3rd. FI. Denver, Colorado 80203 Phone 839.3611 & 839-3621 RE: Autnority of a sanitation district to construct employee housing LO AD AGAAE -- AG File No. OLS/LHERZM/130S Dear :!s. Herzmark: RLECE►V"P3 191) DEPT. OF LO%AL AFFAIRS This opinion letter is in response to your letter of November 19, 1979, in which you inquired about the authority of a sanitation district to construct employee housing on district -owned land. Q_QLa 1Q_N_ EEL a ENTEQ_ANQ_QQNQILIJSIQN You have asked the following questions: 1. May a sanitation district con- struct employee housing on property owned by the district? 2. Is such construction within the statutory power of a sanitation dis- trict '"y conclusion is that there is such authority• given certain restrictions. Paula Herzmark December 17. 1979 Page 2 ANASYSIl This opinion is based upon the assumption that your inquiry relates to sanitation districts organized and operated pur- suant to C.R.S. 1973, 32-4-101 et_seQ. Sanitation districts have the authority to hire employees (C.R.S. 1973. 32-4-113(1)(h)) and to acquire real property (C.R.S. 1973, 32-4-113(1)(f)). Sanitation districts also have the broad authority to exercise "all rights and powers necessary or incidental to or implied from the specific power granted" to such districts. (C.R.S. 1973, 32-4-113(o).) In certain circumstances, it may be necessary for a district to construct and provide employee housing.. This should oe done after a finding that such housing is necessary for the district to perform the functions for which it was organized. Such property should be restricted to employees and their families• and not rented to the general public. Further• sucri property could either be offered as a part of compensa- tion• or on a nonprofit basis to the employees. SUMMARY It is is my opinion that under certain conditions* sanitation districts organized under C.R.S. 1973. 32-4-101 e_t_.aQQ. have the statutory authority to construct employee housing on land owned by the district. Ve y truly, y urs• J D. Ma ARLANE A torney General JDM:SK:ds • 0 'r ~ 1N3WdOl3A30 AliGnWWOo NIN 1ld 2661 l I 0 W a3A1333b 31-if— �-IA �,-, 4 ;�z pk " Q00A � (JAj, IL • MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager V� Stan Clauson, Community Development Director Julie Ann Woods, Deputy Directoiz)". FROM: Christopher Bendon, Planner RE: Aspen Consolidated Sanitation District -- 565 North Mill Street -- Conceptual and Final Specially Planned Area (S�'A), Growth Management Exemption for Essential Public Facilities and one Employee Housing Unit, and Vested Rights Status. First Reading DATE: April 27, 1998 SUMMARY: The Aspen Consolidated Sanitation District is requesting an amendment to the Specially Planned Area (SPA) for the addition of approximately 8,100 square feet to the existing building. This amendment requires approval of a Conceptual and Final SPA plan, Conditional Use approval for a maintenance facility and affordable housing within the Public (PUB) Zone, a Stream Margin Review, Special Review approval to establish the parking requirement, a waiver of the Residential Design Standards, and an exemption from the growth management system from City Council. The applicant has also requested vested rights. The development proposed includes 4,200 square feet of vehicle maintenance bays, 800 square feet of mechanical and storage areas, 300 square feet of office space, a 770 square foot employees break room with a changing area and a bathroom, and a 1,440 square foot 3 bedroom apartment. The site is partially designated with an SPA overlay. This designation requires a process for development approval similar to PUD. The underlying zone district does require this process for any part of the site regardless of the partial designation. Staff is recommending the entire site be designated SPA and building envelopes be recorded to show the areas approved for development. This facility qualifies as an essential public facility under the definition in the land use code and is eligible for an exemption from GMQS by City Council following a recommendation from the Growth Management Commission (GMC). To offset the impacts of the development and in response to the conditional uses, the applicant is proposing the construction of a 3 bedroom unit deed restricted to Category 4 price and income guidelines. The applicant's interest behind this Category is to not prohibit a management level employee. The Housing Authority prefers a Category 3 designation with the understanding that the income and asset limitations will not apply as long as the occupant is an employee of ACSD. The Growth Management Commission and the Planning and Zoning Commission reviewed this application on April 7, 1998. Both Commissions recommended approval, by unanimous votes, with the conditions included in this proposed Ordinance. Staff, the Growth Management Commission, and the Planning and Zoning Commission have reviewed this application and recommend approval, with conditions. PREVIOUS ACTION: City Council has not previously considered this application. The most recent amendments to this SPA were in 1986 (4,154 square feet of additional office, maintenance, and vehicle storage) and in 1989 (two additional employee units). APPLICANT: Aspen Consolidated Sanitation District -- Tom Bracewell, Collection System Superintendent. Glen Horn, AICP, Representative. LOCATION: 565 North Mill Street, City of Aspen. ZONING: Public (PUB) - Specially Planned Area (SPA) overlay. LOT SIZE: FAR: 3.79 Acres = 165,000 square feet. Pursuant to SPA. CURRENT LAND USE: 5,600 square feet of maintenance facility and offices. 8 affordable housing units. PROPOSED LAND USE: Same with additional maintenance building and one affordable dwelI 1 0 Ludt. The square footage is proposed in the following uses: 800 s.f. Wash bay 3,750 s.f. Storage and maintenance bay 702 s.f. Mechanical and lube room 1,404 s.f. Office and miscellaneous 1,441 s.f. 3 bedroom apartment 8,100 s.f. Total REVIEW PROCEDURE: SPA plans are reviewed by City Council at a public hearing following a recommendation by the Planning and Zoning Commission at a public hearing. Growth Management Exemptions for essential public facilities and affordable housing are reviewed by City Council at a public hearing following a recommendation by the Growth Management Commission at a public hearing. 2 BACKGROUND: The extent of existing development on the property is approximately 10,654 square feet. This includes offices, maintenance areas, and 8 employee units. ACSD currently employs 18 people and houses 8, or 44%, of those employees on -site. This housing includes 3 studios, 3 one -bedrooms, and 2 two -bedroom units. Using the Housing Authority's factor for determining the percentage of employees mitigated on -site, these units house 13.5 employees, or 75% of the total employed. Because there is no steadfast code requirement to determine the number of employees generated by an essential public facility, the criteria becomes more of what is generally acceptable to the Council. Prior to receiving an application, staff encouraged the applicant to review their own employment and housing needs and to address those needs with this application. The ACSD identified a need for a family oriented unit for a management level employee and has included this unit in the development proposal. GROWTH MANAGEMENT: The application was received in the 97-98 growth management year. New affordable housing units are deducted from the annual pool of development allotments. There are 43 allotments available each year plus additional allotments carried from former years. Approximately 50 allotments in this category carried forward and have been added to the current 43, equaling approximately 93. To be subtracted from this number are a few caretaker units approved in the County. The applicant is requesting 1 unit from the 97-98 growth management year. STAFF COMMENTS: The applicant has requested vested property rights status as part of this application. Vested rights protects the applicant against changes in the land use code for a period of three years from City Council approval. Approvals not granted this status are protected for 18 months. There are no review criteria for the Council to consider other than the development requested. Staff recommends the Council consider and approve vested right to the extent the proposed development is acceptable. Vested rights status has been included in the proposed Ordinance. Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit `B." The application has been included as Exhibit "C." RECOMMENDATION: Staff, the Growth Management Commission, and the Planning and Zoning Commission reviewed this application and recommend the City Council approve the Conceptual and Final Specially Planned Area amendment, extend the SPA designation to the entire site, approve the Growth Management Exemptions for this essential public facility and one affordable housing unit, approve the method in which the applicant is proposing to provide affordable housing, and grant the applicant vested rights status with the following conditions: Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and recorded. This plat shall conform to all relevant plat requirement of the City Engineer and shall include final drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition, this plat shall depict the following: all locations of as -built utilities and easements, as -built locations of all structures, an access easement and recordation number for access to the property, the top -of -slope as designated on the landscape plan, 3 0 • building envelopes following approximately the proposed "SPA" boundary, a note stating "only native vegetation below the top -of -slope," note(s) identifying "riparian areas," a note stating "the zoning for this property is Public -Specially Planned Area (PUB -SPA)." 2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire property to the conditions of approval and such information provided in the final plat. This SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy. The SPA designation upon the entire site shall be reflected upon the Official Zone District Map of the City of Aspen. 3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property lines, building footprints, easements, utility placements (existing and proposed), and encroachments. Prior to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information to reflect the information recorded in the final plat. 4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The applicant shall retain drainage on -site during and after construction. All on - site drainage, surface run-off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be installed for the wash bays and must be covered with a roof structure if they are served by the public sewer. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility improvements and record the associated easements. These easements shall be reflected on the final plat. 6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction regarding assets or income. ACSD shall retain the right to select the occupant. Prior to issuance of a Building Permit, the applicant shall record the appropriate deed restriction with the Housing Authority. 7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of Occupancy for the office and maintenance portions of the building, the applicant shall obtain a Certificate of Occupancy for the housing unit. 8. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy. 9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, speed limits, and other measures necessary to limit dust. 10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company. 11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further limiting these hours and nature of activity, within reason. 12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the ventilation is internal, the system must be designed by a Registered Professional Engineer. 13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall for specific requirements associated with the storage of hazardous materials, 4 • 0 sprinkling, and alarm systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to also sprinkle the existing portions of the building. 14. The applicant shall conform to all current building code requirements for the City of Aspen. This includes, but is not limited to, the Aspen/Pitkin County Energy Code. 15. The applicant is encouraged to use earth tone exterior colors and a non -reflective roof material. 16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting of landscape or architectural features is prohibited. 17. The applicant shall not use public rights -of -way for construction staging or parking for contractors and their employees. The applicant shall clean any tracked mud and debris from the site from adjacent public rights -of -way. 18. Prior to issuance of a certificate of occupancy, the applicant sliall replace any curb and/or gutter damaged during construction. 19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 21. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 22. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 23. Before issuance of a building permit, the applicant shall record the Planning and Zoning Commission and Growth Management Commission resolutions with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolutions. 24. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission, Growth Management Commission, and with City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve Ordinance No. tZL, series 1998, upon first reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Application 5 ORDINANCE NO. 1 Q (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL AND FINAL SPECIALLY PLANNED AREA (SPA) APPROVAL, AN EXEMPTION FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES FOR AN EXPANSION OF AN ESSENTIAL PUBLIC FACILITY AND DEVELOPMENT OF ONE AFFORDABLE HOUSING UNIT, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING IS TO BE PROVIDED, AND VESTED PROPERTY RIGHTS FOR THE ASPEN CONSOLIDATED SANITATION DISTRICT FACILITY, 565 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 2737-073-00-854 WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant) submitted an application (development proposal) to the Community Development Department for the development of approximately 8,100 additional square feet for offices, general employee areas, the storage and maintenance of equipment, and an on -site employee dwelling unit at the ACSD offices, 565 North Mill Street; and, WHEREAS, the applicant has requested a combined Conceptual and Final Specially Planned Area (SPA) approval, exemption from the Growth Management Quota System for essential public facilities and one affordable housing unit, approval of the method in which housing is proposed to be provided, Conditional Use approvals from affordable housing and maintenance facility, a waiver of the "Residential Design Standards," Stream Margin Review, and Special Review to establish the parking requirements; and, WHEREAS, the Community Development Department, the Housing Authority, the City Engineer, the Fire Marshal, the Environmental Health Department, and the Building Department reviewed the development proposal in accordance with all applicable procedure and review criteria set forth in Sections 26.28, 26.52, 26.56, 26.58, 26.60 26.64, 26.68, 26.80, and 26.100, of the Municipal Code; and, WHEREAS, the Planning and Zoning Commission may approve applications for Conditional Use, Special Review, waivers of the "Residential Design Standards," and Stream Margin Review and may recommend City Council approve Specially Planned Areas (SPA) pursuant to Sections 26.52, 26.58, 26.60, 26.64, 26.68, and 26.80, and approved said requests and recommended said actions, by a 6-0 vote, pursuant to said Sections at a duly noticed public hearing on April 7, 1998; and, WHEREAS, the Growth Management Commission may recommend City Council exempt essential public facilities and affordable housing from the Growth Management Quota System Ordinance No. , Series 1998 Page 1 0 • pursuant to Sections 26.52 and 26.100, and recommended said action, by a 11-0 vote, pursuant to said sections at a duly noticed public hearing on April 7, 1998; and WHEREAS, the Aspen City Council may approve combined Conceptual and Final Specially Planned Areas, may exempt from the Growth Management Quota System essential public facilities and affordable housing, and may approve the method in which an applicant proposes to supply affordable housing pursuant to Sections 26.52, 26.80, and 26.100 of the Municipal Code of the City of Aspen, and the Aspen City Council reviewed and considered the development proposal pursuant to said sections, reviewed and considered those recommendations and approvals as granted by the Community Development Department, Referral Agencies, the Growth Management Commission, and the Planning and Zoning Commission, and has taken and considered public comment at a public hearing held May 26, 1998; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 That it does hereby grant to the Aspen Consolidated Sanitation District Conceptual and Final Specially Planned Area (SPA) approval for the development of office space, general employee areas, maintenance areas, and one affordable housing unit, an exemption from the scoring and competition procedures of the Growth Management Quota System the essential public facilities and one affordable housing unit, and approval of the method in which the affordable housing is proposed to be provided for the subject parcel, the Aspen Consolidated Sanitation District, 565 North Mill Street, City of Aspen parcel number 2737-073-00-854, with the conditions of approval delineated in Section 3 below. Section 2• The SPA overlay designation shall be applied to the entire subject property. The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to reflect the designation. Section 3• Conditions of Approval: 1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and recorded. This plat shall conform to all relevant plat requirement of the City Engineer and shall include final drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition, Ordinance No. , Series 1998 Page 2 this plat shall depict the following: all locations of as -built utilities and easements, as -built locations of all structures, an access easement and recordation number for access to the property, the top -of - slope as designated on the landscape plan, building envelopes following approximately the proposed "SPA" boundary, a note stating "only native vegetation below the top -of -slope," note(s) identifying "riparian areas," a note stating "the zoning for this property is Public -Specially Planned Area (PUB - SPA)." 2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire property to the conditions of approval and such information provided in the final plat. This SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy. The SPA designation upon the entire site shall be reflected upon the Official Zone District Map of the City of Aspen. 3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property lines, building footprints, easements, utility placements (existing and proposed), and encroachments. Prior to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information to reflect the information recorded in the final plat. 4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The applicant shall retain drainage on -site during and after construction. All on -site drainage, surface run- off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be installed for the wash bays and must be covered with a roof structure if they are served by the public sewer. 5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility improvements and record the associated easements. These easements shall be reflected on the final plat. 6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction regarding assets or income. ACSD shall retain the right to select the occupant. Prior to issuance of a Building Permit, the applicant shall record the appropriate deed restriction with the Housing Authority. 7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of Occupancy for the office and maintenance portions of the building, the applicant shall obtain a Certificate of Occupancy for the housing unit. 8. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy. 9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, speed limits, and other measures necessary to limit dust. 10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company. 11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further limiting these hours and nature of activity, within reason. Ordinance No. , Series 1998 Page 3 • 0 12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the ventilation is internal, the system must be designed by a Registered Professional Engineer. 13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to also sprinkle the existing portions of the building. 14. The applicant shall conform to all current building code requirements for the City of Aspen. This includes, but is not limited to, the Aspen/Pitkin County Energy Code. 15. The applicant is encouraged to use earth tone exterior colors and a non -reflective roof material. 16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting of landscape or architectural features is prohibited. 17. The applicant shall not use public rights -of -way for construction staging or parking for contractors and their employees. The applicant shall clean any tracked mud and debris from the site from adjacent public rights -of -way. 18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and/or gutter damaged during construction. 19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 21. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 22. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 23. Before issuance of a building permit, the applicant shall record the Planning and Zoning Commission and Growth Management Commission resolutions with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolutions. Section 4• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Growth Management Commission, Planning and Zoning Commission, and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Ordinance No. , Series 1998 Page 4 Section 5• Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), City Council does hereby grant the applicant Vested Property Rights status for the site specific development plan for the Aspen Consolidated Sanitation District, 565 North Mill Street, as approved by Ordinance Number , Series of 1998, for a period of three (3) years from the date said Ordinance is approved with the following conditions: 1. The rights granted by this site specific development plan shall remain vested for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Municipal Code shall also result in forfeiture of said vested property rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in Section 26.52.080(D) 3. Zoning that is not part of the site specific development plan approved hereby shall not result in the creation of a vested property right. 4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Pursuant to Section 26.52.080(D) of the Municipal Code, the City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Section 7• That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 8• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No. , Series 1998 Page 5 Section 9: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10• A public hearing on the Ordinance shall be held on the 26th day of May, 1998 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 27th day of April, 1998. Approved as to form: City Attorney Attest: Kathryn S. Koch, City Clerk Approved as to content: John Bennett, Mayor FINALLY, adopted, passed and approved this day of .1997. Approved as to form: Approved as to content: City Attorney Attest: Kathryn S. Koch, City Clerk Ordinance No. , Series 1998 Page 6 John Bennett, Mayor Exhibit A STAFF COMMENTS Specially Planned Area (SPA) 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Finding: This SPA is compatible with adjacent development. Because the property is zoned Public (PUB), the review must include either a PUD or SPA. The property has been zoned with a SPA overlay for 20+ years. This process allows the applicant to modify the zoning uses and dimensions. The uses and dimensions proposed are not drastically different from the underlying PUB Zone District. Staff suggests the plat reflect the SPA overlay for the whole property, designate building envelopes, the top -of -slope, and appropriate native vegetation below the top -of -slope. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding. Basic services are sufficient. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Staff Finding: The applicant has avoided areas of flood hazard by placing the structure to the South end of the property, away from the river. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Finding: The applicant's site plan is sensitive to the nearby public trail and is sensitive to visible open space on the property by the placement of the new development. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding The AACP is silent concerning the need for, and appropriate location for, necessary infrastructure. A basic concept of comprehensive city planning is the strategic planning for basic services. If the townsite were a clean slate, this area of town would most likely be prescribed for public park uses. The town benefited greatly when the bulk of the processing operation moved downstream to the present location below the AABC, leaving the management and Staff comments page 1 • • administrative functions on Mill Street. This separation makes much more sense given the present land use, operating characteristics of the ACSD, and of the system. The AACP does identify this parcel as a potential housing site. This recommendation was probably considered a scenario of the ACSD vacating the parcel. Without this vacation, however, the site still does lend itself to housing. Proximity to work, recreation, and other neighborhoods is a benefit of the housing uses. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Staff Finding: ACSD is a non-profit and the development will come from their budget. No significant public expenditure for basic services is expected in relation to this development. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.84.030(B)(2)(b). Staff Finding: Slope reduction does not affect the proposed density. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding: The applicant must receive an allotment from City Council. The essential public facility and the affordable housing unit may be exempted from the scoring and competition procedures with a recommendation from the Growth Management Commission. The Growth Management Commission has reviewed this application and recommended, by an 11-0 vote, the Council approve the exemption. Exemption for Essential Public Facilities: 1. Except for housing, development shall be considered an essential public facility if it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general public, and serves the needs of the City. Staff Finding: The Sanitation District is an essential public facility according to this definition and may be exempted pursuant to this Section. 2. An applicant for an exemption pursuant to this section shall be required to demonstrate to the satisfaction of the City Council that the impacts of the essential public facility will be mitigated, including those associated with the generation of additional employees, the demand for parking, road and transit services, and the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. It shall also be demonstrated that the proposed development has a negligible adverse impact on the city's air, water, land and energy resources, and is visually compatible with surrounding areas. Staff Finding: This standard allows for an essential public facility to be exempted by City Council as long as the appropriate mitigation measures are taken to off -set the impacts of the development. These Staff comments page 2 • • impacts may include parking, air quality, basic services such as water and sewer, and the increase in employees. Employee Housing With private sector commercial applications, there exists a standard to address the creation of employees which is based upon the amount of net leasable square footage created through the development. There is no such simple formula for essential public facilities because the concept of net leasable does not apply as cleanly. With prior applications, staff has used the amount of additional office space as an indicator of the number of new employees which could be accommodated by the facility. This factor describes 3.5 employees per 1000 square feet of net leasable. Applied to this case, the small amount of office space creates approximately 1 employee. This seems to be a fair assessment assuming the office space as shown looks to be for one employee. The remainder of the interior space addresses the general needs for employees. Lockers, a break room, etc. The AACP prescribes 60% of new employee generation to be mitigated. The difficulty in assessing the employment generation of a maintenance facility is that not every employee necessarily operates within a traditional office. The applicant has stated that there will not be an increase in employees as a result of this development. Nevertheless, staff feels that there should be some acknowledgment of the capacity for additional employment in the future based on the size of the facility as proposed. During the pre -application process, staff encouraged the applicant to provide an employee unit to off -set the impacts of the development. The applicant was encouraged to review their employee housing needs and address them with the facility development. The applicant has stated a need for a family -oriented unit for a management level employee. The Sanitation District provides more housing than other similar government or quasi - governmental agencies. There are currently 8 housing units on -site, housing 8 employees, or 44% of the 18 total employees. Using the Housing Authority's number for how many people are housed specific to the type (size) of the units, these 8 units house 13.5 employees, or 75% of the 18 total. Staff feels that the 3 bedroom unit is necessary for the applicant to provide and adequately addresses the impacts of the development. By using the Housing Authority's numbers, this unit mitigates for 3 employees. If this mitigation is for 60% of the total employees created, the total would be 5 employees. The development as proposed will increase ACSD's capacity to employ, but not by more than 5 employees. The Housing Authority left the door open with regard to creating a `mitigation bank' in which any over mitigation could be accounted for and applied to future projects. Staff feels that future projects should be evaluated within the context of the whole facility on this site and the provision, or lack thereof, of employee housing should be evaluated at that time. The applicant, however, has asked employee mitigation beyond the minimum requirement be applied to future developments as a "mitigation bank." The Growth Management Commission did not make a recommendation concerning the "bank" idea, finding the proposed unit adequately met the impacts of the development. Council may want to discuss this "mitigation bank" element of the application during the public hearing. Staff comments page 3 0 • Other Impacts The applicant has proposed 3 parking spaces for the maintenance facility and for the housing unit. Staff does not see any problems with this provision and feels the applicant has the ability to adequately address the demand for parking. This is not generally a facility which receives a high amount of customer traffic. Staff suggests that the applicant address parking concerns by appropriately signing spaces for short-term, employee parking, and residential parking. Increases in PM10 (air pollution) will have to be mitigated to the standards of the Environmental Health Department. The property currently has sufficient water and sewer service. The applicant may have to relocate water mains which will require providing the appropriate easements for maintenance. The scale and massing of the proposed building are characteristic of the area. The Council may want the applicant to state the expected use and color of exterior materials. Generally, staff would suggest earth tone colors and a low reflectivity roof material. The Council should discourage the use of outdoor lighting beyond what is necessary. This should preclude the use of light to accentuate landscape features or call attention to architectural details. Exterior lighting should also be downcast. These concerns were raised by staff with the Planning and Zoning Commission and have been included in the recommended set of conditions. 3. Notwithstanding the criteria as set forth in Sections 26.100.050(C)(2)(a)(1) and 26.100.050(C)(2)(a)(2) the City Council may determine upon application that development associated with a nonprofit entity qualifies as an essential public facility and may exempt such development from the growth management competition and scoring procedures and such mitigation requirements as it deems appropriate and warranted. Staff Finding: The ACSD is an essential public facility. The City Council may waive such mitigation requirements as it deems necessary and warranted. Staff has addressed the mitigation concerns above. Exemption for Affordable Housing: Affordable housing deed restricted in accordance with the guidelines of the City Council and its housing designee shall be exempt from the scoring and competition procedures of growth management by City Council. Staff Finding The proposal includes one 3-bedroom unit deed restricted to Category 4. The Housing Authority has stated a preference for Category 3 designation without the income or asset limitation in effect until sold or leased to an employee outside of the ACSD. This unit, if approved by City Council, will be deducted from the annual pool of development allotments. Approval of the method: Approval of the method by which the applicant proposes to provide affordable housing shall be at the option of the City Council, upon the recommendation of the Growth Management Commission. In evaluating the applicant's proposal, the advice of the Aspen/Pitkin County Housing Authority shall be. sought in considering the following factors: Staff comments page 4 • 1. Whether the city has an adopted plan to develop affordable housing with monies received from payment of affordable housing dedication fees. Staff Finding: The City, through the Housing Authority, has developed an affordable housing plan for both public and private monies. Developers are strongly encouraged to mitigate on -site before considering off -site or payments -in -lieu. 2. Whether the city has an adopted plan identifying the applicant's site as being appropriate for affordable housing. Staff Finding= The AACP does specifically recognize this site appropriate for moderate density housing stating the proximate location to services, recreation, and other neighborhoods. The plan also acknowledges the potential of relocating endangered historic cottages to the property. These statements, however were probably under a scenario of relocating the Sanitation District which is not being proposed. Staff believes that the development of affordable housing close to the center of town and within walking distance to work opportunities and community facilities is appropriate and desirable. 3. Whether the applicant's site is well suited for the development of affordable housing, taking into account the availability of services, proximity to employment opportunities and whether the site is affected by environmental constraints to development or historic preservation concerns. Staff Finding; As mentioned in the response to #2, above, the site is well -suited for providing affordable housing on -site. There are no known historical constraints to development on this site. Environmental constraints are most likely associated with the prior treatment facility (not located where the development is proposed) and can be mitigated. 4. Whether the method proposed will result in employee housing being produced prior to or at the same time the impacts of the development will be experienced by the community. Staff Finding: The applicant will be developing the affordable housing at the same time as the maintenance facility. 5. Whether the development itself requires the provision of affordable housing on - site to meet its service needs. Staff Finding: The development does not specifically require this affordable housing to be provided on -site, but it does benefit the ACSD and minimizes commuter traffic. Vested Rights: Vested Rights status protects the applicant against changes in the land use code for a period of three years from City Council approval. Approval not granted this status are protected for 18 months. There are no review criteria for the Council to consider other than the development requested. Staff recommends the Council consider and approve vested right to the extent the proposed development is acceptable. Staff comments page 5 Another Aspen landmark comes down Cap's Auto owner Norbert Anthes, right, and customers Jesse Graber, left, and Jason Zeiner, console each other as a demolition crew begins tearing down the auto store on Mill Street. A Community Bank of Aspen will be built in its place, and Cap's will reopen as NAPA Auto at the Aspen Airport Business Center. Devon Meyers photo. Sanitation district plan advances By Jeremy Heiman Aspen Times Staff Writer Plans for building expansion by the Aspen Consolidated Sanitation District have passed Aspen's growth management review with flying colors. Chris Bendon, a planner for the city, said the approvals by both the city and county Planning and Zon- ing Commissions were unanimous, and no changes to the plans were mandated. The P&Zs jointly handle growth management reviews. The Sanitation District has requested permission to expand its, facilities at 565 N. Mill St., the for- mer site of the Aspen wastewater treatment plant. The application indicates storage and maintenance bays for large vehicles will be added, along with a bay for wash- ing vehicles, a break room an locker room for employees, addi- tional office and record storage space and a three -bedroom employ- ee housing unit. The expansion will add about 8,100 square feet to the complex. Bendon said the district has sev- eral vehicles that initially cost $200,000 to $300,000, and storing them indoors will reduce mainte- nance costs in the long run. Those vehicles are dump trucks and trucks that carry equipment designed to clean sewer lines, said District Manager Tom Bracewell •' The Sanitation District now has eight housing units that house sin- gle employees at the North Mill site, Bracewell said. Those include one -bedroom and studio apart- d ments. The proposed unit is intend- ed to house an employee with a family, Bendon said. City personnel encouraged the district to add a housing unit for a management -level employee when they learned of the plan to build storage and maintenance space, Bendon said. The Aspen Consolidated Sanita- tion District is a quasi -governmen- tal entity that serves both the city and the county. It has its own board of directors and taxing powers. The final decision on the project should be made by the City Coun- cil on May 26, Bendon said. He predicts easy approval at that time. "I don't think there's any show - stopping obstacles," he said. uled to be completes September, accordin; Smith, director of aviat During the project, will have to work aroi barricades and wait smaller areas because airport traffic will mov( and out of one small s tion at the terminal. The $2.4 million p ject will specifically problems with gradie the pavement a drainage. Woroill done in two 45-day pha to facilitate airport lo, ing and unloading ope tions while the proje proceeds. Problems on the apr include severely crack asphalt, and an unev gradient that allows run( to flow in several dire tions. With a uniform gi dient, the chief flow ar collection system improved. Glyc s th used on aircraft. 6 Airport officials are h, work will have little it airlines and their pas although keeping traffic will be no easy matter. "It's going to be prei in keeping the air carrie. tional, because we're I confine 100 percent of th ations in 50 percent of t}ii /11� n 11111111!141111 IE 111I1111 IIS 11111111111 416224 /1998 10:25A RESOLUTI DAVIS SIL T) 1 of 200 D 0.00 N 0.00 PITKIN COUNTY C RESOLUTION OF THE ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION RECOMMENDING CITY COUNCIL EXEMPT FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES AN EXPANSION OF AN ESSENTIAL PUBLIC FACILITY AND DEVELOPMENT OF ONE AFFORDABLE HOUSING UNIT, AND APPROVE THE METHOD IN WHICH AFFORDABLE HOUSING IS TO BE PROVIDED, FOR THE ASPEN •CONSOLIDATED SANITATION DISTRICT, 565 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID # 2737-073-00-854 Resolution #98- CA GMC WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant) submitted an application (development proposal) to the Community Development Department for the development of approximately 8,100 additional square feet for an office and general employee areas, the storage and maintenance of equipment, and an on -site employee dwelling unit at the ACSD offices. 565 North Mill Street, City of Aspen, parcel ID number 2737-073-00-854; and, WHEREAS, the City Council, pursuant to Sections 26.100.050 and 26.102.040, has the authority to exempt essential public facilities and affordable housing units from the competition and scoring procedures of the Growth Management Quota System after a recommendation is made by the Growth Management Commisison during a public hearing; and, WHEREAS, the applicant has requested an exemption as described above; and, WHEREAS, the Planning Department, the Housing Authority, the City Engineer, the Fire Marshal, the City Zoning Officer, the City Water Department, and the Environmental Health Department reviewed the development proposal in accordance with all applicable procedure and review criteria set forth in Sections 26.100.050 and 26.102.040; and, WHEREAS, during a public hearing at a regular meeting on April 7,1998, the Growth Management Commission recommended by a 11-0 vote City Council exempt from the scoring and competition procedures of growth management an expansion of the essential public facility and the development of one affordable housing unit, and recommended City Council approve the method in which the applicant is proposing to provide affordable housing with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Growth Management Commission: That the City Council should exempt from the scoring and competition procedures of the Growth Management Quota System the expansion of an essential public facility and the development of one affordable housing unit, and should approve the method in which affordable housing is proposed for the Aspen Consolidated Sanitation District facility, with the following conditions: 1. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction regarding assets or income. ACSD shall retain the right to select the occupant. 2. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall record the appropriate deed restriction, as stipulated in the Housing referral memo, and have the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of Occupancy for the office and maintenance portions of the building, the applicant shall obtain a Certificate of Occupancy for the housing unit. 3. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental Health Department for a PM 10 mitigation plan and a fugitive dust control plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy. 4. The applicant is fully subject to all reviews and approvals by the Aspen Planning and Zoning Commission and the Aspen City Council as required in the Municipal Code. In no way shall this recommendation imply approval of any other required approval. 5. Before issuance of a building permit, the applicant shall record this Growth Management Commission Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 6. All material representations made by the applicant in the application and during public • meetings with the Growth Management Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on April 7, 1998. APPROVED AS TO FORM: City Attorney ATTEST: ackie Lothian, Deputy City Clerk • I 11111111111111111 HIS 1111111111111111111111111111111111111111111111111111111111 416224 04/29/1998 10:25A RESOLUTI DAVIS SILVI 2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO GROWTH MANAGEMENT COMMISSION: Sara Garton, Chair • • RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THE CONDITIONAL USE FOR A MAINTENANCE FACILITY AND AFFORDABLE HOUSING UNIT IN THE PUBLIC ZONE, APPROVING THE SPECIAL REVIEW TO ESTABLISH THE PARKING REQUIREMENTS, WAIVING THE "RESIDENTIAL DESIGN STANDARDS," AND RECOMMENDING CITY COUNCIL APPROVE THE CONCEPTUAL AND FINAL SPECIALLY PLANNED AREA FOR THE ASPEN CONSOLIDATED SANITATION DISTRICT, 565 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID # 2737-073-00-854 Resolution #98 - 10—t WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant) submitted an application (development proposal) to the Community Development Department for the development of approximately 8,100 additional square feet for an office and general employee areas, the storage and maintenance of equipment, and an on -site employee dwelling unit at the ACSD offices, 565 North Mill Street, City of Aspen, parcel ID number 2737-073-00-854; and, WHEREAS, the Planning and Zoning Commission, pursuant to Sections 26.12,26.28.250, 26.32, 26.52, 26.58, 26.60, 26.64, and 26.80 has the authority to approve • Conditional Uses, approve Special Review for Parking, waive the "Residential Design Standards," and, forward recommendation to City Council concerning Conceptual and Final Specially Planned Area designations during a public hearing; and, WHEREAS, the applicant has requested conditional use approval for the maintenance facility expansion and one affordable housing unit, special review approval to establish the parking requirements, a waiver of the "Residential Design Standards, and conceptual and final approval for a Specially Planned Area designation; and, WHEREAS, the Planning Department, the Housing Authority, the City Engineer, the Fire Marshal, the City Water Department, and the Environmental Health Department, reviewed the development proposal in accordance with all applicable procedure and review criteria set forth the afore mentioned Sections WHEREAS, during a public hearing at a regular meeting on April 7, 1998, the Planning and Zoning Commission reviewed and considered this application, took and considered public comment, and, by a 6-0 vote, approved the Conditional Use for an expansion of the maintenance facility and development of an affordable housing unit, approved the Special Review to establish the parking requirements, waived all requirements of the "Residential Design Standards" finding the applicant's proposal to be a more effective method of addressing the standards in question, and recommended to City Council approval of the Conceptual and Final Specially Planned Area designation with the conditions recommended by the Community Development Department, as amended by the Commission during the public heairng. 111111111111111111111111111111111111111111111111111111 416223 04/29/1998 10:24A RESOLUTI DAVIS SILVI 1 of 4 R 21.00 0 0.00 N 0.00 PITKIN COUNTY CO NOW, THEREFORE BE IT RESOLVED by the Commission: • That the Planning and Zoning Commission approves the Conditional Use for an expansion of the maintenance facility and development of an affordable housing unit, Special Review to establish the parking requirements, and waiver of all requirements of the "Residential Design Standards" finding the applicant's proposal to be a more effective method of addressing the standards in question, and recommends to City Council approval of the Conceptual and Final Specially Planned Area designation with the following conditions: Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and recorded. This plat shall conform to all relevant plat requirement of the City -Engineer and shall include final drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition, this plat shall depict the following: All locations of as -built utilities and easements, as -built locations of all structures, an access easement and recordation number for access to the property, the top -of -slope as designated on the landscape plan, building envelopes following approximately the proposed "SPA" boundary, a note stating "only native vegetation below the top -of -slope," note(s) identifying "riparian areas," a note stating "the zoning for this property is Public -Specially Planned Area (PUB -SPA)." 2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire property to the conditions of approval and such information provided in the final plat. This SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy. The SPA designation upon the entire site shall reflected upon the Official Zone District Map of the City of Aspen. 3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property lines, building footprints, easements, utility placements (existing and proposed), and encroachments. Prior to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information to reflect the information recorded in the final plat. 4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The applicant shall retain drainage on -site during and after construction. All on - site drainage, surface run-off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be installed for the wash bays and must be covered with a roof structure if they are served by the public sewer. 5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility improvements and record the associated easements. These easements shall be reflected on the final plat. 6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category .3 price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction regarding assets or income. ACSD shall retain the right to select the occupant. Prior to issuance of a Building Permit, the applicant shall record the appropriate deed restriction with the Housing Authority. 7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a • Certificate of Occupancy for the office and maintenance portions of the building, the applicant shall obtain a Certificate of Occupancy for the housing unit. 111111111111111111111111111111111111111111111111111 IN 416223 04/29/1998 10:24A RESOLUTI DAVIS SILVI 2 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO 8. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures • proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy. 9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, speed limits. and other measures necessary to limit dust. 10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company. 11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further limiting these hours and nature of activity, within reason. 12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the ventilation is internal, the system must be designed by a Registered Professional Engineer. 13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to also sprinkle the existing portions of the building. 14. The applicant shall conform to all current building code requirements for the City of Aspen. This includes, but is not limited to, the Aspen/Pitkin County Energy Code. 15. The applicant is encouraged to use earth tone exterior colors and a non -reflective roof material. •16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting of landscape or architectural features is prohibited. 17. The applicant shall not use public rights -of -way for construction staging or parking for contractors and their employees. The applicant shall clean any tracked mud and debris from the site from adjacent public rights -of -way. 18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and/or gutter damaged during construction. 19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 21. The applicant is fully subject to all reviews and approvals by the Growth Management Commission and the Aspen City Council as required in the Municipal Code. In no way shall this resolution imply approval of any other required approval. • 22. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 111111111111111111111111 IN 11111111111111111111111111 416223 04/29/1998 10:24A RESOLUTI DAVIS SILVI 3 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO 0 • 23. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. is 24. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 25. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. • U APPROVED by the Commission at its regular meeting on April 7, 1998. APPROVED AS TO FORM: C, --7a C' Attorney ATTEST: ckie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Sara Garton, chair I 1111111111111111111111111111111 IN III IIIIIIIIIIIIIIII 111111111111 IN 416223 04/29/1998 10:24A RESOLUTI DAVIS SILVI 4 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO t "1� r. i i TA . MEMORANDUM G me TO: Growth Management Commission THRU: Stan Clauson, Community Development Directo 9K Julie Ann Woods, Deputy Direct FROM: Christopher Bendon, Planner, City o Aspen RE: Aspen Consolidated Sanitation District Exemption for Essential Public Facilities and One Affordable Housing Unit -- 565 North Mill Street DATE: April 7, 1998 SUMMARY: The Aspen Consolidated Sanitation District is requesting an amendment to the Specially Planned Area (SPA) for the addition of approximately 8,100 square feet to the existing building. This addition includes 4,200 square feet of vehicle maintenance bays, 800 square feet of mechanical and storage areas, 300 square feet of office space, a 770 square foot employees break room with a changing area and a bathroom, and a 1,440 square foot 3 bedroom apartment. This facility qualifies as an essential public facility under the definition in the land use code. Such facilities may be exempted from the competition and scoring procedures of growth management provided City Council is satisfied the impacts of the development have been addressed. These impacts include the provision of affordable housing, parking, and other basic services. These impacts are fully discussed in Exhibit A. The purpose for this review is to make a recommendation to the City Council concerning the appropriate level of mitigation requirements. Staff has reviewed this application and recommends the Growth Management Commission forward a recommendation of approval to the City Council for the exemptions and of the method in which affordable housing is being provided, with conditions. MAIN ISSUES: The applicant is proposing the construction of a 3 bedroom unit deed restricted to Category 4 price and income guidelines. The applicant's interest behind this Category is to not prohibit a management level employee. The Housing Authority prefers a Category 3 designation with the understanding that the income and asset limitations will not apply as long as the occupant is an employee of ACSD. PREVIOUS ACTION: The Growth Management Commission has not previously considered this application. The most recent amendments to this SPA were in 1986 (4,154 square feet of additional office, maintenance, and vehicle storage) and in 1989 (two additional employee units). APPLICANT: Aspen Consolidated Sanitation District -- Tom Bracewell, Collection System Superintendent. Glen Horn, AICP, Representative. LOCATION: 565 North Mill Street, City of Aspen. ZONING: Public (PUB) - Specially Planned Area (SPA) overlay. LOT SIZE: FAR: 3.79 Acres = 165,000 square feet. Pursuant to SPA. CURRENT LAND USE: 5,600 square feet of maintenance facility and offices. 8 affordable units. PROPOSED LAND USE:' Same with additional maintenance building and one affordable dwelling unit. The square footage is proposed in the following uses: 800 s.f. Wash bay 3,750 s.f. Storage and maintenance bay 702 s.f. Mechanical and lube room 1,404 s.f. Office and miscellaneous 1,441 s.f. 3 bedroom apartment 8,100 s.f. Total REVIEW PROCEDURE: Essential public facilities may be exempted from the scoring and competition procedures of GMQS by City Council after a recommendation by the Growth Management Commission. The applicant must demonstrate that the impacts of the proposed development have been adequately mitigated. Those impacts may include the generation of additional employees, the demand for parking, road and transit services, and the need for basic services such as water, sewage treatment, drainage control, fire and police protection, and solid waste disposal. BACKGROUND: The extent of existing development on the property is approximately 10,654 square feet. This includes offices, maintenance areas, and 8 employee units. ACSD currently employs 18 people and houses 8, or 44%, of those employees on -site. This housing includes 3 studios, 3 one -bedrooms, and 2 two -bedroom units. Using the Housing Authority's factor for determining the percentage of employees mitigated on -site, these units house 13.5 employees, or 75% of the total employed. GROWTH MANAGEMENT: The application was received in the 97-98 growth management year. New affordable housing units are deducted from the annual pool of development allotments. There are 43 allotments available each year plus additional allotments carried from former years. Approximately 50 allotments in this category carried forward and have been added to the current 43, equaling approximately 93. To be subtracted from this number are a few caretaker units approved in the County. The applicant is requesting 1 unit from the 97-98 growth management year. N STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit `B." The application has been included as Exhibit "C." RECOMMENDATION: Staff has reviewed this land use application and recommends the Growth Management Commission forward a recommendation to approve this exemption from the scoring and competitions procedures of GMQS to City Council with the following conditions: 1. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction regarding assets or income. ACSD shall retain the right to select the occupant. 2. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall record the appropriate deed restriction, as stipulated in the Housing referral memo, and have the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of Occupancy for the office and maintenance portions of the building, the applicant shall obtain a Certificate of Occupancy for the housing unit. 3. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental Health Department for a PM 10 mitigation plan and a fugitive dust control plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy. 4. The applicant is fully subject to all reviews and approvals by the Aspen Planning and Zoning Commission and the Aspen City Council as required in the Municipal Code. In no way shall this recommendation imply approval of any other required approval. 5. Before issuance of a building permit, the applicant shall record this Growth Management Commission Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 6. All material representations made by the applicant in the application and during public meetings with the Growth Management Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: (� "I recommend City Council exempt from the scoring and competition procedures of growth management the essential public facilities and the affordable housing unit �( �O proposed at the Aspen Consolidated Sanitation District, 565 North Mill Street, and recommend that City Council approve of this method of providing affordable housing with the conditions listed in the Staff memo dated April 7, 1998." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Application 3 Exhibit A Exemptions by City Council are subsequent to review and consideration by the GMC at a public hearing. Following are the review criteria for City Council: Exemption for Essential Public Facilities: 1. Except for housing, development shall be considered an essential public facility if it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general public, and serves the needs of the City. Staff Finding: The Sanitation District is an essential public facility according to this definition and may be exempted pursuant to this Section. 2. An applicant for an exemption pursuant to this section shall be required to demonstrate to the satisfaction of the City Council that the impacts of the essential public facility will be mitigated, including those associated with the generation of additional employees, the demand for parking, road and transit services, and the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. It shall also be demonstrated that the proposed development has a negligible adverse impact on the city's air, water, land and energy resources, and is visually compatible with surrounding areas. Staff Finding: This standard allows for an essential public facility to be exempted by City Council as long as the appropriate mitigation measures are taken to off -set the impacts of the development. These impacts may include parking, air quality, basic services such as water and sewer, and the increase in employees. Employee Housing With private sector commercial applications, there exists a standard to address the creation of employees which is based upon the amount of net leasable square footage created through the development. There is no such simple formula for essential public facilities because the concept of net leasable does not apply as cleanly. With prior applications, staff has used the amount of additional office space as an indicator of the number of new employees which could be accommodated by the facility. This factor describes 3.5 employees per 1000 square feet of net leasable. Applied to this case, the small amount of office space creates approximately 1 employee. This seems to be a fair assessment assuming the office space as shown looks to be for one employee. The remainder of the interior space addresses the general needs for employees. Lockers, a break room, etc. The AACP prescribes 60% of new employee generation to be mitigated. The difficulty in assessing the employment generation of a maintenance facility is that not every employee necessarily operates within a traditional office. The applicant has stated that there will not be an increase in employees as a result of this development. Nevertheless, staff feels that Exhibit A, page 1 there should be some acknowledgment of the capacity for additional employment in the future based on the size of the facility as proposed. During the pre -application process, staff encouraged the applicant to provide an employee unit to off -set the impacts of the development. The applicant was encouraged to review their employee housing needs and address them with the facility development. The applicant has stated a need for a family -oriented unit for a management level employee. The Sanitation District provides more housing than other similar government or quasi - governmental agencies. There are currently 8 housing units on -site, housing 8 employees, or 44% of the 18 total employees. Using the Housing Authority's number for how many people are housed specific to the type (size) of the units, these 8 units house 13.5 employees, or 75% of the 18 total. Staff feels that the 3 bedroom unit is necessary for the applicant to provide and adequately addresses the impacts of the development. By using the Housing Authority's numbers, this unit mitigates for 3 employees. If this mitigation is for 60% of the total employees created, the total would be 5 employees. The development as proposed will increase ACSD's capacity to employ, but not by more than 5 employees. The Housing Authority left the door open with regard to creating a `mitigation bank' in which any over mitigation could be accounted for and applied to future projects. Staff feels that future projects should be evaluated within the context of the whole facility on this site and the provision, or lack thereof, of employee housing should be evaluated at that time. The applicant, however, has asked empolyee mitigation beyond the minimum requirement be applied to future developments as a "mitigation bank." The Growth Management Commission may want to consider this request during the public hearing. Other Impacts The applicant has proposed 3 parking spaces for the maintenance facility and for the housing unit. Staff does not see any problems with this provision and feels the applicant has the ability to adequately address the demand for parking. This is not generally a facility which receives a high amount of customer traffic. Staff suggests that the applicant address parking concerns by appropriately signing spaces for short-term, employee parking, and residential parking. Increases in PM10 (air pollution) will have to be mitigated to the standards of the Environmental Health Department. The property currently has sufficient water and sewer service. The applicant may have to relocate water mains which will require providing the appropriate easements for maintenance. The scale and massing of the proposed building are characteristic of the area. The Commission may want the applicant to state the expected use and color of exterior materials. Generally, staff would suggest earth tone colors and a low reflectivity roof material. The Commission should discourage the use of outdoor lighting beyond what is necessary. This should preclude the use of light to accentuate landscape features or call attention to architectural details. Exterior lighting should also be downcast. Exhibit A, page 2 3. Notwithstanding the criteria as set forth in Sections 26.100.050(C)(2)(a)(1) and 26.100.050(C)(2)(a)(2) the City Council may determine upon application that development associated with a nonprofit entity qualifies as an essential public facility and may exempt such development from the growth management competition and scoring procedures and such mitigation requirements as it deems appropriate and warranted. Staff Finding: The ACSD is an essential public facility. The City Council may waive such mitigation requirements as it deems necessary and warranted. Staff has addressed the mitigation concerns above. Exemption for Affordable Housing: Affordable housing deed restricted in accordance with the guidelines of the City Council and its housing designee shall be exempt from the scoring and competition procedures of growth management by City Council. Staff Finding The proposal includes one 3-bedroom unit deed restricted to Category 4. The Housing Authority has stated a preference for Category 3 designation without the income or asset limitation in effect until sold or leased to an employee outside of the ACSD. This unit, if approved by City Council, will be deducted from the annual pool of development allotments. Approval of the method: Approval of the method by which the applicant proposes to provide affordable housing shall be at the option of the City Council, upon the recommendation of the Growth Management Commission. In evaluating the applicant's proposal, the advice of the Aspen/Pitkin County Housing Authority shall be sought in considering the following factors: 1. Whether the city has an adopted plan to develop affordable housing with monies received from payment of affordable housing dedication fees. Staff Finding: The City, through the Housing Authority, has developed an affordable housing plan for both public and private monies. Developers are strongly encouraged to mitigate on -site before considering off -site or payments -in -lieu. 2. Whether the city has an adopted plan identifying the applicant's site as being appropriate for affordable housing. Staff Finding The AACP does specifically recognize this site appropriate for moderate density housing stating the proximate location to services, recreation, and other neighborhoods. The plan also acknowledges the potential of relocating endangered historic cottages to the property. These statements, however were probably under a scenario of relocating the Sanitation District which is not being proposed. Staff believes that the development of affordable housing close to the center of town and within walking distance to work opportunities and community facilities is appropriate and desirable. Exhibit A, page 3 3. Whether the applicant's site is well suited for the development of affordable housing, taking into account the availability of services, proximity to employment opportunities and whether the site is affected by environmental constraints to development or historic preservation concerns. Staff Finding: As mentioned in the response to #2, above, the site is well -suited for providing affordable housing on -site. There are no known historical constraints to development on this site. Environmental constraints are most likely associated with the prior treatment facility (not located where the development is proposed) and can be mitigated. 4. Whether the method proposed will result in employee housing being produced prior to or at the same time the impacts of the development will be experienced by the community. Staff Finding. The applicant will be developing the affordable housing at the same time as the maintenance facility. 5. Whether the development itself requires the provision of affordable housing on - site to meet its service needs. Staff Finding: The development does not specifically require this affordable housing to be provided on -site, but it does benefit the ACSD and minimizes commuter traffic. Exhibit A, page 4 To: Thru: From Date: u MEMORANDUM Chris Bendon, Project Planner Nick Adeh, City Engineer Ross C. Soderstrom, Project Engineer March 10, 1998 Re: Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews Physical Address: 565 North Mill Street, City of Aspen, CO Legal Description: A tract of land within the NW 1/4, SW 1/4, Section 7, T 10 S, R 84 W, 6th P.M., City of Aspen, CO [Aspen Consolidated Sanitation District Specially Planned Area (SPA)] Parcel ID No.: xxxx-xxx-xx-xxx After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: [Site conditions at the time of site visits: February 18 and March 10, 1998; 2 - 4 ft snow pack; ground surface and features indistinguishable under snow pack.] Discussion: This application is an update to an existing SPA in which the Aspen Consolidated Sanitation District has substantially completed the conditions of approval from prior reviews for this site so there are relatively few significant comments or conditions to be addressed. 1. Improvement Survey and Subdivision Plat: The applicant will need to file an updated SPA plat for the property by the completion of the proposed improvements. The plat needs to conform to the standards of a subdivision plat with additional notes for the specific conditions of the SPA and other types of reviews and approvals. The plat should include the site, landscaping and utility plans in addition to the improvement and subdivision plat contents. Confer with the City Engineering Dept. for specific details. The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the application. 2. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, parking, drainage or utility plans for this project change subsequent to this review, a DRCM0598. DOC 1 OF 4 DRAFT Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews DRAFT complete set of the revised plans shall be provided to the Engineering Dept. for review and re-evaluation. The discussion and recommendations given in this memorandum apply to the application and plans (dated December 15, 1997) provided for this review and such comments and recommendations may change in response to changes in the use, density, or timing of the construction of the project, or changes in the site, parking, drainage or utility designs. 3. City Water Dept.: Verify, if possible from available records, the location of the water main (possibly steel) which is believed to have been abandoned in place and to be located along the easterly property boundary. If appropriate, the City may abandon the easement for this line it is no longer required. The well house in the center of the property is used to pump raw water for irrigating the landscaping on the site. The district should contact the City Water Dept. about operation of the well and the ownership and maintenance of the water main and two (2) fire hydrants serving the property. If not already in place, obtain an easement from the adjacent property owner for the water main from N. Mill Street which serves this property. (The strip of land between N. Mill St. and the subject property appears to belong to Pitkin County.) 4. City Streets Dept.: There is a dewatering drainage line from the Rio Grande Parking Garage which crosses this property before feeding into Hallam Lake. Libby Cowling (Holy Cross Electric Association) recalls that this drainage line was buried deepest and the electrical, telephone and cable television lines were buried on a bench of the same trench excavation above and to the side of the drainage line. If possible, the location of this drainage line should be included in the utility plan and an easement granted to the City of Aspen or the existing easement description corrected to reflect the actual location of the drainage line if it lies outside of the utility easement. 5. Holy Cross Electric Association: According to Libby Cowling (Holy Cross Electric Assoc.) there are two (2) electrical three phase transformers located on the property. Easements should be granted for the electrical lines connecting to the transformers and for the transformers themselves, if these do not already exist. The vault in the parking area north of the fueling pumps is probably not an electrical vault and the identity and label should be corrected in the utility plans for the building permit. 6. Utility & Service Easements: As needed, additional easements should be granted for existing and proposed utility lines through the property and these should be depicted on the plat to be recorded. Field locates should be made for the existing utilities to verify their locations verses the description of the existing common utility easement before preparing the final boundary plat and utility plans. 7. ACSD: Any drains serving the garage or other areas where the drains may capture oil, grease and sand, will need to have oil & sand interceptors installed in -line before the flows are discharged to the sanitary sewer or the stormwater drainage system. DRCM0598.DOC 2OF4 DRAFT Memo - Aspen Consolidated Sanitation Dis•SPA; Specially Planned Area Amendment, Conditional 00aintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off-street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews 8. Drainage - On -site & Off -site: The roof and foundation drains on the existing office and garage building are drained through a pipe which day -lights near the northwesterly comer of the property. The new roof and foundation drain systems will connect to this system. During a site visit with Tom Bracewell (ACSD) he explained that the area denoted on the utility plan for a detention basin will be reserved for this possible future use although the existing depressed area (swale) will remain essentially unchanged at this time. Low berms along the gravel driveway within the site direct and contain the surface run-off which percolates. Snow storage is accommodated in the open grass areas across the site. The proposed discharge pipe from the detention basin, crossing the trail to outfall at the river, shown on the utility plan in the application packet, will not be installed. 9. Access to Public Rights -of -Way and Parking: This property is landlocked from the N. Mill St. right-of-way by an intervening parcel which belongs to Pitkin County. The right of access needs to be verified or an access easement from Pitkin County needs to be obtained. Information identifying the recorded access easement needs to be included in the plat submitted for recording. In order to make the proposed sanitary sewer service tap for the new building, the District will need to obtain a right-of-way permit and coordinate closure of the lower, pedestrian path along the Rio Grande Trail on the westerly side of the property with the City Parks Dept.. The proposed vehicle parking plan appears suitable for the intended purposes. 10. Specially Planned Area: Recommendations particular to the SPA (and Conditional Use and Essential Public Facilities Exemption) are incorporated in the other recommendations of this review memorandum. Due to the location of this property at the bottom of the drainage basin and next to the river, Tom Bracewell reports that the seasonal ground water table is approximately 6 ft deep at the intended building site (southerly end of the property) and approximately 4 ft deep near the trail at the northerly end of the property. The drainage plan is designed given these conditions and functions acceptably for the existing buildings. If ground water becomes a problem in the construction or permanent drainage system for the site, the applicant should confer with the City Engineering Dept. about revisions to the site drainage plans. 11. Stream Margin: The top of slope for the river bank and any wetlands and riparian zones were not identified on the Improvement Survey provided with the application although the majority of the proposed work is obviously beyond the 15 ft top of slope setback. With the deletion of the outfall drainage pipe, there is no work proposed along the river bank nor on the river -side of the bike path. N.B.: Wetlands and riparian zones are to be shown on the improvement survey submitted for the application regardless of whether work is proposed in these areas and should not be contingent upon making a site visit to verify the existence and location of these areas. 12. Improvement Districts: The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an DRCM0598.DOC 3OF4 DRAFT Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews DRAFT assessment formula. The agreement would be executed and recorded concurrent with recording the subdivision plat. 13. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Information Services Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 14. Work in the Public Rights -of -Way: Given the continuous problems of unapproved work and development in public rights -of -way and easements, we advise the applicant as follows: The applicant must receive approval from: City Engineering (920-5080) for design of improvements, including landscaping and grading, within public rights -of -way; Parks Department (920-5120) for vegetation species and placement, and irrigation systems; Streets Department (920-5130) for mailboxes, street and alley cuts; and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the City Community Development Department (920-5090). DRC Meeting Attendees: Applicant: Glenn Horn - planner for applicant, Tom Bracewell - Applicant Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstrom, Nick Adeh, Jack Reid, Nancy MacKenzie, Chris Bendon, Bill Earley, Gideon Kaufman, Bill Sawyers, Bruce Lewis, Alan Richman, Michael Thompson, James von Brewer DRCM0598.DOC 4OF4 DRAFT MEMORANDUM To: Chris Bendon, Community Development Department Through: Lee Cassin, Assistant Environmental Health Director From: Nancy MacKenzie, Environmental Health Specialist Date: March 18,1998 Re: Aspen Consolidated Sanitation District Substantial SPA Amendment The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the Citf seen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "It shall be unlawful for the owner or occupant of any building used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device." The plans to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system." The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. A letter of agreement to serve the project must be provided. WATER QUALITY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by the City Engineer. AIR QUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to 'lessen congestion" and "avoid transportation demands that cannot be met' as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The major air quality impact is the emissions resulting from the traffic generated by this project. PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The traffic generated will also produce carbon monoxide and other emissions that are health concerns. The 1 municipal code requires developments to achieve the maximum practical degree of air purity by using all available practical methods to reduce pollution. The applicant needs to implement measures that will minimize traffic increases of the development, or offset the emissions from the project with PM10 reduction measures elsewhere. In order to do this, the applicant will need to determine the traffic increases generated by the project (using standard ITE trip generation rates), commit to a set of control measures, and show that the control measures offset the traffic or PM10 produced by the project. The increase in office area by 1,400 sq ft and a new 1,400 sq ft employee housing unit will produce more traffic and increase PM10. The vehicle wash bay, the shop/vehicle area and the mechanical room for these two areas are not assumed to generate additional vehicle trips since they are to house activities that are currently performed outside and are not to generate increased use. The standard ITE trip generation rates for a Utility (Code 170) is .79 trips generated per 1,000 ft. 1400 / 1000 = 1.4 1.4 X .79 = 1.1 trips/day generated by the expansion to the office for this Utility The standard ITE generation rate for one affordable housing unit (Code 210) is 9.55 trips/day. Using the standards established by the " Pitkin County Road Management & Maintenance Plan" several pre -approved trip per day reductions can be used with this land use category: 1.5 when 1 /2 mile from support services 2.0 for on -site employee housing 1.0 for on -site employee housing located 1/2 mile of transit stop 9.55/day reduced by 4.5 trips/day = 5 trips/day generated by the affordable housing unit. 5.0 + 1.1 = 6 total trips per day will be generated by the expansion and will have to be mitigated. ACSD should determine what could be done in the immediate area that would encourage at least 6 people per day to walk, bike or take the bus instead of driving. This could include constructing a sidewalk, trail or bike path link. The City Engineering Department and Parks Department could be contacted to coordinate with them on any new or ongoing projects in the immediate area. Providing employees with bikes for intown errands, free bus passes and/or encouraging car or van pools are other ways to decrease vehicle trips. A contribution could be made to acquire easements for trails, maintain bikepaths, or construct trails. A $1,380 contribution would mitigate 1 trip. A $8,280 contribution would mitigate the 6 trips generated by this project. A condition of approval should be that before the building permit can be issued the applicant provide information to the Aspen/Pitkin Environmental Health Department which documents that proposed mitigation measures are sufficient to offset increases in PM,o caused by the project. The mitigation measures must be completed before the final CO can be issued. K • r FIREPLACE/WOODSTOVE PERMITS If there are any fireplaces in this project, the applicant must file a fireplace/woodstove permit with the Environmental Health Department before the building permit will be issued. In the City of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. FUGITIVE DUST A condition of approval should be that a fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. ASRF,STOS Commercial - Prior to remodel, expansion or demolition of any public or commercial building, before any demolition involving any material put in before 1986 (besides concrete, bricks, or steel) including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. Environmental Health cannot sign any building permits until we get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, it must be removed by a licensed asbestos removal contractor. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors ...... Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. 3 0 0 -nB. MEMORANDUM TO: Planning and Zoning Commission THRU: Stan Clauson, Community DevelopRem: Director Julie Ann Woods, Deputy Director FROM: Christopher Bendon, Planner, City of Ispen RE: Aspen Consolidated Sanitation District Conceptual and Final Specially Planned Area (SPA), Conditional Use, Special Review, Stream Margin Review, and Residential Design Waiver -- 565 North Mill Street (Public Hearing) DATE: April 7, 1998 SUMMARY: The Aspen Consolidated Sanitation District is requesting an amendment to the Specially Planned Area (SPA) for the addition of approximately 8,100 square feet to the existing building. This amendment requires approval of a Conceptual and Final SPA plan, Conditional Use approval for a maintenance facility and affordable housing within the Public (PUB) Zone, a Stream Margin Review, Special Review approval to establish the parking requirement, and a waiver of the Residential Design Standards. The development proposed includes 4,200 square feet of vehicle maintenance bays, 800 square feet of mechanical and storage areas, 300 square feet of office space, a 770 square foot employees break room with a changing area and a bathroom, and a 1,440 square foot 3 bedroom apartment. This facility qualifies as an essential public facility under the definition in the land use code and is eligible for an exemption from GMQS by City Council following a recommendation from the Growth Management Commission (GMC). The GMC will consider this exemption under a separate public hearing. To offset the impacts of the development and in response to the conditional uses, the applicant is proposing the construction of a 3 bedroom unit deed restricted to Category 4 price and income guidelines. The applicant's interest behind this Category is not prohibit a management level employee. The Housing Authority prefers a Category 3 designation with the understanding that the income and asset limitations will not apply as long as the occupant is an employee of ACSD. Staff has reviewed this application and recommends the Planning and Zoning Commission approve the Conditional Use, Special Review, Stream Margin Review, and waiver of the Residential Design Standards, and recommend City Council approve the Conceptual and Final SPA, with conditions. PREVIOUS ACTION: The Commission has not previously considered this application. The most recent amendments to this SPA were in 1986 (4,154 square feet of additional office, maintenance, and vehicle storage) and in 1989 (two additional employee units). 0 APPLICANT: Aspen Consolidated Sanitation District -- Tom Bracewell, Collection System Superintendent. Glen Horn, AICP, Representative. LOCATION: 565 North Mill Street, City of Aspen. ZONING: Public (PUB) - Specially Planned Area (SPA) overlay. LOT SIZE: FAR: 3.79 Acres = 165,000 square feet. Pursuant to SPA. CURRENT LAND USE: 5,600 square feet of maintenance facility and offices. 8 affordable housing units. PROPOSED LAND USE: Same with additional maintenance building and one affordable dwelling unit. The square footage is proposed in the following uses: 800 s.f. Wash bay 3,750 s.f. Storage and maintenance bay 702 s.f. Mechanical and lube room 1,404 s.f. Office and miscellaneous 1,441 s.f. 3 bedroom apartment 8,100 s.f. Total REVIEW PROCEDURE: SPA plans are approved by City Council at a public hearing following a recommendation by the Commission at a public hearing. Conditional Use, and waivers of the Residential Design Standards may be approved by the Commission at a public hearing. Special Review and Stream Margin Reviews may be approved by the Commission at a hearing. BACKGROUND: The extent of existing development on the property is approximately 10,654 square feet. This includes offices, maintenance areas, and 8 employee units. ACSD currently employs 18 people and houses 8, or 44%, of those employees on -site. This housing includes 3 studios, 3 one -bedrooms, and 2 two -bedroom units. Using the Housing Authority's factor for determining the percentage of employees mitigated on -site, these units house 13.5 employees, or 75% of the total employed. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit `B." The application has been included as Exhibit "C." 2 E • RECOMMENDATION: Staff has reviewed this application and recommends the Planning and Zoning Commission approve the Conditional Use, Special Review, Stream Margin Review, and waiver of the Residential Design Standards, and recommend City Council approve the Conceptual and Final SPA, with the following conditions: 1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and recorded. This plat shall conform to all relevant plat requirement of the City Engineer and shall include final drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition, this plat shall depict the following: All locations of as -built utilities and easements, as -built locations of all structures, an access easement and recordation number for access to the property, the top -of -slope as designated on the landscape plan, building envelopes following approximately the proposed "SPA" boundary, a note stating "only native vegetation below the top -of -slope," note(s) identifying "riparian areas," a note stating "the zoning for this property is Public -Specially Planned Area (PUB -SPA)." 2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the evn%rre property to the conditions of approval and such information provided in the final plat. This SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy. 3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property lines, building footprints, easements, utility placements (existing and proposed), and encroachments. Prior to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information to reflect the information recorded in the final plat. 4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The applicant shall retain drainage on -site during and after construction. All on - site drainage, surface run-off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be installed for the wash bays and must be covered with a roof structure if they are served by the public sewer. 5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility improvements and record the associated easements. These easements shall be reflected on the final plat. 6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction regarding assets or income. ACSD shall retain the right to select the occupant. Prior to issuance of a Building Permit, the applicant shall record the appropriate deed restriction with the Housing Authority. 7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of Occupancy for the office and maintenance portions of the building, the applicant shall obtain a Certificate of Occupancy for the housing unit. 8. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy. 9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, speed limits, and other measures necessary to limit dust. 3 10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company. 11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further limiting these hours and nature of activity, within reason. 12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the ventilation is internal, the system must be designed by a Registered Professional Engineer. 13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to also sprinkle the existing portions of the building. 14. The applicant shall conform to all current building code requirements for the City of Aspen. This includes, but is not limited to, the Aspen/Pitkin County Energy Code. 15. The applicant is encouraged to use earth tone exterior colors and a non -reflective roof material. 16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting of landscape or architectural features is prohibited. 17. The applicant shall not use public rights -of -way for construction staging or parking for contractors and their employees. The applicant shall clean any tracked mud and debris from the site from adjacent public rights -of -way. 18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and/or gutter damaged during construction. 19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 21. The applicant is fully subject to all reviews and approvals by the Growth Management Commission and the Aspen City Council as required in the Municipal Code. In no way shall this resolution imply approval of any other required approval. 22. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 23. The applicant must receive approval for any work within public rights -of -way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 24. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4 • 0 25. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for a maintenance facility and one affordable al �� housing unit, Special Review for parking, Stream Margin Review, and waiver of the Residential Design Standards, and recommend City Council approve the Conceptual and Final Specially Planned Area with the conditions listed in the Staff memo dated April 7, 1998." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Application Exhibit A STAFF COMMENTS Specially Planned Area (SPA) Section 26.80.040, Standards Applicable to Specially Planned Areas 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Finding: This SPA is compatible with adjacent development. Because the property is zoned Public (PUB), the review must include either a PUD or SPA. The property has been zoned with a SPA overlay for 20+ years. This process allows the applicant to modify the zoning uses and dimensions. The uses and dimensions proposed are not drastically different from the underlying PUB Zone District. Staff suggests the plat reflect the SPA overlay for the whole property, designate building envelopes, the top -of -slope, and appropriate native vegetation below the top -of -slope. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Finding: Basic services are sufficient. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Staff Finding: The applicant has avoided areas of flood hazard by placing the structure to the South end of the property, away from the river. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Finding: The applicant's site plan is sensitive to the nearby public trail and is sensitive to visible open space on the property by the placement of the new development. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. Staff Finding: Staff comments page 1 The AACP is silent concerning the need for, and appropriate location for, necessary infrastructure. A basic concept of comprehensive city planning is the strategic planning for basic services. If the townsite were a clean slate, this area of town would most likely be prescribed for public park uses. The town benefited greatly when the bulk of the processing operation moved downstream to the present location below the AABC, leaving the management and administrative functions on Mill Street. This separation makes much more sense given the present land use, operating characteristics of the ACSD, and of the system. The AACP does identify this parcel as a potential housing site. This recommendation was probably considered a scenario of the ACSD vacating the parcel. Without this vacation, however, the site still does lend itself to housing. Proximity to work, recreation, and other neighborhoods is a benefit of the housing uses. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Staff Finding: ACSD is a non-profit and the development will come from their budget. No significant public expenditure for basic services is expected in relation to this development. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.84.030(B)(2)(b). Staff Finding: Slope reduction does not affect the proposed density. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding; The applicant must receive an allotment from City Council. The essential public facility and the affordable housing unit may be exempted from the scoring and competition procedures with a recommendation from the Growth Management Commission. The GMC will consider this exemption request and pass a recommendation to Council. CONDITIONAL USE: MAINTENANCE FACILITY AND AFFORDABLE HOUSING IN THE PUBLIC ZONE DISTRICT Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: The AACP only refers to this site as a potential for housing development. The ACSD is not vacating this site but does wish to build affordable housing as an accessory use to their administrative and maintenance functions. Staff comments page 2 0 • The purpose of this Public Zone District is to provide for the development of governmental and quasi -governmental facilities for cultural, educational, civic, and other related governmental purposes. Given this purpose statement, these facilities and are certainly within the spirit of the zoning. Considering the applicant is not proposing to vacate the property for the purpose of an affordable housing site, staff believes the maintenance facility and the affordable housing proposed for this site are not in conflict with the AACP. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding: Both uses being considered are an expansion of the uses already on -site. The Housing is compatible and enhances the mix of land uses on- and off -site. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: The maintenance facility should improve the operating characteristics of the ACSD by enclosing those functions. The site programming avoids the more public areas of the site and areas close to the trail and the river. The Commission should limit the use of outdoor lighting to a minimum and prohibit the use of light to accentuate landscape and architectural features. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Finding: There are sufficient basic services to supply this development. The applicant may need to re-route a water line and provide a revised easement for servicing. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: This is largely discussed in the recommendation to City Council concerning the exemption from growth management. There are no clear factors for deriving the number of additional employees that may be generated by this development. The applicant has requested approval for a 3 bedroom affordable housing unit. Using the Housing Authorities numbers to calculate the number of employees a unit houses by size, this unit houses 3 employees. 3 employees is 60% of 5 employees. Staff does not believe this development could increase the capacity Staff comments page 3 • • for ACSD to employ by more than 5 employees and believes the unit as proposed is sufficient to offset the employee impacts of this conditional use. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: The applicant must obtain GMQS allotments and final SPA approval from City Council. Other required review and recommendation are contained within this review unless covered by the Growth Management Commission. STAFF COMMENTS: OFF-STREET PARKING REQUIREMENTS No development subject to special review shall be permitted unless the Commission makes a determination that the proposed development complies with all standards set forth below. B. Off-street parking requirements. Whenever off-street parking requirements of a proposed development are subject to establishment and/or mitigation via a payment in lieu by special review, the development application shall only be approved if the following conditions are met: In all zone districts where the off-street parking requirements of a proposed development are subject to establishment and/or mitigation by special review, the applicant shall demonstrate that the parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, the projected impacts onto the on -street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests, and employees. Staff Finding: The applicant has proposed three (3) parking spaces for both the maintenance facility and the housing unit. Two (2) spaces would be required if the housing unit were anywhere else in the City. The small amount of office space generates the need for one (1) additional space. Staff does not see any problems with this provision and feels the applicant has the ability to adequately address the demand for parking. This is not generally a facility which receives a high amount of customer traffic. Staff suggest that the applicant address parking concerns by appropriately signing spaces for short-term, employee parking, and residential parking. Staff comments page 4 STAFF COMMENTS: STREAM MARGIN REVIEW Section 26.68.040, Standards Applicable to Development within 100 feet of the Roaring Fork River and its tributary streams. A. No development shall be permitted in the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the City Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all standards set forth below. B. No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all standards set forth below: It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposed mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development. Staff Finding: The applicant is not proposing development within the floodway and will not be increasing the base flood elevation. 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/Open Space/Trails Plan Map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practical; 4. There is no vegetation removed or damaged or slope grade changes (cut/fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy. Staff Finding This public trail has been constructed. The area along the river has been limited to native vegetation. Staff comments page 5 • • Staff is recommending the SPA boundary be extended to cover the entire property and building envelopes be designated on the recorded plat proximate to the existing SPA boundary. Staff does not see a need for barricading prior to development due to the distance from of the river. 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pool or hot tubs cannot be drained outside of the designated building envelope. Staff Finding: The applicant must maintain drainage on -site during and after construction. This has been included as a condition of approval. Written notice shall be provided to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. 8. Copies are provided of all necessary federal and state permits related to the work within the 100-year floodplain. Staff Finding: The applicant is not proposing any changes to the watercourse and the proposed development is not within the 100-year floodplain. 9. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. Staff Finding: The applicant is not proposing development below the top -of -slope. 10. All development outside of the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Staff Finding: The area proposed for development is clearly outside of this "no development zone." The final plat shall designate the top -of -slope. 11. A landscape plan is submitted with all development applications. Staff Finding: A landscape plan has been submitted which depicts an appropriate treatment of outdoor spaces and no changes to the area below the top -of -slope. Staff comments page 6 • 12. All exterior lighting is low and downcast with no lights directed toward the river or located down the slope Staff Finding: The has been included as a condition of approval. 13. Site sections drawn by a registered Architect, Landscape Architect, or Engineer are submitted showing all existing and proposed site elements, the top -of -slope, and pertinent elevations above sea level. Staff Finding: This site section has not been prepared. Staff, however, is certain the proposed development would not breach this progressive height limit. 14. There has been accurate identification of wetland and riparian areas. Staff Finding; The applicant is not proposing changes to areas along the river. No impacts to wetlands or riparian areas are expected with the development. STAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS All residential development within the City of Aspen, unless in the R-15B Zone District, shall comply with the Residential Design Standards unless otherwise granted a variance by the Design Review Appeal Committee (DRAC) or by any other review board for which the project must obtain an approval or recommendation. Relief from the Residential Design Standards may be granted if the variance is found to be one of the following : a) in greater compliance with the goals of the AACP. b) a more effective method of addressing standard in question. c) clearly necessary for reasons of fairness related to unusual site specific constraints. Staff believes standards a and b apply to this development. These standards were derived to address purely residential development and give the community oversight on mixed use projects. Staff feels that the strict application of these standards would not generate a better project than proposed. and that maintenance facilities should not be "dressed -up" to look like something they are clearly not. Staff comments page 7 • MEMORANDUM i To: Chris Bendon, Project Planner Thru: Nick Adeh, City Engineer From: Ross C. Soderstrom, Project Engineer Date: March 10, 1998 Re: Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews Physical Address: 565 North Mill Street, City of Aspen, CO Legal Description: A tract of land within the NW 1/4, SW 1/4, Section 7, T 10 S, R 84 W, 6th P.M., City of Aspen, CO [Aspen Consolidated Sanitation District Specially Planned Area (SPA)] Parcel ID No.: xxxx-xxx-xx-xxx After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: [Site conditions at the time of site visits: February 18 and March 10, 1998; 2 - 4 ft snow pack; ground surface and features indistinguishable under snow pack.] Discussion: This application is an update to an existing SPA in which the Aspen Consolidated Sanitation District has substantially completed the conditions of approval from prior reviews for this site so there are relatively few significant comments or conditions to be addressed. 1. Improvement Survey and Subdivision Plat: The applicant will need to file an updated SPA plat for the property by the completion of the proposed improvements. The plat needs to conform to the standards of a subdivision plat with additional notes for the specific conditions of the SPA and other types of reviews and approvals. The plat should include the site, landscaping and utility plans in addition to the improvement and subdivision plat contents. Confer with the City Engineering Dept. for specific details. The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the application. 2. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, parking, drainage or utility plans for this project change subsequent to this review, a DRCM0598.DOC 1 OF 4 DRAFT Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parldng), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews 11_w complete set of the revised plans shall be provided to the Engineering Dept. for review and re-evaluation. The discussion and recommendations given in this memorandum apply to the application and plans (dated December 15, 1997) provided for this review and such comments and recommendations may change in response to changes in the use, density, or timing of the construction of the project, or changes in the site, parking, drainage or utility designs. 3. City Water Dept.: Verify, if possible from available records, the location of the water main (possibly steel) which is believed to have been abandoned in place and to be located along the easterly property boundary. If appropriate, the City may abandon the easement for this line it is no longer required. The well house in the center of the property is used to pump raw water for irrigating the landscaping on the site. The district should contact the City Water Dept. about operation of the well and the ownership and maintenance of the water main and two (2) fire hydrants serving the property. If not already in place, obtain an easement from the adjacent property owner for the water main from N. Mill Street which serves this property. (The strip of land between N. Mill St. and the subject property appears to belong to Pitkin County.) 4. City Streets Dept.: There is a dewatering drainage line from the Rio Grande Parking Garage which crosses this property before feeding into Hallam Lake. Libby Cowling (Holy Cross Electric Association) recalls that this drainage line was buried deepest and the electrical, telephone and cable television lines were buried on a bench of the same trench excavation above and to the side of the drainage line. If possible, the location of this drainage line should be included in the utility plan and an easement granted to the City of Aspen or the existing easement description corrected to reflect the actual location of the drainage line if it lies outside of the utility easement. 5. Holy Cross Electric Association: According to Libby Cowling (Holy Cross Electric Assoc.) there are two (2) electrical three phase transformers located on the property. Easements should be granted for the electrical lines connecting to the transformers and for the transformers themselves, if these do not already exist. The vault in the parking area north of the fueling pumps is probably not an electrical vault and the identity and label should be corrected in the utility plans for the building permit. 6. Utility & Service Easements: As needed, additional easements should be granted for existing and proposed utility lines through the property and these should be depicted on the plat to be recorded. Field locates should be made for the existing utilities to verify their locations verses the description of the existing common utility easement before preparing the final boundary plat and utility plans. 7. ACSD: Any drains serving the garage or other areas where the drains may capture oil, grease and sand, will need to have oil & sand interceptors installed in -line before the flows are discharged to the sanitary sewer or the stormwater drainage system. DRCM0598.DOC 2OF4 DRAFT Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parlang), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews 8. Drainage - On -site & Off -site: The roof and foundation drains on the existing office and garage building are drained through a pipe which day -lights near the northwesterly comer of the property. The new roof and foundation drain systems will connect to this system. During a site visit with Tom Bracewell (ACSD) he explained that the area denoted on the utility plan for a detention basin will be reserved for this possible future use although the existing depressed area (swale) will remain essentially unchanged at this time. Low berms along the gravel driveway within the site direct and contain the surface run-off which percolates. Snow storage is accommodated in the open grass areas across the site. The proposed discharge pipe from the detention basin, crossing the trail to outfall at the river, shown on the utility plan in the application packet, will not be installed. 9. Access to Public Rights -of -Way and Parking: This property is landlocked from the N. Mill St. right-of-way by an intervening parcel which belongs to Pitkin County. The right of access needs to be verified or an access easement from Pitkin County needs to be obtained. Information identifying the recorded access easement needs to be included in the plat submitted for recording. In order to make the proposed sanitary sewer service tap for the new building, the District will need to obtain a right-of-way permit and coordinate closure of the lower, pedestrian path along the Rio Grande Trail on the westerly side of the property with the City Parks Dept.. The proposed vehicle parking plan appears suitable for the intended purposes. 10. Specially Planned Area: Recommendations particular to the SPA (and Conditional Use and Essential Public Facilities Exemption) are incorporated in the other recommendations of this review memorandum. Due to the location of this property at the bottom of the drainage basin and next to the river, Tom Bracewell reports that the seasonal ground water table is approximately 6 ft deep at the intended building site (southerly end of the property) and approximately 4 ft deep near the trail at the northerly end of the property. The drainage plan is designed given these conditions and functions acceptably for the existing buildings. If ground water becomes a problem in the construction or permanent drainage system for the site, the applicant should confer with the City Engineering Dept. about revisions to the site drainage plans. 11. Stream Margin: The top of slope for the river bank and any wetlands and riparian zones were not identified on the Improvement Survey provided with the application although the majority of the proposed work is obviously beyond the 15 ft top of slope setback. With the deletion of the outfall drainage pipe, there is no work proposed along the river bank nor on the river -side of the bike path. N.B.: Wetlands and riparian zones are to be shown on the improvement survey submitted for the application regardless of whether work is proposed in these areas and should not be contingent upon making a site visit to verify the existence and location of these areas. 12. Improvement Districts: The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an DRCM0598.DOC 3 OF 4 • • Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews HIMTO Ot assessment formula. The agreement would be executed and recorded concurrent with recording the subdivision plat. 13. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Information Services Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 14. Work in the Public Rights -of -Way: Given the continuous problems of unapproved work and development in public rights -of -way and easements, we advise the applicant as follows: The applicant must receive approval from: City Engineering (920-5080) for design of improvements, including landscaping and grading, within public rights -of -way; Parks Department (920-5120) for vegetation species and placement, and irrigation systems; Streets Department (920-5130) for mailboxes, street and alley cuts; and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the City Community Development Department (920-5090). DRC Meeting Attendees: Applicant: Glenn Horn - planner for applicant, Tom Bracewell - Applicant Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstrom, Nick Adeh, Jack Reid, Nancy MacKenzie, Chris Bendon, Bill Earley, Gideon Kaufman, Bill Sawyers, Bruce Lewis, Alan Richman, Michael Thompson, James von Brewer DRCM0598.DOC 4OF4 MEMORANDUM To: Chris Bendon, Community Development Department Through: Lee Cassin, Assistant Environmental Health Director G `� From: Nancy MacKenzie, Environmental Health Specialist Date: March 18,1998 Re: Aspen Consolidated Sanitation District Substantial SPA Amendment The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the Ci of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "It shall be unlawful for the owner or occupant of any building used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device." The plans to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system." The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. A letter of agreement to serve the project must be provided. WATER OUALM IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by the City Engineer. AIR UALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion' and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The major air quality impact is the emissions resulting from the traffic generated by this project. PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The traffic generated will also produce carbon monoxide and other emissions that are health concerns. The 1 municipal code requires developments to achieve the maximum practical degree of air purity by using all available practical methods to reduce pollution. The applicant needs to implement measures that will minimize traffic increases of the development, or offset the emissions from the project with PM10 reduction measures elsewhere. In order to do this, the applicant will need to determine the traffic increases generated by the project (using standard ITE trip generation rates), commit to a set of control measures, and show that the control measures offset the traffic or PM10 produced by the project. The increase in office area by 1,400 sq ft and a new 1,400 sq ft employee housing unit will produce more traffic and increase PM10. The vehicle wash bay, the shop/vehicle area and the mechanical room for these two areas are not assumed to generate additional vehicle trips since they are to house activities that are currently performed outside and are not to generate increased use. The standard ITE trip generation rates for a Utility (Code 170) is .79 trips generated per 1,000 ft. 1400 / 1000 = 1.4 1.4 X .79 = 1.1 trips / day generated by the expansion to the office for this Utility The standard ITE generation rate for one affordable housing unit (Code 210) is 9.55 trips/day. Using the standards established by the " Pitkin County Road Management & Maintenance Plan" several pre -approved trip per day reductions can be used with this land use category: 1.5 when 1/2 mile from support services 2.0 for on -site employee housing 1.0 for on -site employee housing located 1/2 mile of transit stop 9.55/day reduced by 4.5 trips/day = 5 trips/day generated by the affordable housing unit. 5.0 + 1.1 = 6 total trips per day will be generated by the expansion and will have to be mitigated. ACSD should determine what could be done in the immediate area that would encourage at least 6 people per day to walk, bike or take the bus instead of driving. This could include constructing a sidewalk, trail or bike path link. The City Engineering Department and Parks Department could be contacted to coordinate with them on any new or ongoing projects in the immediate area. Providing employees with bikes for intown errands, free bus passes and/or encouraging car or van pools are other ways to decrease vehicle trips. A contribution could be made to acquire easements for trails, maintain bikepaths, or construct trails. A $1,380 contribution would mitigate 1 trip. A $8,280 contribution would mitigate the 6 trips generated by this project. A condition of approval should be that before the building permit can be issued the applicant provide information to the Aspen/Pitkin Environmental Health Department which documents that proposed mitigation measures are sufficient to offset increases in PMlo caused by the project. The mitigation measures must be completed before the final CO can be issued. 2 • FIREPLACE/WOODSTOVE PERMITS If there are any fireplaces in this project, the applicant must file a fireplace/woodstove permit with the Environmental Health Department before the building permit will be issued. In the City of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. FUGITIVE DUST A condition of approval should be that a fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or commercial building, before any demolition involving any material put in before 1986 (besides concrete, bricks, or steel) including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. Environmental Health cannot sign any building permits until we get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, it must be removed by a licensed asbestos removal contractor. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors ...... Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. 3 • 1 MEMORAINDUM To: Chris Bendon, Project Planner Thru: Nick Adeh, City Enginee i From: Ross C. Soderstrom, Project Engineer Date: March 10, 1998 Re: Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews Physical Address: 565 North Mill Street, City of Aspen, CO Legal Description: A tract of land within the NW 1/4, SW 1/4, Section 7, T 10 S, R 84 W, 6th P.M., City of Aspen, CO [Aspen Consolidated Sanitation District Specially Planned Area (SPA)] Parcel ID No.: xxxx-xxx-xx-xxx After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: [Site conditions at the time of site visits: February 18 and March 10, 1998; 2 - 4 ft snow pack; ground surface and features indistinguishable under snow pack.] Discussion: This application is an update to an existing SPA in which the Aspen Consolidated Sanitation District has substantially completed the conditions of approval from prior reviews for this site so there are relatively few significant comments or conditions to be addressed. 1. Improvement Survey and Subdivision Plat: The applicant will need to file an updated SPA plat for the property by the completion of the proposed improvements. The plat needs to conform to the standards of a subdivision plat with additional notes for the specific conditions of the SPA and other types of reviews and approvals. The plat should include the site, landscaping and utility plans in addition to the improvement and subdivision plat contents. Confer with the City Engineering Dept. for specific details. The applicant will be required to complete the standard requirements and conditions associated with the form(s) of development requested in the application. 2. Changes in Conditions: If the proposed use, density, or timing of construction of the project change, or the site, parking, drainage or utility plans for this project change subsequent to this review, a DRCM0598.DOC 1 OF 4 Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews complete set of the revised plans shall be provided to the Engineering Dept. for review and re-evaluation. The discussion and recommendations given in this memorandum apply to the application and plans (dated December 15, 1997) provided for this review and such comments and recommendations may change in response to changes in the use, density, or timing of the construction of the project, or changes in the site, parking, drainage or utility designs. 3. City Water Dept.: Verify, if possible from available records, the location of the water main (possibly steel) which is believed to have been abandoned in place and to be located along the easterly property boundary. If appropriate, the City may abandon the easement for this line it is no longer required. The well house in the center of the property is used to pump raw water for irrigating the landscaping on the site. The district should contact the City Water Dept. about operation of the well and the ownership and maintenance of the water main and two (2) fire hydrants serving the property. If not already in place, obtain an easement from the adjacent property owner for the water main from N. Mill Street which serves this property. (The strip of land between N. Mill St. and the subject property appears to belong to Pitkin County.) 4. City Streets Dept.: There is a dewatering drainage line from the Rio Grande Parking Garage which crosses this property before feeding into Hallam Lake. Libby Cowling (Holy Cross Electric Association) recalls that this drainage line was buried deepest and the electrical, telephone and cable television lines were buried on a bench of the same trench excavation above and to the side of the drainage line. If possible, the location of this drainage line should be included in the utility plan and an easement granted to the City of Aspen or the existing easement description corrected to reflect the actual location of the drainage line if it lies outside of the utility easement. 5. Holy Cross Electric Association: According to Libby Cowling (Holy Cross Electric Assoc.) there are two (2) electrical three phase transformers located on the property. Easements should be granted for the electrical lines connecting to the transformers and for the transformers themselves, if these do not already exist. The vault in the parking area north of the fueling pumps is probably not an electrical vault and the identity and label should be corrected in the utility plans for the building permit. 6. Utility & Service Easements: As needed, additional easements should be granted for existing and proposed utility lines through the property and these should be depicted on the plat to be recorded. Field locates should be made for the existing utilities to verify their locations verses the description of the existing common utility easement before preparing the final boundary plat and utility plans. 7. ACSD: Any drains serving the garage or other areas where the drains may capture oil, grease and sand, will need to have oil & sand interceptors installed in -line before the flows are discharged to the sanitary sewer or the stormwater drainage system. 8. Aspen Fire Protection District: The new building and garages will need to be equipped with fire sprinklers and fire alarms. DRCM0598.DOC 2OF4 Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and AtTordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews 9. City Parks Dept.: It appears that only one tree requiring a tree removal permit will be impacted by the proposed expansion. The Sanitation District will also coordinate work in the sanitary sewer easement on the westerly side of the property with the City Parks Dept. for trail closure and re -vegetation. 10. Drainage - On -site & Off -site:. The roof and foundation drains on the existing office and garage building are drained through a pipe which day -lights near the northwesterly corner of the property. The new roof and foundation drain systems will connect to this system. During a site visit with Tom Bracewell (ACSD) he explained that the area denoted on the utility plan fora detention basin will be reserved for this possible future use although the existing depressed area (swale) will remain essentially unchanged at this time. Low berms along the gravel driveway within the site direct and contain the surface run-off which percolates. Snow storage is accommodated in the open grass areas across the site. The proposed discharge pipe from the detention basin, crossing the trail to outfall at the river, shown on the utility plan in the application packet, will not be installed. 11. Access to Public Rights -of -Way and Parking: This property is landlocked from the N. Mill St. right-of-way by an intervening parcel which belongs to Pitkin County. The right of access needs to be verified or an access easement from Pitkin County needs to be obtained. Information identifying the recorded access easement needs to be included in the plat submitted for recording. In order to make the proposed sanitary sewer service tap for the new building, the District will need to obtain a right-of-way permit and coordinate closure of the lower, pedestrian path along the Rio Grande Trail on the westerly side of the property with the City Parks Dept.. The proposed vehicle parking plan appears suitable for the intended purposes. 12. Specially Planned Area: Recommendations particular to the SPA (and Conditional Use and Essential Public Facilities Exemption) are incorporated in the other recommendations of this review memorandum. Due to the location of this property at the bottom of the drainage basin and next to the river, Tom Bracewell reports that the seasonal ground water table is approximately 6 ft deep at the intended building site (southerly end of the property) and approximately 4 ft deep near the trail at the northerly end of the property. The drainage plan is designed given these conditions and functions acceptably for the existing buildings. If ground water becomes a problem in the construction or permanent drainage system for the site, the applicant should confer with the City Engineering Dept. about revisions to the site drainage plans. 13. Stream Margin: The top of slope for the river bank and any wetlands and riparian zones were not identified on the Improvement Survey provided with the application although the majority of the proposed work is obviously beyond the 15 ft top of slope setback. With the deletion of the outfall drainage pipe, there is no work proposed along the river bank nor on the river -side of the bike path. N.B.: Wetlands and riparian zones are to be shown on the improvement survey submitted for the application regardless of whether work is proposed in these areas and should not be contingent upon making a site visit to verify the existence and location of these areas. DRCM0598.D0C 3OF4 • . Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards, and Vested Property Rights Reviews 14. Improvement Districts: The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under. an assessment formula. The agreement would be executed and recorded concurrent with recording the subdivision plat. 15. As-Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the Aspen/Pitkin County Information Services Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 16. Work in the Public Rights -of -Way: Given the continuous problems of unapproved work and development in public rights -of -way and easements, we advise the applicant as follows: The applicant must receive approval from: City Engineering (920-5080) for design of improvements, including landscaping and grading, within public rights -of -way; Parks Department (920-5120) for vegetation species and placement, and irrigation systems; Streets Department (920-5130) for mailboxes, street and alley cuts; and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the City Community Development Department (920-5090). DRC Meeting Attendees: Applicant: Glenn Horn - planner for applicant, Tom Bracewell - Applicant Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstrom, Nick Adeh, Jack Reid, Nancy MacKenzie, Chris Bendon, Bill Earley Others: Gideon Kaufman, Bill Sawyers, Bruce Lewis, Alan Richman, Michael Thompson, James von Brewer DRCM0598.DOC 4OF4 MEMORANDUM To: Chris Bendon, Community Development Department Through: Lee Cassin, Assistant Environmental Health Director G `�-- From: Nancy MacKenzie, Environmental Health Specialist Date: March 18,1998 Re: Aspen Consolidated Sanitation District Substantial SPA Amendment The Aspen/Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the Ci of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "It shall be unlawful for the owner or occupant of any building used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device." The plans to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system." The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. A letter of agreement to serve the project must be provided. WATER QUALITY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by the City Engineer. AIR OUALITY: Sections 11-2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met' as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The major air quality impact is the emissions resulting from the traffic generated by this project. PM-10 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The traffic generated will also produce carbon monoxide and other emissions that are health concerns. The 1 municipal code requires developments to achieve the maximum practical degree of air purity by using all available practical methods to reduce pollution. The applicant needs to implement measures that will minimize traffic increases of the development, or offset the emissions from the project with PM10 reduction measures elsewhere. In order to do this, the applicant will need to determine the traffic increases generated by the project (using standard ITE trip generation rates), commit to a set of control measures, and show that the control measures offset the traffic or PM10 produced by the project. The increase in office area by 1,400 sq ft and a new 1,400 sq ft employee housing unit will produce more traffic and increase PM10. The vehicle wash bay, the shop/vehicle area and the mechanical room for these two areas are not assumed to generate additional vehicle trips since they are to house activities that are currently performed outside and are not to generate increased use. The standard ITE trip generation rates for a Utility (Code 170) is .79 trips generated per 1,000 ft. 1400 / 1000 = 1.4 1.4 X .79 = 1.1 trips/day generated by the expansion to the office for this Utility The standard ITE generation rate for one affordable housing unit (Code 210) is 9.55 trips/day. Using the standards established by the " Pitkin County Road Management & Maintenance Plan" several pre -approved trip per day reductions can be used with this land use category: 1.5 when 1/2 mile from support services 2.0 for on -site employee housing 1.0 for on -site employee housing located 1/2 mile of transit stop 9.55/day reduced by 4.5 trips/day = 5 trips/day generated by the affordable housing unit. 5.0 + 1.1 = 6 total trips per day will be generated by the expansion and will have to be mitigated. ACSD should determine what could be done in the immediate area that would encourage at least 6 people per day to walk, bike or take the bus instead of driving. This could include constructing a sidewalk, trail or bike path link. The City Engineering Department and Parks Department could be contacted to coordinate with them on any new or ongoing projects in the immediate area. Providing employees with bikes for intown errands, free bus passes and/or encouraging car or van pools are other ways to decrease vehicle trips. A contribution could be made to acquire easements for trails, maintain bikepaths, or construct trails. A $1,380 contribution would mitigate 1 trip. A $8,280 contribution would mitigate the 6 trips generated by this project. A condition of approval should be that before the building permit can be issued the applicant provide information to the Aspen/Pitkin Environmental Health Department which documents that proposed mitigation measures are sufficient to offset increases in PMlo caused by the project. The mitigation measures must be completed before the final CO can be issued. 2 FIREPLACE/WOODSTOVE PERMITS If there are any fireplaces in this project, the applicant must file a fireplace/woodstove permit with the Environmental Health Department before the building permit will be issued. In the City of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. FUGITIVE DUST A condition of approval should be that a fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or commercial building, before any demolition involving any material put in before 1986 (besides concrete, bricks, or steel) including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. Environmental Health cannot sign any building permits until we get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, it must be removed by a licensed asbestos removal contractor. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors ...... Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. 3 F=B 23 ' c, 10: 35AM ASFEH 4 AISING C,FC P . 1 MEMORANDUM TO: Chris Bendon, Community Development Department FROM: Cindy Christensen, Housing Office DATE: February 23, 1998 RE: Aspen Consolidated Sanitation District Substantial SPA Amendment Panel ID No. 15AM9: The applicant is requesting approval to expand an existing maintenance and storage facility for vehicle maintenance bays, offioe space. storage space and one afforciable housing unit. 5ACjS0.S0_t114R: The affordable housing unit is proposed to be a 1,440 square foot, Category 4, three - bedroom rental affordable housing unit. The applicant is seeking a Category 4 designation to make the unit available in the future for the family of a District supervisor or manager. The applicant does state, though, that the unit will probably be occupied by a lower income family in the near future, The square footage of the unit fads under the minimum square footage for a Category 4 unit. The main concern with the Category 4 designation is the rental V a lower income family. The applicant also states that this expansion will not create any addrdonal employees, therefore, the applicant would like to use this unit fbr credit in the future, RECAMMENDATI-Ok., Tne Housing Office recommends approval with the following conditions: 1. Deed restrict the unit to a Category 3 with the stipulation that as long as the tenant works for the Aspen Consofdated Sanitation District, income andlo, assets do not come into play, 2. Provide a list of the current employees and one year after Certifioate of Oocupanoy, an audit should be completed verifying the number of employees. Should there be any additiona:' employees, the three-bedraorn unit will be used for this mltig2tion. 3. A deed restriction must be filed guaranteeing Tx- unit; a. shall be required to be rented and be rented far periods of no less than slx (6) months; upon vacancy of the unit, a landlord is granted forty-five (45) days in which W locate a qualified tenant; b. shall not be occupied by the owner or members of the immediate family (as defined in Section 3- 150,130(A)(4) nor shall it be used as a guest house or guest fadlty; c. all tenants must be approved by the Aspen i'Min County Housing Authority and coplen of the 4igned lease must be provided to the Housing Office showing the amount of rent charged and the term of the lease; d, the maximum rental rates shall not exceed the Housing Authority Category 3 level or equivalent. 4. An inspection of the unit may be done by the Housing Office. If this is approved, a copy o` the deed res7iction should be obtained from the Housing Office and is required to be recorders before any building permit can be aoproved, Saturday -Sunday, March 21-22, 1998 e The Aspen Times 21-C proposed outside of the metro areas significant land use issues may be implicated, For example, the provision of public facilities and urban services outside of metro areas may fundamentally change the character of the area and contribute to undesirable sprawl development which has social, financial and environmenlai consequences that should be avoided. , Pnrr.rrs ru /csmeu f Crites A: Are all necessary public facilities and urban services available concurrently with the developmbnl of the site or phasing of the proposed development? If there is not fug public facility and urban service concunency at the time of the consideration of the site or proposed development, or the developer proposes to provide such services In a non -metro area, then consider 1. Is the provision of public facilities and urban facilities realistic in this location? 2. Is the provision of public facilities and urban services desirable for the proposed location? 3. Will the introduction of public facilities and urban services result In a dramatic change to the community character of the area and/or a fundamental change in the type of historical use of the property? If the proposed location is rural in character, consider whether public facilities and urban services are appropriate in that particular rural area. 4. Who will pay the cost to make these services and facilities available? 5. How would the provision of public facilities and urban services in this particular location impact: a. The character of the surrounding neighborhood? b. The safety of the public? c. The public treasury? d. The level of service and capacity of roads servicing the location (before and after development)? e. The environment? I. The visual experience from the public viewplanes and neighboring properties? 6. Would the provision or public facilities and urban services in this particular location encourage a sprawl development panern'r 7 If phasing along with increases in services and facilities is proposed, will these services and facilities really be available concurrently with the completion of each phase of the development (i.e., when the occupants really need it)? PW1 a op It B.• White the provision of citizen housing is important, it is equally Importhot that we preserve the character of our community and natural environment Citizen housing should not be developed where such development will result in fundamental incompatibilities or fundamental changes in the character of any neighborhood or area. Particularly where rural lands located outside of the metro areas are implicated, careful consideration of whether citizen housing development will likely transform the character of the area from rural to suburban or rural to urban should be given. Pnll nsnrnv/CxrtutA 11 I'lle-eso-11C.M.-A rnu.oxnrnwCameu C f ria B: Will the development of the site with citizen housing be compatible with the neighborhood or area in which it is proposed? What will the effect of the development of citizen housing be on the character or the neighborhood or area? Will such development likely rnu.mnwev/cenxxu x result in a fundamental change in the character of the neighborhood or area? (For example, win the development of citizen housing In the area transform the character of the area from rural to suburban or urban7) h#0- fIY' Citizen housing developments should emphasize non - automotive transportation through site design that internally and externally promotes alternative transportation modes (i.e., mass transit, walking, biking, etc.). CdLenla—C; Is the site or proposed development plan internally and extemally oriented to promote alternative, non -automotive transport? Specifically: 1. Can the proposed site accommodate an internal pedestrian - oriented design? Or, if a specific development is proposed, is the site design pedestrian -oriented? Does the internal site design promote alai mative, non -automotive transport? 2. Is the site of proposed development plan externally oriented to promote alternative, non-automolve transport? Is it reasonably accessible to existing and/or proposed recreation/commulen trails, sidewalks and mass transit? PfriIosppby D; Citizen housing should he visually compatible with its surrounding environments. both built and unbuilt. The Issue of visual compatibility is particularly important from adjacent public and private vlewplanes and along identified scenic corridors. Criteria D: Is the site or proposed development plan visually compatible with its surrounding environment (built and unbuilt) as seen from the public and adjacent private viewplanes7 Philosophy E' The under-deveiopmenl of certain citizen housing sties is undesirable. Considering the carrying capacity of the land• citizen housing sites should attempt to optimize the density of the site to produce the greatest number and variety of needed citizen housing types Criteria E: Does the site or proposed development plan optimize the site's potential density, considering the maximum density appropriate from a carrying capacity perspective (including transportation). P if so by F.., While achieving the optimal number of citizen housing units considering the carrying capacity of a given site is important• it is also vital that the proposed density and housing types be the type of units identified by the City of Aspen/Pilkin County Housing Office in their affordable housing guidelines and definitions and any applicable local housing policies. (For example. 100 dormitory or 100 resident - occupied units may not be as desirable as a mixture of category types) For proposal packet information contact: ides Stotts, Solid Waste/Recycle Center nage, 76 Service Center Road Aspen, CO 81611 970) 920-5215. Proposals must be received at the Pitkin County 'ublic Works Office no later than March 23, 1998. It 4:00 PM, MST at which time bids will be opened ublicly. Published in The Aspen Times on March 14, 21, 998. PUBLIC NOTICE PLEASE TAKE NOTICE that Sara A. Bradley, Jerry Govreau and Debra Govreau have filed a Petition with the Basalt Water Conservancy District requesting the inclusion into said District of the following described lands located in the County of Eagle, State of Colorado, to wit: Lots 5 and 10, Windward Ranch Subdivision according to the plat thereof recorded July 6, 1971 as File 111116610 1n Book 220 at Page 940 in the office of the Clerk and Recorder, Eagle County, Colorado. Said Petition shall be heard at a regular meeting of the Board of Directors of said District on Monday, April 13, 1998, at 7:00 o'clock P.M. at the Country Inn, 1920 Cowen Dr., Carbondale,_ Colorado, when and where all persons interested shall appear and show cause, in writing, why said Petition should not be granted. The failure of any person to file a written objection shall be taken as an assent to the inclusion of the above -described lands within the District. Written objections may be filed in advance of said meeting by mailing or delivery to the Basalt Water Conservancy District at 302 Eighth Street, Suite 310, Glenwood Springs, Colorado 81601. BASALT WATER CONSERVANCY DISTRICT By Barbara Mick, Secretary Published in The Aspen Times on March 14, 21, and 28. 1998. PUBLIC NOTICE PLEASE TAKE NOTICE that Richard Panichi and \ndrea Panichi have filed a Petition with the 3asalt Water Conservancy District requesting the nclusion into said District of the following lescribed lands Iocatec6in the County of Pitkin, hate of Colorado, to wit: See Exhibit "A" attached hereto and incorporat- d herein by reference. Said Petition shall be heard at the regular meet- iag of the Board of Directors of said District on he 13th day of April, 1998. at 7:30 o'clock P.M. at he Country Inn, 1920 Cowen Dr., Carbondale, Colorado, when and where all persons interested hail appear and show cause, in writing, why said etition should not be granted. The failure of any erson to file a written objection shall be taken as n assent to the inclusion of the above described Ernploynrent Generaflon Conslderaflons g111 1 a • Do the proposed density and housing types proposed significantly contribute to the overall Aspen/Pilkin County and regional housing goals and needs as identified by the City of Aspen/Pilkin County Housing Office, and/or any subsequently created regional housing authority, and/or applicable local housing policies"? M1e ll9ophy_2• The opportunity for a high quality of life in any citizen housing development Is a critical component in attracting employees (and retirees) to live in surh housing, Ownership housing represents a more desired type of housing and chance for a higher quality of life for both the residents and their neighbors. The placement of citizen housing within a neighborhood and also within a larger project should preferably be dispersed among free market units and other housing types. Inf ll development Is highly desired. C_rsoda _G• Does the site or the proposed development plan provide an opportunity for a high quality of life - both for those living in the housing, as well as their neighbors? The type of housing in terms of ownership versus rental units shall be considered in terms of the quality of life as shall the mix of housing (in terms of category type and inlegrallonli ispersal among free market units or other housing types). Philosophy H: Citizen housing should be of good quality design and construction, structurally sound and energy efficient. Quality design and construction are important in terms of preserving the character of Pitkin County and also in terms of providing a lasting, high quality of life for the residents of citizen housing. Crifterfe Does the site present an opportunity for good quality design and construction? Where a specific development plan is being considered, are good quality design and construction proposed? What will the operating costs of the unit be (e.g., heating bills. etc.)? Consider the likely economic life of the units proposed and weigh it against the public subsidy for those units. i ps Jf y L The design of citizen housing should •-itilize and conserve the natural scenic features of the site Site design should conserve valuable and scenic natural features, and social opportunities, based on site characteristics, should be promoted and utilized. Criterfa Does the site or proposed development utilize and conserve the natural scenic features of the stie7 Phllosophil,• The development of citizen housing usually results in a neutral or negative fiscal impact. However. The fiscal impact should nonetheless be considered, particularly to the extent that such impact varies by the type and location of the citizen housing developed. In some instances where the negative fiscal impact of the development of a particular site with citizen housing significantly exceeds the impact of development of other citizen housing siles, consideration should be given regarding the appropriateness of development in that instance. Crfterfe ✓: What will the fiscal impact of the development of the site or proposed development be? How does the fiscal impact of this particular site or proposed development compare to other citizen housing sites? If the proposed site has a negative fiscal impact that significantly exceeds the fiscal Impact of developing other citizen housing sites, consider whether development is justified. PhlfQsoghy_& Citizen housing sites should be consistent with the AACP, the DVCP and the Basalt Three Mlle Plan, and any plans that supersede or supplement these documents. Citizen housing sites should also be consistent with any intergovernmental agreements among Aspen, Basalt, Pilkln County or Snowmass Criferle K•• Is the site consistent with The AACP, the DVCP and the Basalt Three Mlle Plan, and any plans that supersede or supplement these documents? Is the site consistent with all adopted intergovernmental agreements? In reviewing every development application, for commercial andlor residential uses, the County shall consider the effect of the proposed use on the gaperallon of employees. The County shall also consider s the type of person the use is intended to attract and the likelihood that the proposed use will attract persons who require a high level of service. mployers of a significant number or employees who seek development review approvals shall be required to provide housing for substantially all of their generated employees near the proposed development. (Examples would be the Aspen Skiing Company and he former Ritz.) lands within the District. Written objections may be filed in advance of said meeting by mailing or delivery to the Basalt Water Conservancy District at 302 Eighth Street, Suite310, Glenwood Springs, Colorado 81601. BASALT WATER CONSERVANCY DISTRICT By: Barbara Mick, Secretary EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: A parcel of land situated in Tracts 74 and 75, Section 27, Township 8 South, Range 86 West of the Sixth Principal Meridian, lying easterly of a County Road as constructed and In place being more particularly described as follows: Beginning at AP 1, said Tract 75; Thence south 02°19'07" east 610.81 feet along Line 1-10 of said Tract 75; Thence South 89"17'59" West 1269.04 feet to a point on the easterly line of said County Road; Thence along said Easterly Line of said County Road the following five (5) courses: 1) North 141811" West 216.11 feet; Thence 2) South 90°00'00" East 3.61 feet; Thence 3) North 14"23'00" West 100.01 feet; Thence 4) North 30°45'00" West 316.90 feet; Thence 5) North 26"07'100' West 145.65 feet to a point on the South boundary of the Fox Subdivision as filed in Plat Book 8 at Page 388 of the records of the Clerk and Recorder of Pitkin County, Colorado; Thence along said boundary of said Fox Subdivision the following three (3) courses: 1) South 90°00'00" East 443.60; Thence 2) South 26°39'00" East 108.00 feet to a point on the North line of said Tract 75; Thence 3) North 89"17'59" East along said North line of Tract 75, 1053.05 feet to said AP 1 of Tract 75, the point of beginning. Published in The Aspen Times on March 14, 21 and 28, 1998. REQUEST FOR PROPOSALS SALVAGE, DEMOLITION, GENERAL CONTRACTORS Aspen Base Operation, the provider of General Aviation services at the Pitkin County Airport In Aspen, Colorado is requesting proposals from qualified and insured contractors for the removal of an existing 14,000 square foot aircraft hangar at the above location. The scope of work of this RFP shall include the total and complete removal from the site of the facility including any and all appurtances, acces- sories and improvements down to the top of foundation or floor slab, whichever is higher. The Owner will arrange for the disconnection of all utilities prior to the start of the removal process. The contractor may salvage or demolish the venous components as he desires but will be responsible for the removal from the site of all salvaged items and the legal disposal off site of Published in The Aspen Times on March 21, 1998. any and all non -salvaged items. The work will occur upon the site of a Federal Aviation Administration controlled airport and the successful contractor shall be responsible for adhering to all applicable procedural, safety and security requirements. Prior to the start of the work the contractor's key personnel shall meet with the Airport Staff and become acquainted with all specific requirements and procedures applicable to this project. Construction person- nel shall be restricted to the Immediate area adja- cent to the hangar being removed. Proposals are due no later than 2:00 P.M. local tune, April 9, 1985 addressed to Mr. Cliff Runge, Aspen Base Operation, 69 E. Airport Road, Aspen, CO 81611. Work on the project may begin no ear- lier than April 20, 199B and is to be completed no later than June 1, 1998 Contractors may contact Mr. Fred Mosher at 970 920.2016, ext. 113 to arrange. for a tour through the existing facility. Other questions may be directed to Mr. Gary Ross at The Ross Partnership, P.C. at 970 920- 6980. Published in The Aspen Tlmes on March 21, 28, 1998. Public Notice City of Aspen Invitation To Bid Bid No. 1998 - 317M Sealed bids will be received at the City of Aspen, City Clerk's Office in City Hall, 130 Galena Street until 2:00 p.m., Thursday, March 26, 1998, at which time the bids will be publicly opened and read aloud, for the purchase of vehicles for the City's 1998 Fleet Replacement Program. Complete Bid Packages are available from the City of Aspen, Colorado, for $10.00 per set (non- refundable), or may be viewed at The Aspen City Shop, 1080 Power Plant Rd., Aspen, CO. The City reserves the right to reject any or all proposals or accept what is, in its judgment, the best bid. The City further reserves the right, in the best Interests of the City, to waive any techni- cal defects or irregularities in any and all propos- als submitted. The Bid Proposals and Bid Security must be placed in one envelope securely sealed therein and labeled: "Bid Proposal for CITY OF ASPEN - BID NO. 1998-3FM". Reference Is made to the Instructions to Bidders for the criteria that will be used for judging the successful Bidder. Proposals may not be withdrawn for a period of thirty (30) days after the time fixed for closing them. BY ORDER OF THE CITY OF ASPEN, COLORADO Jack Reid, Meet Manager Published In The Aspen Times on March 14, 21, 1998. 14M 0 0 • • 22-C The Aspen Times • Saturday Sunday, March 21-22, 1998 ' 1 PUBLIC NOTICE RE: PITKIN COUNTY AIRPORT MASTER PLAN PURSUANT TO C.R.S., 37-92-302, AS AMENDED, You are notified that the AMENDMENT AND SPECIAL REVIEW AMEND- following pages comprise a resume of the applications and amended _411111� MENT FOR THE AIRPORT CARWASH applications filed with the Water Clerk for water Division 5 during the month NOTICE IS HEREBY GIVEN that a public hearing of FEBRUARY 1998. will be held on Wednesday, April 22, 1998 at a regular meeting to begin at 3:00 PM before the 12. 98CM022 APPLICATION FOR UNDERGROUND WATER RIGHT OF:KEN KRIZ IN GARFIELD Board of County Commissioners, Plaza One COUNTY, CO Name, address 6 phone of Appllcant:Ken Kriz 0483 Cnty Rd 167 Conference Room, 530 E. Main St., Aspen to con- Glenwood Springs, CO 81601 c/o Billie G. Burchfield Attorney for Applicant sider an application submitted by the 802 Grand Ave, S. 305 Glenwood Springs, CO 81601 (970) 945-8818 CLAIM FOR Aspen/Pltkin County Airport requesting UNDERGROUND WATER RIGHT approval to amend the master plane update Name: Kriz Well No. 1 Legal description: well located in Sec 1, T. 7 S., R. the Airport Layout Plan (ALP). The applicant is 89 W. 6 PH. 4300 ft fir N. sec line i 1700 ft fr E. sec line Sec 1. Source is also Airport La a special review amendment to from underground water trib to Roaring Fork R. Depth of well 38 ft. Date of requesting P approp: Oct. 16, 1986 How approp,,initiated:By construction i beneficial use. relocate the approved, but not yet constructed Date applied to use: Oct 16, 1986 Permit No. 37315-A. Amount claimed: 8 gpm carwash and fueling facility and rental car park- (0.018 cfa), absolute Use: Irr. 1 acre, Domestic 1 dwelling, livestock 6 ing lot to the western end of the intercept park- fire prot. Applicant requests water right be declared as exempt domestic ing lot. The property Is located at the well pursuant to C.R.S. 37-92-602(3)(b)(II)(A) and be awarded its original Aspen/Pitkin County Airport and is described as priority date of Oct. 16, 1986, C.R.S. 37-92-602(4). Name of owner of land a parcel of land located in Section 3, Township where well is located: Applicant (2 pages) 10 South, Range 85 West of 6th P.M. and Sections 27, 28 and 34, Township 9 South, Range 85 West 16. 98CM026 PITKIN, GARFIELD AND EAGLE COUNTIES -THE FRYING PAN RIVER, of 6th P.M. For further information contact TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Basalt Suzanne Wolff at the Aspen/Pltkin Community Water Conservancy District, c/o Dan Kerst, Schenk, Kerst 6 deWinter,302 8'" Development Department (970) 920-5093. Street, Suite 310, Glenwood Springs, CO 81601c/o Scott Belcomb, Lori J.M. Copies of the proposed Resolution are available Satterfield, De' aney 6 Balcomb, P.C. , P.O. Drawer 790GIenwood Springs, CO for public inspection during regular business 81602 Amended Application for Change of water Right and Plan for Augmentation hours in the Office of the Clerk and Recorder, Claim for Change of Water Right: Decreed Name of Structures For which changes 530 East Main Street, Aspen, Colorado 81611. Are Sought: Basalt Conduit. Date Entered: 6/20/58, Case No. W-4613, Court: Phone(970)9205180. Garfield County District Court Decreed Point of Diversion: The decreed Jeanette Jones, Deputy County Clerk headgate and point of diversion for the Basalt Conduit is located on the left Jones, Farris, Chair side of the Frying Pan River in the ME% of the NW% of unsurveyed Section 18, Board of County Commissioners T. 8 S., R. 84 W. of the 6th P.M. at the head of the outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of T. 8 S., R. 84 W. of the 6th Published in The Aspen Times on March 21, P.M. bears N. 79.00' W., a distance of 2,017.1 feet. Appropriation Date: 1998. 7/29/57, Amt.: 450 cfs. Use: Generation of electricity, irrigation, PUBLIC NOTICE domestic, municipal, stock watering, piscatorial and industrial. Proposed RE: ASPEN CONSOLIDATED SANITATION DIS Change: Applicant seeks an alternate point of diversion of the Basalt Conduit TRICT SPA AMENDMENT, SPECIAL REVIEW, in tut of 3.307 cfs (1488.15 gpm), which is the cumulative total of STREAM MARGIN, RESIDENTIAL DESIGN AND diversiheonsamoatnthese described alternate points: Wally N0. ]Well. Located in CONDITIONAL USE REVIEW the Sw� NEj, Section 9, Township 8 South, Range 86 West, 6'" P.M. at a point NOTICE IS HEREBY GIVEN that a public hearing 1500 feet from the North Section line and 1,950 feet from the East section will be held on Tuesday, April 7, 1998, at a meet- line of said Section 9. Amt.: 0.018 cfs Eagle County. Wally No. 2 wail. ing to begin at 4:30 p.m. before the Aspen Located in the SEyNE%,Section 9, Township 8 South Range 86 West, 6" P.M. at Planning and Zoning Commission, Sister Cities a point 1,900 feet from the North section line and 850 feet from the East Meeting Room, City Hall, 130 S. Galena St., section line of said Section 9. Amt.: 0.073 cfs Eagle County. Flatly -go. 1 Aspen, to consider an application submitted b dell' Located in the SF.; MEN, Section 9, Township 8 South, Range 86 West, 6'" pe pP y P.M. at a point 1,650 feet from the North section line and 830 feet from the the Aspen Consolidated Sanitation District East Section line of said Section 9. Amt.: 0.033, Eagle County. TAriter Well. requesting a substantial amendment to the Located in the ME% SW%, Section 30, Township 7 South, Range 87 West, 6th. Specially Planned Area (SPA); to consider a P.M. at a point 1,440 feet from the South Section line and 2,170 feet from maintenance facility and one affordable housing the west Section line of said Section 30.Amt.:0.066 cfs, Garfield County. unit which are both conditional uses in the Qxenbero No. 1 Well. Located in the NEy SE%, Section 32, Township 7 South Public (PUB) Zone District; and to consider a Range 87 West, 6th P.M. at a point 2,000 feet from the South Section line an waiver of the Residential Design Standards. The 557 feet from the East Section line of said Section 32. Ant.: 0.033 cfs property is located at 565 North Mill Street, and Garfield County. @lye Well. Located in the NEk Swy, Section 30, Township is described as a tract of land within the NWl/4 South, Range 87 West, 6th P.M. at a point 1,378 feet from the South Sectio of the SWl/4 of Section 7, Township 10 South, line and 1,979 feet from the west Section line of said Section 30. Amt. Range 84 West of the 6th P.M. For further infor- 0.200 cfs, Garfield County. Qwe11E_.No. 1 Well: Located in the NWy SWk, Sectio mation, contact Chris Bendon at the 11, Township 8 South, Range 87 West, 6th P.M. at a point 1,550 feet from th Aspen/Pitkin Community Development South Section line and 850 feet from the West Section line of said Sectio Department, 130 S. Galena St., Aspen, CO (970) 11. Amt.: 0.033 cfs, Eagle County. Arlian Lot iWell: Located in the NW% SEk 920-5072. Section 33, Township 7 South, Range 87 west, 6th P.M. at a point 1,470 fee s/Sara Garton, Chair from the South Section line and 2,165 feet from the East Section line of sai Aspen Planning and Zoning Commission Section 33. Ant.: 0.033, Eagle County. Arlian Lot 2 Well: Located in the SW Published in The Aspen Times on March 21, SEk, Section 33, Township 7 South, Range 87 west, 6th P.M. at a point 1,31 1998 feet from the South Section line and 1,680 feet from the East Section line o said Section 33. Amt.:0.033 cfa, Eagle County. Arlian Lot 3 Well: Located i PUBLIC NOTICE the SW� SEj, Section 33, Township 7 South, Range 87 West, 6th P.M. at a poin The annual return of The Erdman Family 1,275 feet from the South Section line and 1,800 feet from the East Sectio Foundation is available, at the address noted line of said Section 33. Amt.:0.033 cfs, Eagle County. Arlian Lot 4 Well below, for inspection during normal business Located in the SW; SEy, Section 37, Township 7 South, Range 87 West, 6th P.M hours, by any citizen who so requests within 180 at a point 1,220 feet from the South Section line and 2,225 feet from th days after publication of this notice of Its avail- East Section line of said Section 33. Ant.: 0.033 cfs, Eagle County. KM ability. Wv_U: Located In the NE; SWy, Sedtion 31, Township 7 South, Range 87 West The Erdman Family Foundation 6th P.M. at a point 1,500 feet from the South Section line and 3,450 fee In care of Carl B. Linnecke, CPA from the East Section line of said Section 31. Amt.: 0.033 cfs, Garfiel 215 S. Monarch, Suite 101 county. G _Q_Qa_ iell: Located in the SEj SE%, Section 35, Township 7 South Aspen, CO 81611 Range 88 West, 6th P.M. at a point 920 feet from the South Section line an (970)9251040 970 feet from the East Section line of said Section 35. Amt.: 0.067 cfs The principal manager is Don Erdman, Garfield County. Dma Well: Located in the NW% SEk, Section 28, Township President, Telephone (970) 925-8325. South, Range 88 West, 6th P.M. at a point 1,700 feet from the South Sectio line and 2,100 feet from the East Section line of said Section 28. Amt.:0.03 Published In The Aspen Times on March 21, cfs, Garfield County. classier Lot A Well: Located in the NE Se , Section 3 1998. Township 8 South, Range 87 Nest, 6th P.M. at a point 2,800 0 feet from th PUBLIC NOTICE North Section line and 1,100 feet from the East Section line of said Sectio The 1997 annual return of The Hoffman Family 3. Amt.: 0.056 cfs, Eagle County. illlrtSlBr Lot B Well: Located in the SE Charitable Foundation is complete, and avail- NEB Section 3, Township 8 South, Range 87 West, 6th P.M. at a point 2,75 feet from the South Section line and 800 feet from the East Section line o able for inspection during normal business said Section 3. Amt.: 0.056 cfs; Eagle County. classier ,ot c well: Locate hours at the offices of Janet A. Roberts, 215 So. in the NE% SEA, Section 3, Township 8 South, Range 87 West, 6th P.M. at Monarch Street, Unit 101, Aspen, CO. The report point 2,750 feet from the South Section line and 400 feet from the Eas will be available to any citizen who requests Section line of said Section 3. Amt.: 0.056 cfs, Eagle County. Lgatii W@lj inspection within 180 days after the date of this Located in the SE% SEj, Section 17, Township 8 South, Range 86 West, 6th P.M publication. The address of the foundation's at a point 1,000 feet from the South Section line and 250 feet from the Eas principal office is 100 Terrace lane, Snowmass Section line of said Section 17. Amt.:0.033 cfs, Pitkin County. Valley Well Village, CO 81615. J. Nelson Hoffman, Principle Located in the SE> SES, Section 33, Township 7 South, Range 87 west, 6th P.M Manager. at a point 800 feet from the South Section line and 1,225 feet from the Eas Published in The Aspen Times on March 21, Section line of said Section 33. Amt.: 0.033 cfa, Eagle county. Tysisgr-Weil 1998 Located in the NE` NE;, Section 3, Township 8 South, Range 87 West, 6th P.M at a point 1,000 feet from the North Section line and 100 feet from the Eas Section line of said Section 3. Amt.:0.033 cfs, Eagle County. FujbAflk Well PUBLIC NOTICE Located in the Nw� NW%, Section 35, Township 7 South, Range 88 West, 6th P CITY OF ASPEN at a point 1,200 feet from the North Section line and 1,150 feet from C i INVITATION TO BID West Section line of said Section 35.Amt.:0.066 cfa, Garfield County. ft BID NO. 1998-0FM Hill /1 Well: Located in the NW% NW%, Section 27, Township 7 South, Range 8 West, 6th P.M. at a point 1,250 feet from the North Section line and 600 fee Sealed bids will be received at the City of from the West Section line of said Section 27. Amt.:0.033 cfs, Garfiel Aspen, City Clerk's Office in City Hall, 130Galena County. Reed WeU: Located in the SWj SE%, Section 2, Township a South, Rang Street until 2:00 p.m., Thursday, March 26, 1997, 86 West, 6th P.M. at a point 820 feet from the South Section line and 2, 15 at which time the bids will be publicly opened feet from the East Section line of said section 2. Amt.:0.033 cfs, Eagl and read aloud, for the purchase of One (1) Skid- County. Located in the SW% SF.j, Section 2, Township 8 South, Steer Loader with attachments. Range 86 West, 6th P.M. at a point 440 feet from the South Section line an Complete Bid Packages will be available from 2,800 feet from the West Section line of said Section 2. Amt.: 0.033 cfs, the City of Aspen, Colorado, for $10.00 per set Eagle County. Pinkham Nell: Located in the NWy SEk, Section 2, Township 8 (nonrefundable), or may be viewed at The South, Range 86 West, 6th P.M. at a point 1,515 feet from the South Section Aspen City Shop. 1080 Power Plant Rd., Aspen, line and 1,570 feet from the East Section line of said Section 2. Amt.:0.033 Colorado. cfa, Eagle County. ,L€Wkas. Well: Located in the SWk SE>, Section 2, Township The City reserves the right to reject any or all 8 South, Range 86 West, 6th P.M. at a point 1,280 feet from the South Section line and 2,150 feet from the East Section line of said Section 2. Amt.:0.033 proposals or accept what is in its judgment, the cfs, Eagle County. Altenbernd__Wgjl: Located in the SW>, SEj Section 33, best bid. The City further reserves the right, in 4Township 7 South Range 87 West, 6" P.M. at a point 700 feet from the South the best Interests of the City, to waive any tech- Section line and 1,400 feet from the East Section line of said Section 33. nical defects or irregularities In any and all pro- Amt.: 0.033 cfs, Eagle County. Laura J. 13/14 Well: Located in the NE% SW}, posals submitted. Section 2, Township 8 South, Range 87 West, 6th P.M. at a point 2,630 feet The Bid Proposals and Bid Security must be from the South Section and 2,800 from the East Section Line of said Section placed in one envelope securely sealed therein 2. Amt.: 0.033 cfs, Eagle County. Ifaldorf Well: located in the SW% NW%, and labeled:"Bid Proposal for CITY OF ASPEN- Section 32, Township 7 South, Range 87 West, 6'" P.X., at a point 3,500 feet BID NO.1998-4FM." from the South Section line and 975 feet from the West Section line of said Reference is made to the instructions to Section 32. Amt.: 0.033 cfs, Garfield County. 9bX1,Lt_e1e1t HOA Well: Located Bidders for the criteria that will be used for judg- in the NEk NW;, Section 30, Township 6 South, Range 88 West, 6th P.M. at a point 4,850 feet from the South Section line and 3,400 feet from the East IngthesuccessfulBidder. Section line of said Section 30. Amt.: 0.033 cfs, Garfield County. Proposals may not be withdrawn for a period of Chrlsteleit Well No 1: Located in the NEB NWT, Section 30, Township 6 thirty (30) days after the time fixed for closing South, Range 88 West, 6th P.M. at a point 4,300 feet from the South Section them. line and 3,100 feet from the East Section line of said Section 30. Amt.: BY ORDER OF THE CITY OF ASPEN, COL- 0.056 cis, Garfield County. Rudd Commercial Well: Located in the NEk SEk, ORADO Section 1, Township 7 South, Range 89 West, 6th P.M. at a point 2,450 feet Jack Reid, Fleet Manager from the South Section line and 1,010 feet from the East Section line of Published in The Aspen Times on March 14, 21, said Section 1. Amt.: 0.033 cfs, Garfield County. Yates//McCoy W@ll: Located -'"► 1998 in the SWk SW%, Section 1, Township 8 South, Range 86 West, 6th P.M. at a point 150 feet from the South Section line and 4,150 feet from the East Section line of said Section 1. Amt.:0.033 cfs, Eagle County. craw Eatatga N$11: Located in the ME% SWy, Section 2, Township 8 South, Range 86 West, 6th P.M. at a point 1,500 feet from the South Section line and 2,780 feet PUBLIC NOTICE from the East Section line of said Section 2. Amt.:0.066 cfs, Eagle County. RE: REMAND OF THE SILVER BUILDING PERMIT TeWel Well: Located In the NWj SEk, Section 27, Township 7 South, Range 88 DENIAL. West, 6th P.M. at a point 2,375 feet from the South Section line and 1,960 NOTICE IS HEREBY GIVEN that a pubic hearing feet from the East Section line of said Section 27. Amt.:0.066 cfs, Garfield will be held on Wednesday, April 22. 1998 at a county. t(jSel.pt 5 Wall; Located in the NW% NW%, Section 35, Township 7 regular meeting to begin at 3:00 PM before the South, Range 88 West, 6th P.M. at a point 820 feet from the North Section Board of County Commissioners, Plaza One line and 770 feet from the West Section line of said Section 35. Amt. t 0.033 Conference Room, 530 East Main Street, Aspen, cfs, Garfield county. fills Lot 4 W€11: Located in the SW% NWk, Section 35, to consider the remand of the Silver building Township 7 south, Range 88 west, 6th P.M. at a point 2,000 feet from the permit denial. This remand will consider the North Section line and 465 feet from the West Section line of said Section increase of floor area for other Meadowood lots 35. Amt.: 0.033 cis, Garfield county. Hite ,1.0t 3 well: Located in the Sw% as a result of the Silver case. The Meadowood Mwi, Section 35, Township 7 South, Range 88 west, 6th P.M. at a point 1,550 Subdivision is located on the southeast side of feet from the North Section line and 520 feet from the West Section line of said Section 35. Amt.:0.033 cfs, Garfield county. (JjYgZ,Qt'2 Wpjl,: Located the Highway 82 /Maroon Creek Road intersec- in the SEk NEB, Section 34, Township 7 South, Range 88 West, 6th P.M. at a t ion and can be described as a parcel of land sit- point 1,800 feet from the North Section line and 210 feet from the East uated in Sections I l and 14, Township 10 South, Section line of said Section 34. Amt.:0.033 cfa, Garfield County. Fleathgjj Range 85 West of the 6th Meridian For further ILQke�yell Located in the SW% SWI , Section 8, Township 7 South, Range 88 information or a copy of the staff memo, contact West, 6th P.M. at a point 1,251 feet from the South Section line and 4,624 Joanna Schaffner at the Aspen/Pitkin feet from the East Section line -of said Section S. Amt.:0.223 cfs, Garfield Community Development Department (970) 920- County. AdamnB_1+_elL• Located in the SEj NEk, Section 2, Township 8 South, 5105. Range 86 west, 6th P.M. at a point 1,700 feet from the west Section line and s/Dorothea Farris, Chair 1,700 feet from the West Section line of said Section 2. Ant.: 0.067 cfs, Board of County Commissioners Eagle County. Hy�r_grgell&ommereial Well: Located in the SEA SEA, Section 1, Published In The Aspen Times on March 21, Township 7 South, Range 89 West, 6th P.M. at a point 1,100 feet from the 1998, South Section line and 750 feet from the East Section line of said Section 1. Ant.: 0.033 cfs, Garfield County. Patt4R_We1Ltl91: Located in the SW� NEB, i � 0 • Saturday Sunday, March 21-22, 1998 • The Aspen Times 23-C Invitation to Bid Sealed bids will be received by the City of Aspen, Colorado, at the office of the City Clerk, 130 S. Galena St., Aspen, CO., until 2 p.m., 4/2/98 at which time the bids will be publicly opened and read aloud, for the following City of Aspen Project: Aspen Ice Garden Dehumidification Project Complete bid packages are available on or after Ipm on March 16, 1998, from the City of Aspen - Ice Garden, Aspen, Colorado. Each bid must be accompanied by Bid Security to include a bid bond or certified check made payable to the City of Aspen in the of One per- cent of the Bid. The Bid Security accompanying the three responsive and responsible bids may be held until the Contract is awarded. The Bid Security accompanying the other proposals shall be returned promptly after the bid prices have been compared and evaluated. A pre -bid conference will be held at the City of Aspen - Ice Garden, at 1:00 P.M., on Monday, March 30, 1998. Attendance at the pre -bid con- ference is essential to convey the bidder's ques- tions regarding the plans and specifications to the Engineering Department. The pre -bid con- ference is not mandatory. The City reserves the right to reject any or all Bids or accept what Is, in its judgment, the Bid which is the City's best interest. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregular- ities in any and all Bids submitted. The Bid and Bid Security must be placed In one envelope securely sealed therein and labeled: "City Project Number 98-007" for "Aspen Ice Garden Dehumidification Project', and addressed to: City of Aspen Office of the City Clerk 130 South Galena Street Aspen, Colorado 81611 In addition to price, the criteria set forth in the Instruction to Bidders and any specific criteria listed in the bid documents may be considered in judging which Bid is in the of the City. No bid may be withdrawn within a period of sixty (60) calendar days after the date fixed for opening bids. By: Kathryn Koch City Clerk Published in The Aspen Times March 14, 21, 1998. COUNTY COURT, PITKIN COUNTY, COLORADO Case No. 98C18 ORDER FOR PUBLICATION AND CHANGE OF NAME IN THE MATTER OF THE PETITION FOR THE CHANGE OF NAME OF: Roger Dean Barnett, Petitioner. ORDER FOR PUBLICATION The Court having read and considered the Petition for Change of Name and the petitioner's affidavit, and the Court being sufficiently advised, FINDS: That the allegations made in said peti- tion and affidavit satisfy all statutory require- ments; AND THE COURT FURTHER FINDS: That the desired change of name is proper and not detri- mental to the interests of any other person. IT IS THEREFORE ORDERED: 1. That pursuant to statute, petitioner shall give public notice of such change of name by publication of Public Notice three (3) times in The Aspen Times, a legal newspaper, published in said county. This publication is to be made within 20 days of the dale of this Order. Proper proof of publication shall be filed with the Clerk of the Court upon final publication. 2. That upon proof of publication being filed with the Clerk of the Court, the name of Roger Dean Barnett will be changed to Scotty Jeromy Lee, DATED: March 11, 1998. Fitzhugh Scott, III County Judge Glenita Melnick, Clerk Published In The Aspen Times on March 21, 28, arid April 4, 1998. DISTRICT COURT, COUNTY OF PITKIN, COLORADO Case No. 98 PR 7, Division 3 NOTICE OF HEARING IN THE MATTER OF THE DETERMINATION Ot HEIRS OR DEVISEFS OR BOTH, AND OF INTER- ESTS IN PROPERTY OF WILLIAM J. DAVIS, Deceased To: Inga L. Davis, 102 Fairway Drive, Anniston, Alabama 36201; Ellen Davis Saint, 2330 Jonila Avenue, Lakeland, Florida 33803; Thomas A. Davis, 1613 Lanark Place, Birmingham, Alabama 35223. A Petition, a copy of which accompanies this notice, has been filed alleging that the above Decedent died leaving the following real proper- ty situate in the County of Pilkin, Stale of Colorado, to wit: Condominium Unit 202, Building J. Crestwood Condominiums, according to the Supplemental Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book 4 at Page 141, and as defined and described in that Condominium Declaration for Crestwood Condominiums, appearing in such records in Book 245 at Page 8.38. as supple- mented by the Supplemental Condominium Declaration for Crestwood Condominiums appearing in such records in Book 252 at Page 107, commonly referred to as 400 Wood Road, Unit 3202, Snowmass Village, Colorado 81615. The Hearing on the Petition will be held at the following time and location or at a later date to which the Hearing may be continued: Date and Time: Tuesday, April 28. 1998, at 9:00 o'clock a.m. Address: District Courtroom Pitkin Courthouse 506 East Main Street Aspen, Colorado 81611 You must answer the Petition within 20 days after service of this notice if personal service occurs within Colorado, or within 30 days after service of this notice if personal service occurs outside Colorado or if service occurs by mail. Within the time required for answering the etition, all objections to the Petition must be in riting and filed with the Court and the filing fee ust be paid. The Hearing shall be limited to the etition, the objections timely filed and the par- ties answering the Petition in a timely manner. Dated on February 20, 1998. STEPHEN R. CONNOR. P.C. Attorney for Petitioner, 323 West Main Street, Suite 301, Aspen, Colorado 81611, (970) 925- 1275. Attorney Registration No. 7773. (This pleading conforms in substance to the current version of the approved form number 57B.) Published in The Aspen Times March 7, 14, 21, 1998. DISTRICT COURT, PITKIN COUNTY. COLORADO NOTICE TO CREDITORS Case No. 98 PR 9 Estate of TAMARA MARION MERZBACH, Deceased. All persons having claims against the above - named estate are required to present them to the undersigned or to the District Court of Pitkin County, Colorado, on or before the 14th day of July, 1998, or said claims shall be forever barred. Ralph Eric Merzbach, 12251 Huston Street, Valley Village, CA 91607. (818) 762-5992. Published in The Aspen Times March 7, 14, 21, 1998. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkin County, Colorado, will consider the following Resolution at the Board's regular meeting on February 25, 1998 at 3:00 P.M., Plaza One Meeting Room, Plaza Building, 530 E. Main Street, Aspen, at which time and place all members of the public may appear and be heard: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE: HARDY SUBDIVISION FINAL. PLAT Copies of the proposed Resolution are available for public inspection during regular business hours in the Office of the Clerk and Recorder, 530 East Main Street Aspen, Colorado 81611. Phone (970) 920-5180 Jeanette Jones, Deputy County Clerk Published in The Aspen Times on March 21, 1998. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkin County, Colorado, will conduct a public hearing on the below -described Formal Resolution at 2:00 p.m. (or as soon thereafter as the conduct of busi- ness will allow) at the Board's regular meeting on April 8, 1998, at the Pitkin County Courthouse Annex, Commissioners' Meeting Room, 530 E. Main Street, Aspen, CO 81611. All interested par- ties are invited to attend and be heard. A FORMAL RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO. APPROVING AND ADOPTING AMENDMENTS TO THE LEASE AND USE AGREE- MENTS BETWEEN THE COUNTY AND NORTH- WEST AIRLINES, INC.. AND MESA AIRLINES, INC., RESPECTIVELY, FOR THE OCCUPANCY AND USE OF THE AIRLINE TERMINAL AND FACILITIES AT THE ASPEN/PITKIN COUNTY AIRPORT; AND SETTING A PUBLIC HEARING THEREON SUMMARY OF FORMAL RESOLUTION I. Pitkin County, a Colorado home -rule county, through the Board of County Commissioners (the "County") is the owner, sponsor and opera- tor of the Aspen/Pitkin County Airport, located in the vicinity of Aspen, Colorado, and has the authority to regulate commercial activities and to lease and license space at the Airport, and; 2. Mountain Air Express, Inc. has been pur- chased by a third party and no longer provides airline services at the Airport and Is no longer able to provide ground handling services at the Airport, and; 3. Northwest Airlines, Inc. and Mesa Airlines, Inc. are willing to lease such space as is neces- sary to continue their respective operations, and; 4. These Airlines, if offered such space, are will- ing to amend their Agreements, and; 5. In response to the foregoing circumstances, the County and Northwest Airlines, Inc. And Mesa Airlines, Inc., respectively, have reached agreement on the amendments of the Lease and Use Agreements to meet the needs of the Airport and the Airlines; and 6. On the recommendation of staff the approva. and adoption of these amendments to the County/Airline Agreements are in the best inter- ests of the residents of and visitors to Pitkin County. Published in The Aspen Times on March 21, 1998. State of Colorado NOTICE OF PUBLIC HEARING Sponsored by The Rehabilitation Advisory Council (RAC) Division of Vocational Rehabilitation (DVR) We want public input about the needs and pri- orities for new or expanded vocational rehabili- tation and Independent living services. We invite person's with disabilities, their families and friends, advocacy groups and interested profes- sionals to attend our public meetings and pro- vide comment on the Division of Vocational Rehabilitation's State Plan and Strategic Plan. The 1999 Plan will focus on supported employ- ment services and services to individuals with the most severe disabilities. Your local rehabili- tation office can give you more information about these areas. Hearing times, dates and locations are as to] - lows: Colorado Springs Doubletree Hotel Colorado Springs World Arena April 7, 1998 Colorado Springs Ballroom 4.00 - 6:00 PM 1775 E. Cheyenne Mountain Colorado Springs, CO Grand Junction City and County Auditorium April 8, 1998 250 N. Sth Street 3:00 - 5:00 PM Grand Junction, CO Denver Denver Central Public Library April 14, 1998 Conference Center A 4:00 - 6:00 PM 10 W. 14th Avenue Parkway (14th & Broadway) Denver, CO Ft. Collins Lincoln Center April 16. 1998 Ludlow Room 4:(H) - 6:00 PM 417 West Magnolia Fort Collins, CO Printed copies of this year's State and Strategic Plan submittals are available for review in all local offices of the Division of Vocational Rehabilitation; braille copies can be obtained from the State Office. An American Sign Language (ASL) Interpreter will be present at the Hearings. Requests to accommodate special needs must be submitted to the State Office of Vocational Rehabilitation at 110 16- Street, 2nd Floor, Denver, CO 80202, Attention: Debbie Powell prior to the scheduled Public Hearing. Those persons who are unable to attend or who do not wish to speak publicly may submit written comments by May 1, 1998 to: Annette D'Amico; Policy, Planning, Research & Evaluation Unit; Division of Vocational Rehabilitation, 110 I6th Street, 2nd Floor, Denver, CO 80202. The mission of the Division of Vocationall Rehabilitation is to assist individuals whose dis- abilities create barriers to employment or inde- pendent living tp obtain or maintain employ- ment and live independently. Published in The Aspen Times March 21, 28 and April 4, 1998, NOTICE OF PUBLIC TRUSTEE SALE Public Trustee No. 98-5 To Whom it may Concern: This Notice is given with regard to the following described Deed of Trust: Grantor (Borrower): Ray Dibacco and Marti Dibacco Original Beneficiary: National Mortgage Corporation Current Owner of the Evidence of Debt: The First National Bank of Chicago, as Trustee Date of Deed of Trust: May 30, 1996 Recording Date of Deed of Trust: June 5, 1996 Original Principal Amount of Evidence of Debt: $348,000.00 Outstanding Principal Amount of Evidence of Debt as of the date hereof: $345,988.00 County of Recording: Pitkin Book and Page No. or Reception No. of Recorded Deed of Trust: at Reception No. 393365 Legal Description of Real Properly: LOT 6, BLOCK 9, ELK RUN PLANNED UNIT DEVELOPMENT, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 31, 1993 1 N PLAT BOOK 32 AT PAGE 56. COUNTY OF PITKIN, STATE OF COLORADO. WHICH HAS THE ADDRESS OF 965 LUPINE CIR- CLE, BASALT, CO 81621 THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN The First National Bank of Chicago, as Trustee, the owner of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provid- ed by law and in said Deed of Trust. THEREFORE, Notice is Hereby Given that 1 will, at 10:00 o'clock in the forenoon of Wednesday April 8, 1998 , at the South front door, Pitkin County Courthouse, 506 East Main, Aspen, Colorado, sell at public auction to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other Items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. THE LAW FIRM OF CASTLE & CASTLE, P.C. IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated February 18, 1998. Thomas Carl Oken, Public Trustee in and for the County of Pitkin, Colorado. by Carol L. Foote. Deputy. First Publication: February 28, 1998 Last Publication: March 28, 1998 Name of Publication: The Aspen Times Attorney: Castle & Castle, P.C. Caren Jacobs Castle 1099 18th - Suite 2300 Denver, Colorado 80202 (303) 296.5251 Published in The Aspen Times February 28, March 7, 14, 21, and 28, 1998. PUBLIC NOTICE RE: 950 MATCHLESS DRIVE CONDITIONAL USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 7, 1998 at a meet- ing to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Alan Becker of P.O. Box 119, Woody Creek, CO, requesting approval to construct an accessory dwelling unit above the existing garage. The fol- lowing variances are requested: a variance of 7 feet on the combined sideyard setbacks, a height variance to 18 feet. The property is locat- ed at 950 Matchless Drive, and is described as Lot 4A, Dunn/Bishop Lot Split. For further infor- mation, contact Amy Guthrie at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5096. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in The Aspen Times on March 21, 1998. PUBLIC NOTICE RE: ASPEN VILLAGE, INC. EXTENSION OF VEST- ED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, April 22, 1998 at a regular meeting to begin at 3:00 PM before the Board of County Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen to con- sider an application submitted by Aspen Village, Inc. requesting an extension of vested rights. The property is located on the southwest side of the intersection of State Highway 82 and Watson Divide Road, and is described as a parcel of land situated in Sections 1, 2 and 12 of Township 9 South, Range 86 West of the 6th P.M. For further information contact Tamara Pregl at the Aspen/Pitkin Community Development Department (970) 920-5103. Copies of the pro- posed Resolution are available for public inspec- tion during regular business hours in the Office of the Clerk and Recorder, 530 East Main Street, Aspen, Colorado 81611. Phone (970) 920-5180. Jeanette Jones, Deputy County Clerk s/Dorothea Farris, Chair Board of County Commissioners Published in The Aspen Times on March 21, 1998. PUBLIC NOTICE RE: ASPEN CONSOLIDATED SANITATION DI TRICT GMQS EXEMPTION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 7, 1998, at a meet- ing to begin at 5:30 p.m. before the Growth Management Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to con- sider an application submitted by the Aspen Consolidated Sanitation District requesting an exemption from the scoring and competition procedures of the Growth Management Quota System for essential public facilities and one affordable residential unit. The property is locat- ed at 565 North Mill Street, and is described as a tract of land within the NWI/4 of the SWl/4 of Section 7, Township W South, Range 84 West of the 6th P.M. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in The Aspen Times on March 21, 1998. PUBLIC NOTICE PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkin County, Colorado, at its regular meeting on March 11, 1998 after a duly -noticed public hearing, adopted the following Resolution. To make Revisions to the Pitkin County Personnel Policies And Procedures Manual Copies of the full text of the Resolution are available for public inspection from 8:30 am. to 4:30 p.m. in the office of the Clerk and Recorder, 530 East Main, Aspen, Colorado 81611 Phone 970-920-5180. Jeanette Jones, Deputy County Clerk Published in The Aspen Times on March 21, 1998. .a • 0 24-C The Aspen Times • Saturday Sunday, March 21-22, 1998 CLA551FICATION5 real estate- out of area real estate- Aspen real estate- downvalley neat estate wanted commercial RE- Aspen commercial RE- downvalley mobile homes manufactured homes classic vehicles 4wd vehicles foreign vehicles domestic vehicles motorcycles vehicle accessories recreational vehicles boats airGraft heavy equipment barter/ trade miscellaneous for sale furniture & appliances office furniture/ supplies musical instruments computers and electronics bicycles for sale skis and snowboande sports/recreation art & antiques auctions wanted to buy business opportunities animals for rent commercial- Aspen for rertt commercial- dowmalley for rent residential for rent downvalley roommate- Aspen roommate- downvalley vacation/ short term rentals exchanges wanted to rent help wanted- Aspen help wanted- downvalley situation wanted housesitters available services musicians and bands music supplies/ services lost & found workshops, Glasses, clinics health seMces support groups- Aspen support groups- downvailey fellowship community service meetings announcements auditions transformation healing arts personals singles garage sales- Aspen garage sales- downvalley CLASSIFIED WORD AD5: $5,60 minimum for 12 words, 50 cents per worzi thereafter. the first two words appear in all caps without extra charge. Thereafter, all cape equal 2 words. 1/2 PRICE DISCOUNT: Get 1/2 off on The Aspen Timer, Weekly edition if you run the same ad 3 or more tlmes in the daily edition. Boxed ads and cla55ifled Display ads included. CLA551FIED 015PLAY_A05 $12 minimum for 15 words, 60 centf, per word thereafter. This includes a bold, centered heading, larger print, border ar,:' placement. Additional 1-worn charge for extra bold words, extra centered jims, all caps, bullets, or line Space. READLINE: Tuesday at 5 p.m. All classifieds are prepald, unless you have an active corh- mercial account to which the ad can be billed. Mastercard and Visa accepted. There 15 a $5.60 minimum charge and minimum credit/refund, per ad, on Visa, MasterCard or house charges. Cash refunds must be picked up within 60 days of ad cancellation date. CORRECTION5 Fiea5e check your ad carefully the first time it appears. in the event of an error, the Aspen Times will not assume responsibility for more than one incor- rect insertion. We are not rcoponoible for any ads which continue running more than one week after termination by the advertiger..The publisher reserves the right w properly classify, edit, revise or reject any or all advertising: Mail to the Aspen Timer,, 310 East Main Street, Aspen, Co e,1611. Attn: Classified, Phone: (970) 925-3414. Fax: (970) 925-6240. Outofkea $49,000, 63 ACRES, RUSTIC recently built cabin, 15 miles south of Gunnison, well permit, spring rights, BLM 3 sides, seasonal access, quiet, private, 928- 1573, 925-8677. (3/19-23; 1 2cc) 50 + ACRE HORSE RANCH NEAR HOTCHKISS- Picturesque property close to the confluence of the Gunni- son and North Fork Rivers. Well irrigat- ed with year round decreed water and 3 adjudicated ponds. Quality improve- ments include 2100 +/- sq. ft., 3 bed- rooms, 1- 3/4 bath colonial house fea- turing wood plank floors; open and spa- cious customized kitchen, formal dining room, 2 fireplaces. Also includes 2 bed- room guest house; 4 bay garage, sepa- rate garage/ office, and extra nice horse pavillion barn with 8 stalls and enclosed hay loft. Must be seen to be appreciated. $399,500. Call Bob Lario at RE/MAX Mountain West, Toll Free: 888- 374-7756. (12cc) ALASKA: 110 ACRES in Matanuska Valley, Knik Arm. Invest now and wait for the Greenhouse Effect to make it worth millions. $200,000. Su Lum, 925- 7839. 925-7839. PO Box 1571, Aspen, CO 81612. ADOPT A PET! CALL 544-0206 0 00ofA= BASE OF GRAND MESA- Just north of Cedaredge, this spectacular 17 1/2 +/- acre property features over 1/4 mile of frontage on a major steam. Fenced and cross -fenced with good irrigation, pas- tures and small "family orchard". Includes 2 homes- one a magnificent redwood and moss -rock sided 3600 +/- sq. ft. contemporary rancher with fin- ished walk out garden level included in the square footage; the other home is a neat & clean 3 bedroom guest home. Extensive decking and large windows make the stream a major feature. Also includes living room and master bed- room fireplaces in main house. $478,000. Call Bob Lario at RE/MAX Mountain West, Toll Free: 888- 374- 7756. ( 12 c c ) BY OWNER IN BATTLEMENT MESA - excellent large family home; 3br, 3ba, 2 car garage, beautiful yard and location. Golf course and health club, $159,000. 285-9376. (10 -1 2 p) BY OWNER; Sunny Paonia, Beautiful home. 3200 sq. ft. on 5.4 acres, 3BR, 3ba. Wonderful views. 70 from Carbon- dale. Asking $248,500. Will consider offer. 945-4272 or (970) 527-4670. ADOPT A PET! CALL 963-3858 Real Este agofAm HISTORICAL PAONIA- Circa 1905 gra- cious Victorian brick home with 16 irri- gated acres located on southern exposed mesa overlooking Paonia and the magnificent West Elk Mountains. Excellent views, privacy, seclusion and great southern exposure are predomi- nant features, not to mention mature landscaping with shady lawn, pond, underground sprinkling, well irrigated hay field, 2 water taps and a 4 car garage. A special property for $395,000. Call Bob Lario at RE/MAX Mountain West- Toll Free 1-888- 374- 7756.(12cc) MOAB GETAWAY- Close to town and Portal on the way to Kane Springs and Amasa back on one acre. Nearly new home and garage. Price; $130,000. Call Janie at Paradise R.E. (435) 259- 2650. (3/16-4/10;12-15cc) RIVERFRONT 15 ACRE Gentleman's Ranch. Water rights, mature shade trees, spring fed pond, 2BR house cur- rently rented for $500/ month, close to town of Paonia, yet private, and priced to sell quickly at $219,950. Call 923- 6828. SMALL HOUSE In Paonia on a very nice, large lot. Conveniently located and private. Fixer-uper, or live in as is. 159,500. 923-6828. STUNNING VIEW! Very exclusive neighborhood. See on the Internet! Approximately 6 acres, 14 x 67 2BR mobile, water, electricity, access, propane, septic, and more. MEANT FOR BUILDING. Crawford, CO. (970) 921-6231 needle@cyberport.net www.cyberport. neVcolorado_ real_esta te/ for details. F S. B. O. ( 1 2 c c ) WHY NOT BOULDER? City and mountain views, 1/2 acre, 4 bedrooms, 1 level, $530,000. Sharon Rouse, Mock Realty, (303) 497-0630. (3/ 2- 27;10-13 cc) �r.r iYi $83,000- $127,500- BEAUTIFULLY FURNISHED Aspen Condos. Ski in, ski out, pool, jacuzzi, great views and more! Not a timeshare. Aspen Central Properties, 925-7301. (3/18-30:12-13c) Advertise with the Best AR a%SW"PW1E oa sccna+ MN& To place your classified call 925- 3430, fax us at 925-6240 or come by our offices at 310 East Main Street. WAGAR ASSOCIATES n. W.n.tl.a.l inl "S" N.,­k AFFORDABLE HOUSING DEVELOPMENT OPPORTUNI- TY with free market units between Centennial amd Hunter Creek Commons. Rare one acre in city, RMF A zoning allows 13.703 square feet FAR above grade. Ajax, Tiehack, Sopris views surrounded by protected open space. 70- 30 formula with AH rezoning avoids GMQS. RO restriction (but no caps). OR, BUILD 5540 SQUARE FOOT DUPLEX WITH ADU'S (free market). Potential for later land sale to recover cost. Call MAXWELL ALEY (970) 925-5376 or 920-3131 (3/18-20; 1 2p) ASPEN MOUNTAIN views. Stunning, 4br/ 3ba home. $1,025,000. Peckham and Company, 925-6027. (1/27;5tfc) PUBLIC NOTICE RE: ASPEN CONSOLIDATED SANITATION DISTRICT SPA AtMENDMENT, SPECIAL REVIEW, STREAIM NIARGIN, RESIDENTIAL DESIGN AND CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 7, 1998, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Consolidated Sanitation District requesting a substantial amendment to the Specially Planned Area (SPA); to consider a maintenance facility and one affordable housing unit which are both conditional uses in the Public (PUB) Zone District; and to consider a waiver of the Residential Design Standards. The property is located at565 North Mill Street, and is described as a tract of land within the -NW 1/4 of the SW 1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072. s/Sara Garton. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March-2 1. 1998 City of Aspen Account PUBLIC NOTICE RE: ASPEN CONSOLIDATED SANITATION DISTRICT GMQS XENT IPTION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 7, 1998, at a meeting to begin at 5:30 p.m. before the Growth Management Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Consolidated Sanitation District requesting an exemption from the scoring and competition procedures of the Growth Management Quota System for essential public facilities and one affordable residential unit. The property is located at 565 North Mill Street, and is described as a tract of land within the NW1/4 of the SW1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March ? 1, 1998 City of Aspen Account 0 0 lv� 4Z4,1 1 4� - o.. E,�5t F qPe., �ba� 61 1 • W =,I a �u. �{cIg �.kt ye z�rv.�k+wl �_�acwltg WW-je old, �,,•}- ,n�+�i�- (40 �c Y(q&M r • • MEMORANDUM TO: Plans were routed to those departments checked -off below: 4........... City Engineer ........... Zoning Officer Housing Director ........... Parks Department 41 ........... Aspen Fire Marshal 40 ........... City Water (A) .......... Aspen Consolidated Sanitation District A#w.-- -.-Building Department #........... Environmental Health O ........... Electric Department O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning FROM: Chris Bendon, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone 920.5090 Fax 920.5439 RE: Aspen Consolidated Sanitation District Substantial SPA Amendment DATE: February 13, 1998 W"O.7x. 146114m* am DRC MEETING DATE:(note new time:1:30-3:00) February 18, 1998 SECOND DRC MEETING DATE (if necessary) February 25, 1998 OTHER REFERRALS DUE TO ENGINEER & PLANNER: February 25, 1998 ENGINEERING REFERRAL DUE TO PLANNER: February 27, 1998 Thank you, Chris. • Street. 8. Air/Water/Land Resources. No significant impact upon the community's air and water quality is anticipated as a result of the proposed development. No wood burning devices are to be included in the building. Stormwater runoff will be detained in compliance with the City's regulations. a 9. Energy Conservation., -,,'The addition to the building will be designed to enhance energy conservation. All building insulation will meet or exceed applicable requirements. The asibility of utilizing high performance glass (e.g., low "E" ) and advanced mechanical systems (e.g., modular boilers) i 1 currently being investigated. Internal lighting systems will be / task oriented and low consumption water fixtures will be utilized / throughout the building. All plumbing and ductwork will be insulated. In summary, no adverse effect upon the community's -------------- energy resources is anticipated as a result of the proposed development. CJ Q 10. Visual Compatibility. The building will provide in- door storage and a maintenance area for equipment. The elevations show there will be minimal visual impacts. The building will look more attractive then equipment stored outside. Growth Management Quota System Exemption for Affordable Housing The Community has a documented need for additional affordable 23 line serving the site and a sanitary sewer line. All costs associated with obtaining sufficient water and sewer service will be borne by the Applicant. S. Drainage. The proposed development's storm drainage system has been designed to maintain historic flow rates with respect to surface water runoff and groundwater recharge. Figure 7 shows that foundation and roof drains will carry water from the site improvements to a storm water detention area on the north side of the property. Q:jw It 1 6. Fire/Police P otection. Fire protection will be provided by the Aspen Volunteer Fire Department. The project site is located less than six (6) blocks from the fire station, resulting in a response time of approximately three (3) to five (5) minutes. Police protection will be provide by the City's Police Department. The Department is headquartered in the Pitkin County Courthouse which is located approximately three (3) blocks ]southeast of the project site. 7. Solid Waste. Solid waste generated by the proposed development will be deposited into an appropriately sized dumpster to be located in the building's service area. Vehicular access to the area for collection by United Waste Systems Incorporated will be provided via the parking garage's main access drive off Mill 22 June 18, 1997 Tom Bracewell, ACSD Tom, Thanks for coming in to discuss your plans for expansion. I have attached a pre - application conference summary outlining the requirements for submittal. You may request a combined conceptual and final review, but I recommend a full four step process for the PUD. This will allow you to respond to issues raised in conceptual review before the final review. The process is generally cleaner and simpler. It is, however, longer and can be more expensive. As we talked about in our meeting, the Parks Department is in the process for a similar approval. They contracted a Planner, Engineer, and an Architect for the submission. You should talk with Becca as to how this helped her and the estimated costs. If you are planning on breaking ground in the 1998 season, I encourage you to have full land use approval by early March. This will allow you to submit for a building permit and be ready to go by early May. I have outlined a rough schedule below for your consideration. Now - Sept. Prepare Application Sept. 20. Submit for Conceptual (steps 1 and 2) Oct. 30 Conceptual PUD - P&Z Nov. 30 Conceptual PUD - City Council, public hearing December Respond to conceptual approvals and prepare final application Jan. 1 Submit for Final (steps 3 and 4) Feb. 10 Growth Management Commission, public hearing Feb. 10 Final PUD, Cond. Use, Special, Res. Design - P&Z, public hearing March 10 Final PUD, Growth Mgmt. Exemption - City Council, public hearing March 15 Submit for building permit May 1 Receive building permit and break ground There are many requirements in the PUD section of the Code, feel free to call me about them. Also, if you do decide to hire a consultant, it would be good to have that person meet with me about the process. Chris Bendon, City Planning M CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 6.18.97 PROJECT: Sanitaion District Expansion REPRESENTATIVE: OWNER: Tom Bracewell 925.3601 TYPE OF APPLICATION: 4-step: Conceptual and Final PUD, GMQS exemption, conditional use, special review, Stream margin exemption DESCRIPTION: Expansion of essential public facilities, offices, possible housing mitigation Land Use Code Section(s) 26.28.250 Public Zone District 26.32 Off -Street Parking 26.58 Residential Design Standards (if housing is proposed) 26.60 Conditional Use 26.64 Special Review 26.68.040 Stream Margin Review (exemption) 26.84 Planned Unit Development 26.102.040 Commercial Growth Management Exemptions 26.102.060 Growth Management Standards for employee generation Review by: Growth Management Commission for recommendation to Council (public hearing) P&Z for PUD, Conditional Use, Special Review, and res. design waiver. (public hearing) City Council for PUD, Growth Management Exemption (public hearing) Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Housing, Environmental Health, Parks, Zoning, Fire Marshall, Water, ACSD Planning Fees: Planning Deposit Minor ($2160) (additional hours are billed at a rate of $180/hour) Referral Agency Fees: Engineering, Minor ($110); Housing, minor ($70); Env. Health, minor ($155) Total Deposit: $2,495 (x2 for Conceptual and Final) To apply, submit the following information: 1. Proof of ownership 2. Signed fee agreement 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. �30 Copies of the complete application packet and maps. (contact Planner before submitting) HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 10. For Residential Proposals (Ord. 30): a) Neighborhood block plan at 1"=50' (available from City Engineering Department) Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed, and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography of the subject site with 2' contours. c) All building elevations at 1/8" = 1'-0. d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not meet the "Primary Mass" standard. e) Photographic panorama. Show elevations of all buildings on both sides of the block, including present condition of the subject property. Label photos and mount on a presentation board. 11. List of adjacent property owners within 300' for public hearing. 12. Copies of prior approvals Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ` • • MEMORANDUM TO: Aspen City Council THRU: Ron Mitchell, Acting City Manager FROM: Steve Burstein, Planning Office AK RE: Aspen Consolidated Sanitation District SPA Amendment and GMP Exemption for Essential Public Facilities Parcel ID #2737-073-00-004 DATE: June 16, 1986 LOCATION: 565 N. Mill Street ZONING: Publ is APPLICANT'S REQUEST: The applicant requests approval to build a 4,154 square foot administrative and storage facility attached to the existing office building at 565 N. Mill Street. An SPA development area of approximately 32,200 square feet has been delineated to contain the project. There are three main compo- nents of the building: Office Space (1,026 sq.ft.); 2-Bay Vehicle Storage (1,564 sq. ft.); and, a 2-Bay Carport for future enclosure (1,564 sq. ft.) . Also proposed within the planning area are two buried fuel tanks and fueling island, paved areas for parking and circulation, landscaping and undergrounding of existing utilities. APPLICABLE SECTIONS OF THE CODE: The administrative and office facility is eligible for a growth management competition exemp- tion pursuant to Section 24-11.2(e) for essential public facili- ties. The applicant must demonstrate that a proposed facility " . . . meets an essential governmental purpose, provides facili- ties in response to the demands of growth and is not itself a growth generator, is available for use by the general public, services the needs of the local community and is a not -for -profit venture." Impacts to be mitigated include " . . . those associ- ated with the generation of additional employees; the demand for parking, road and transit services; and the need for such basic services as water supply, sewage treatment, drainage control, fire and policy protection and solid waste disposal." All of the area and bulk requirements in the public zone district are set according to Section 24-3.4 by an adopted plan for a Specially Planned Area (SPA) . Section 24-7.7 states the review criteria by which the precise plan shall be reviewed, including 1 • most importantly : " ( 1) Whether the proposal i developments in terns of use, space, landscaping and other features . . . compatible with neighboring density, height, bulk, open site and architectural design (2) Whether sufficient utilities and roads exist to service the intended development. (4) Whether the applicant has creatively employed land planning techniques such as setbacks, clustering, screening, buffering and architectural design to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. (5) Whether the proposal is in compliance with the Aspen Area General Plan." Each of these items are addressed below under Staff Comments on the proposal. BACKGROUND: The existing office building which contains two (2) employee units on the second floor was built in 1976. In 1981, an SPA plan was approved for the construction of a four unit employee housing project in the northwest portion of the pro- perty. The sewage treatment facility was abandoned in 1983 and dismantled and/or covered up in 1985. The Aspen Consolidated Sanitation District submitted an applica- tion for a maintenance facility and employee housing on this site in February, 1986. However, upon P&Z ' s recommendation for denial of a Code amendment allowing maintenance facilities and employee housing zone district as conditional uses; the applicant submit- ted an amended application in April. Council adopted an Ordi- nance on May 27 1986 making these conditional uses in the Public _ zone district, but the applicant still prefers to go forward with is alternative request. PROBLEM DISCUSSION: A. Referral Comments: 1. Engineering Department - In a memorandum from Jay Hammond dated April 15, 1986 (Attachment B) the following comments were given: a. There is a narrow undefined parcel abutting Mill Street that may be in County ownership. The applicant should verify the ownership of the land and obtain an appropriate easement to accommodate 0 2. the proposed driveway. b. The proposed SPA boundary should be defined by a metes and bounds description. The area f or the f oundati on dra in routing should be deleted f rom the described SPA. C. The proposed site is not within 100 feet of the floodplain and, therefore, no Stream Margin Review is required. The Engineering Department recom- mends testing by a geotechnical engineer to verify the design relative to the groundwater conditions on the site. There do not appear to be any other geological hazards. d. The site is under consideration as a potential location for a City Street Department facility; however, preliminarily it appears to be unsuitable. The Engineering Department is not recommending that the proposal be put on hold until other studies are completed. Environmental Health: In a memorandum from Tom Dunlop dated March 27, 1986 (Attachment C) the following concerns were discussed: a. Oil and grease from the storage facility bays should be contained by sand traps similar to those found in a service station. In a May 1, 1986, memorandum Mr. Dunlop added that the proposed sand traps discussed by the applicant are in confor- mance with the policies of the Environmental Health Department. b. The Colorado Health Department and U.S. Environ- mental Protection Agency should be contacted with regard to the location, sizes, type, etc. of the proposed fuel tanks. General criteria dictate that the tanks must not corrode, must be com- patible with the material they contain, and are structurally sound. C. If windblown dust becomes a source of complaints during construction, the applicant must initiate remedies such as watering, chemical dust suppres- sion and fencing. Prompt revegetation and use of pavement will provide long-term dust control. 3. Water Department: In a March 11, 1986 memorandum from Jim Markalunas (Attachment D) , it is stated that water will be available to the facility from existing water mains. 3 4. Housing Authority: In a March 11, 1986 memorandum from Ann Bowman (Attachment E) it is pointed out that there are currently twelve (12) employees of the Sanitation District. Verbally Ms. Bowman stated that the Housing Authority accepted that no new employees would be generated by the proposal. B. STAFF COMMENTS: The Planning Office has the following comments about the Sanitation District proposal: 1. Essential Public Facilities: In order to be eligible for an exemption from the Growth Management Quota System, the applicant must demonstrate that the proposed project is an essential public facility and that the impacts of the project will be mitigated. The applicant has argued that the project is necessary for the efficient operation of the Sanitation District. More office space is needed as the present quarters are somewhat cramped, and indoor storage space is necessary for pipe and vehicles that are used almost exclusively in the Aspen Area. Mr. Kuhn stated that the Hog Pastures Treatment Plant site next to the Airport Business Center is approximately four (4) miles from Aspen and this site is too small for expansion. If the facility were located at Hog Pastures, the eight (8) mile round trip is costly, and emergency response time for the lines in the City of Aspen would be unaccept- ably slow according to Mr. Kuhn. As mentioned by the City Engineer, the City Streets Department is in need of additional facility space, and a study is under way to evaluate alternative sites. Furthermore, it has been suggested that facilities in the entire Aspen/Snowmass area should be consolidated. While there may be many advantages to such a consolida- tion of city, county and special district facilities, there is no accepted plan to accommodate this develop- ment program. At the present time, the only reasonable site is the County location next to the bus maintenance facility, which will not serve the ACSD needs. The Planning Office believes it is inappropriate to delay the Sanitation District project until other entities develop their maintenance and storage facilities plans. The Planning Office believes that the proposed project appears to be necessary and does qualify for the Essential Facilities GMP Exemption. Mitigation of the impacts of the project will be discussed below, incorporated into the SPA plan review. 2. Compatibility with Surrounding Land Uses: To the south of the project are the Stephan Kaelin building and Mill 4 Street Venture in the Service/Commercial/Industrial (S/C/I) zone district. The proposed facility does not appear to create any conflicts with these adjacent S/C/I uses. No significant noise, dust or fumes should be created. Considering the proposed building's maximum height of 22 feet at a lower grade sloping toward the river, architectural style and materials, and proposed landscaping, this building should not create unacceptable visual impacts for neighbors to the south. To the north and west of the Sanitation District development parcel is open space zoned Park. Further- more, there is a significant amount of green area within the Sanitation District Public zoned parcel that is the result of successful revegetation after removal of the treatment plant and snow dump. This green area is part of the general open space along both sides of the Roaring Fork River. It is highly desireable to maintain the open space character of the general area. Given the siting of the proposed structure towards the south of the property, most of the area would remain green space. This project would not appear to severely derogate that open space; and the landscaping proposal should be expanded to further soften the visual impacts of the building from the Rio Grande Trail and the open space along the river. It should be noted that the Sanitation District has already done a great deal on its own volition to make the site attractively clean and green. To insure future compatibility with the river Greenway Plan, we suggest that the open space be designated as open space in the SPA plan. This area should remain as private open space until the time of an SPA plan for the Sanitation District use of it. It would not necessarily be open space into perpetuity. 3. Utilities and Roads: The utilities are in place and appear to be able to handle this project. Some undergrounding will occur. Mill Street is capable of handling the volume of traffic generated by the project, estimated at 20 vehicle trips per day. Sight distance is not a major problem. The access easement issue raised by the Engineering Department should be resolved. 4. Environmental Concerns: The Environmental Health Department discussed two areas of concern that should be further accounted for by the applicant. The fuel tanks should meet the latest criteria for environmental safety promulgated by the State Department of Health 5 and the EPA. In addition, dust suppression should be monitored so that it does not become a problem during construction, and revegetation should be accomplished as soon after construction as possible. As suggested by the Engineering Department, a geotech- nical engineer should verify the design of the struc- ture and drainage system with regard to the groundwater conditions on the site. Sand traps should be installed as represented in the application. 5. Land Planning Techniques: The SPA -set area and bulk requirements as well as the SPA plan review criteria encourage creative land planning techniques. The building is sited behind the existing office building and at a fairly low grade compared to nearby properties and roads. Primarily for this reason, it appears that the building will not have a great visual impact from Mill Street, where the greatest number of people will pass nearby the building. The other significant viewplane is from the Rio Grande Trail and the river- side. Additional tree plantings should be incorporated in the plan to further screen the structure from those views. The architectural design will match the existing office, using brick, cedar paneling and a flat roof. Garage doors should be painted the same approxi- mate brown of the brick so to not call any unnecessary attention to the building. Three spruce trees west of the existing office would be relocated to the south side of the proposed building and this appears acceptable. 6. Compliance with Aspen Area General Plan: The 1973 Aspen General Land Use Plan designates the site as open space, however, shows the Sanitation Plant in this location. The Aspen Area Comprehensive Plan: Parks/Re- creation/Open Space/Trails Element (July 1985) shows a portion of the site as existing open space and part of the area as proposed open space. There are no proposed trails nor identification of property for acquisition that the proposed development site would effect. As stated above, the portion of the site near the river (outside the SPA development area) should be designated as interim open green space. This action would help implement the goals of the Open Space Plan. 7. Schedule: The building completed by May, 1987, amendment to the SPA plan. 1.1 and landscaping should be or else be subject to an • COMMITTEE VOTE: On June 3, 1986, the Planning Commission unanimously (4-0) voted to recommend approval of the proposed SPA Plan Amendment subject to the eight conditions listed below. RECOMMENDATION: The Planning Office and Planning Commission recommend City Council to approve the proposed SPA Plan Amendment and GMP Exemption for Essential Public Facilities subject to the following conditions: 1. The applicant shall verify the ownership of the land abutting Mill Street and obtain an easement to accommodate the proposed driveway which is acceptable to the City Engineer prior to the issuance of a building permit for the proj ect . 2. Testing by a geotechnical engineer to verify the design relative to the groundwater condition in the site shall be accomplished to the satisfaction of the City Engineer prior to the issuance of a building permit. 3. Sand traps within the drainage system for the storage facility bays shall be installed as represented in the application. 4. The applicant shall contact the State Department of Health and the U.S. Envrionmental Protection Agency for the most current information regarding fuel tank environmental safety and shall submit a more detailed proposal based on the most applicable criteria to the satisfaction of the Environmental Health Department prior to issuance of a building permit. 5. Trees shall be replanted as represented in the proposed landscape plan. Ten additional trees shall be planted to better screen the east, west and south elevations of the proposed building. 6. The applicant shall designate the northerly portion of the property as interim open space. 7. An SPA plan shall be filed with the County Clerk and Recorder's Office, meeting the requirements of the Engineer- ing Department prior to the issuance of a building permit for the project. B. Construction, paving and landscaping shall be accomplished by no later than May, 1987. An improvements guarantee and bonding sufficient to cover paving landscaping shall be filed to the satisfaction of the City Attorney and Engineer- ing Department prior to issuance of a building permit. SB . 2 7 L J A G E N D A ASPEN PLANNING AND ZONING COMMISSION October 17, 1989 - Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall REGULAR MEETING I. CON74ENTS Commissioners Planning Staff Public II. MINUTES III. RESOLUTIONS A. European Inn Open Space Code Amendment B. European Inn LP Zone GMQS Allocation IV. PUBLIC HEARING A. Aspen Consolidated Sanitation District SPA Amendment and GMQS Exemption V. ADJOURN MEETING a.cov Ell MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Debbie Skehan, Planning Office RE: Upcoming Meetings DATE: October 12, 1989 This is a list of your scheduled upcoming meetings. October 24 - Special Meeting SH 82 EIS (TB) November 7 - Regular Meeting 1001 Ute Avenue 8040 Greenline, Conditional Use & GMQS Exemption (LL) 127 E. Hallam Historic Designation (RE) Choumas Conditional Use for Accessory Dwelling Unit (LL) Means Conditional Use for Accessory Dwelling Unit (LL) November 14 - Special Meeting Housing Replacement Program (AM/TB) November 21 - Regular Meeting Explore GMQS Exemption (LL) a.nex L� MEMORANDUM • Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner aV/lol-�� RE: Aspen Consolidated Sanitation District Final SPA Amendment and GMQS Exemption DATE: October 17, 1989 SUMMARY: The Planning Office recommends approval of the Aspen Consolidated Sanitation District's (ACSD) amendment to the Final SPA Plan and a GMQS exemption for the addition of two affordable housing units. Pursuant to Section 7-804 the increased employee housing is an amendment to the Final SPA Plan requiring review by the Commission at a public hearing and review and approval at Council. A GMQS exemption for affordable housing, pursuant to Section 8-104 (C)(1)(c), is a two step process with a public hearing at the Commission and a review and approval by Council. APPLICANT: Aspen Consolidated Sanitation District LOCATION: 565 North Mill Street, Aspen ZONING: Public APPLICANTS REQUEST: The ACSD seeks a GMQS Exemption and amendment to the Final SPA Plan for two units of affordable housing. BACKGROUND: 1976- a 1,440 square foot office building with two employee units was built; 1981- a SPA plan was approved for the construction of a four unit employee housing project, of 4,032 square feet, in the north west portion of the property, a development area of 32,200 square feet was delineated in the SPA Plan for project development. 1983- the sewage treatment facility was abandoned, and dismantled and/or covered up on 1985; 1986- a SPA amendment was approved for the development of a 4,154 square foot administrative and storage facility attached to the existing office building. REFERRAL COMMENTS: Because of the small scope of this application, referral agencies were not contacted. STAFF COMMENTS: The ACSD proposes to add two employee units to the existing building which contains offices, storage facilities and 2 employee units. The proposed units, a 366 square foot studio and one 662 square foot one bedroom unit, will be constructed on the second floor adjacent to second floor office space. Please see attached plan. Amendment to the SPA - The proposal is not an insubstantial amendment to the SPA plan because the residential density will be increased by 33%. There are already 6 employee units on site. Two units are attached to the existing office/storage building and 4 are located in the northwest portion of the property. The addition of two new employee units, totalling 1,028 square feet, is consistent with the original SPA Plan locating ACSD services and employee housing on this site. In the SPA Plan a total of 32,200 square feet of development area was approved for the site. The addition of the two units increases the total improvements on site to 10,654 square feet. GMQS Exemption - The adopted SPA Plan identifies the coexistence of ACSD services and housing on this site. The proposed units will be deed restricted pursuant to the 1989 Affordable Housing Guidelines to be reviewed and approved by the Housing Authority. The units will be used by District employees. The District also intends to provide two new parking spaces to accommodate the new units. RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission recommend to the Council approval of the SPA Plan amendment and the GMQS exemption for two affordable housing units with the following conditions: 1. Before the issuance of a building permit, the deed restricted units shall be reviewed and approved by the Housing Authority. 2. Before the issuance of a building permit, a site plan showing the two new parking spaces shall be reviewed and approved by the Engineering Department. 3. An amended plat shall be filed with the Engineering Department. 2 .1/ / � �'. y ! \ / � • � � h-� ./ � 1' ^ `� r ��/, i, ,'O \ � \, � V ` � %e 9� � �� -_\ �/ �� �� I �`� /; ` ; •f \ l�, / 1 . ^i P� �� �� �' �� ` � `/ r �- � � � ,'� �, �� _ _ 1 _��, _--_ �� `���'� \ � �� � +� �` �rr4� `ltNRb . M.-,rNr� Ex�if 4E'iA►ifc '(. �. l.rt� ASPEN CONSOLIDATED SANITATION DISTRICT SPA PLAN Tom Bracewell Aspen Consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 970-925-3601 Prepared by Glenn Horn AICP Davis Horn Incorporated 215 South Monarch Street Suite 104 Aspen, Colorado 81611 970-925-6587 Warren L. Palmer Architect Box 767 280 East Cody Lane Basalt, Colorado 81621 970-927-9442 TABLE OF CONTENTS Page INTRODUCTION 1 I. EXISTING CONDITIONS 4 II. BACKGROUND 7 III. PROJECT DESCRIPTION 8 IV. LAND USE REVIEWS 16 Conditional Use Review for Maintenance Shop and Affordable Housing in Public (PUB) Zone (26.60) 16 Growth Management Exemptions For: Construction of Essential Public Facilities 18 Growth Management Exemptions For: Affordable Housing 23 Specially Planned Area Amendment (SPA) 24 Special Review for Off -Street Parking 29 Stream Margin Review Exemption 30 Residential Design Standards 33 Vested Property Rights 35 LIST OF FIGURES Figure Page 1 Improvement Survey 6 2 Proposed Site Plan 9 3 Main Level Plan 10 4 Upper Floor Plan 11 5 Building Elevations: North and West 12 6 Building Elevations: South and East 13 7 Conceptual Utility Plan 14 Appendix Pre -application Conference Summary Sheet List of Property Owners Located within 300 Feet of Subject Site Letter from Aspen Consolidated Sanitation District Authorizing Davis Horn Incorporated to Submit Land Use Application Fee Agreement Ownership and Encumbrance Report for Subject Site Vicinity Map 1 1 1 1 1 1 i 1 1 1 f INTRODUCTION The Aspen Consolidated Sanitation District (hereinafter "applicant") requests land use approvals to expand the existing maintenance and storage facility located at 565 North Mill Street. ' Additional vehicle maintenance bays, office space, storage space and one affordable housing unit are proposed. The Aspen Consolidated Sanitation District has established the tfollowing objectives for proposed development: 1. Provide space to store existing large equipment. 2. Provide space to maintain larger vehicles and equipment t2. Provide a dedicated area for washing vehicles/equipment. 3. Provide a break room and locker room for the crew. 4. Provide additional office space. 5. Provide an additional affordable housing unit. 6. Provide additional record storage space. The applicant requests the following land use approvals: * Conditional Use Review for Maintenance Shop and Affordable Housing in Public (PUB) Zone (26.60) t* Growth Management Exemptions For: 1. Construction of Essential Public Facilities (26.102.040 C.a.) 2. Affordable Housing (Section 26.102.040 C.b.) * Specially Planned Area Amendment (SPA) (26.80); ISpecial Review for Off -Street Parking (26.64.040 1� 11 �J 1 B.) * Stream Margin Review Exemption (Section 26.68.040); * Residential Design Standards (26.58) * Vested Property Rights (Section 26.52.080). Appendix 1 is a June 6, 1997 City of Aspen Pre -Application Conference Summary Sheet which mistakenly indicates that the applicant must address PUD (Planned Unit Development) standards and Commercial Growth Management Exemption standards. The proposed development is an SPA (Specially Planned Area) amendment not a PUD amendment. Typically, the dimensional requirements for land uses in the PUB zone are established pursuant to the PUD process. However, in the case of parcels designated SPA common practice has been for dimensional standards to be established in the SPA process rather than the PUD process (see Section 26.80.010 B.). The subject site has been reviewed pursuant to the SPA standards three times and has not been reviewed as a PUD. The proposed development is an Essential Public Facility, therefore a Commercial Growth Management Quota System Exemption is not required. Instead, the Essential Public Facilities Exemption regulations need to be addressed. The application is divided into the following five sections: I. Existing Conditions; 2 1 ' II. Background; III. Project Description; IV. Land Use Reviews; and V. Appendix. The applicant is represented in this application by Glenn Horn AICP, Planner, of Davis Horn Incorporated and Warren L. Palmer, Architect. The land use application addresses all relevant City review standards. In the event further information or clarification is required, the applicant will provide additional ' information or material to the staff. 1 3 I. EXISTING CONDITIONS Figure 1 is an improvement survey of the subject site prepared by Cross Country Surveys, Incorporated. The survey shows the subject site is improved with a vehicle maintenance shop, offices, a garage, a two story apartment building, a pedestrian/ bike path adjacent to the Roaring Fork River, parking and open space. I As depicted by Figure 1, Space, the site is relatively flat with the exception of the river bank. There is a significant amount of 1 green area within the subject site which is the product of a successful revegetation program completed after the removal of the sewage treatment plant and snow dump which used to be located on site. Vegetation within the property boundaries consists of grasses and a mix of conifers and deciduous tree. The subject site is zoned PUB (Public). An SPA (Specially Planned Area) development area of approximately 32,000 square feet has been designated around the existing maintenance shop and offices. Lands located east and west of the subject site are zone P (Park). The Rio Grande Trail is located adjacent to the west property boundary. The land located to the south of the subject site is zone SCI (Service/Commercial/Industrial) and developed with the Stephan Kaelin building and the Mill Street Venture. There is a significant elevation change between the subject site and the Mill 4 ' A tall Street Venture Building located to the south. retaining wall separates the subject site from the adjoining property to the south. The land to the north on the other side of the Roaring Fork River is zoned R-30 PUD and developed with low density single family residential development. 11 Vehicular access to the subject site is via Mill Street. Pedestrians may access the site from the trail on the Roaring Fork River and the Mill Street sidewalk. The site is proximate to the Hunter creek bus route on Mill Street and the Galena Steep shuttle. 5 O4RIN G NOTICE. ACWMK TO MCAADO TAT YM MAY CO IEIO[ ANY AECN ACTIDN VM UPON ANY OMCT N MS %PC ■TM WJ YEARS ATIEA YOU IR51 DWMB AICI DOECT. N NO E O T. MAY ACTION BAM EPON ANY DCTECT N THIS ¢MEY EE CMIDKEO MORE T!M TT YEARS MOM TE DATE O THE MWICATIEN SI M H KON wrvm is a IRD AAK MW ---- IMPROVEMENT SURVEY MAP OF THE TRACT OF LAND AS RECORDED IN BOOK 336 AT PAGE 475, COUNTY OF PTI'KIN. STATE OF COLORADO LAND SiDA %n PilMUT E NIX L P011ER A ROM L" SAWI t N M SUIE O CDADTm mm em" THAT M ornmem qA x MOLE OES0M PMOL m T6 DATEAM ETEVT OTUIT NTECNW ME ETIOELT EMI M MOSO S O TE PAIEEI. DICWT AS SM TNT TEAS NE NO DMINOMM" TE OESM D PEKITSES TY TFAOIOEMTS ON ANY ADAAINI PIEAESLS, ETDLPT AS MDCAIED, AND THAT WE 6 NC APPATDTT EIEDIO Q SIM OF AlfT EAMM 009C Q OIIOEITG PNTf OF SAD PAAOJ. EAOM AS MpTFA y 46; ROM'j, WK-2 U f a= CMXVY 24*r. NC HAS MADE NO PVMIUTOI OR IAEP MT SAID FOR WU EYOOIO OR ANY OTET PACTS TNT M ACCLUTE NO CIJVW TU YAOOI MAT 06Om �/wyi, kPC. w TNr Ps IITTwA TYd N.EI r,teTT.P �rNrTs ,� w NTw PM alloe II. BACKGROUND The following land use actions have been approved and/or developed on th subject site in the past. D 1976 - 1,440 square foot office building with two employee units 1981 - SPA (Specially Planned Area) approval for four employee units, 32,000 square feet of land delineated for project development 1983 - The sewage treatment plan- was abandoned and the site was restored 1986 - SPA (Specially Planned Area) approval for a 4,154 square foot administration and vehicle storage and maintenance facility attached to the previously existing maintenance building. 1989 - Approval for two additional affordable housing units. 7 I I J III. PROJECT DESCRIPTION This section of the land use application describes the proposed development. References are made to the following illustrations which depict the project. All drawings are presented at 11" x 17" size in the text and at the 24" x 36" size in blueprints. Figure 2 - Proposed Site Plan Figure 3 - Proposed Main Floor Plan Figure 4 - Proposed Upper Floor Plan Figure 5 - Building Elevations: North and West Figure 6 - Building Elevations: South and East Figure 7 - Conceptual Utility Plan As depicted on Figure 2, the applicant proposes to expand the existing building to the south and west. The existing SPA line is proposed to be extended slightly to the west to accommodate the proposed addition. The existing asphalt pad will be expanded to the north and west to provide additional parking and a driveway to the vehicle wash and maintenance bays. Figure 3 shows offices, crew break room, dressing room, mud room, lube room, mechanical room and fire storage, one vehicle wash bay and four vehicle maintenance bays are proposed for the main floor. Figure 4 shows the second floor will be improved with a three bedroom affordable housing unit. N 1 }�v. I t�L . 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YOi AAdI R pLK .�1IO Ce�R� --'7�y• DtM !m ID C FMM r�a.a ss CIS1A OL M a Ua ewEu r s wIF u[ can 'd, r,) LIMINAR,Y • r ` • J rOW D MIG r MMM W MS AIU UP Y ACC200a rM CM a Alp MDAM nS NOIL, 1 010, GK OLCIM APO WLVW E SUM FA ADO MOM W E FOOM D MA UM CO M IROI OEM MLOM i XXM RIM IM SW WER EI E IWAUn ON SWWT SEAW M KIOW Q AWTKR 1 RE IOCATO OF DMW UMM 6 &W 01 RECOO ORARMM 00 FCD MCA ES RE IDCARW OF PROPM URUIES WY E AU SID AS MMSSAAY ID I N(M OISING UWM PER ACNAI FEU CWOIR06 IccEhD• EXISTING SMiMY SEER UMITES -e-- WAER - OECRIM. -a- TU)GJ 1 --r- GS --C- FUUMDAIDI • RD6 am _rip- KSIE 'M -w- IDfNM1E --I- rlq�t2 �i 1 Figure 5 depicts the proposed north and west elevations while Figure 6 south and east elevations. The elevations show the proposed addition is designed to be consistent with the existing ' building design. 1 1 Figure 2 shows that a small stand of trees will be relocated to accommodate the new driveway. The trees will be transplanted to a new location on site as shown on Figure 2. 15 III. LAND USE REVIEWS This section of the application demonstrates compliance with the land use requirements in the following sections of the Aspen Land Use Regulations: * Conditional Use Review for Maintenance Shop and Affordable Housing in Public (PUB) Zone (26.60) * Growth Management Exemptions For: 1. Construction of Essential Public Facilities (26.102.040 C.a.) 2. Affordable Housing (Section 26.102.040 C.b.) * Specially Planned Area Amendment (SPA) (26.80); * Special Review for Off -Street Parking (26.64.040 B.) * Stream Margin Review Exemption (Section 26.68.040); * Residential Design Standards (26.58) * Vested Property Rights (Section 26.52.080). Conditional Use Review: Maintenance Shop & Affordable Housing in Public Zone Section 26.28.250 established maintenance shops and affordable housing as Conditional Uses in the PUD zone. The applicant is proposing a vehicle maintenance shop and one three bedroom, Category four rental affordable housing unit. This section demonstrates compliance with the Conditional Use review standards. W. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; The portion of the subject site located adjacent to the Roaring Fork River is dedicated open space. This designation is consistent with the Roaring Fork Greenway Plan and the Aspen Area Community Plan. Section 26.28.250 A. establishes the purpose of the PUB district is to provide for the development of governmental and quasi governmental facilities. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; The area located to the south of the subject site has been a service commercial area for many years. The proposed uses are consistent with the service commercial uses in the area. There is a large open area between the proposed development and the trail on the Roaring Fork River. The existing trees will provide a buffer between he Rio Grande Trail and the proposed building. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; Presently, the applicant stores equipment outside the existing facility. If the proposed development is approved equipment will be stored inside which will improve the appearance of the site. The only additional demands placed on public facilities will be 17 1 1 1 1 1 I 1 1 1 generated by the new affordable housing unit. The impacts of the affordable housing until should be minimal. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; Refer to the response to C, above. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional uses; The proposed development will not generate a need for any affordable housing. Nevertheless, the applicant will construct one affordable housing unit. G. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. The Aspen Area Community Plan does not contain standards. The conditional uses are consistent with the goals, objectives and policies of the Plan and will comply with the Aspen Land Use Regulations. Growth Managment Exemptions The applicant seeks Growth Management Exemptions for Essential Public Facilities and one affordable housing unit. The standards for these exemptions are addressed in this section. 18 F I Growth Managment Quota System Exemption for Essential Public Facilities (26.102.040 C.a.) ' (1) Except for housing development shall be considered an essential public facility if it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a growth generator, is available for use by the general public, and serves the needs of the City. It shall also be taken into consideration whether the development is a not -for -profit venture. This exemption shall not be applied to commercial development. The proposed development is being done to provide shelter for existing equipment. The maintenance bays will allow the applicant to store publicly owned equipment inside. The applicant is a non- profit organization. (2) A development applicant shall demonstrate that the impacts of the essential public facility will be mitigated, including those associated with the generation of additional employees, the demand for parking and transit services, and the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection and solid waste disposal. It shall also be demonstrated that the proposed development has a negligible adverse impact on the City air, water, land and energy resources and is visually compatible with surrounding areas. 1. Employee Generation. There will be no additional jemployees generated by the proposed development. The maintenance and storage facility will be staffed by the existing Aspen Consolidated Sanitation District staff. Section 26.102.060 of the Regulations establishes employee { generation standards for various zone districts. There are no _ itkin standards for development in the PUB district.County and the City P of Aspen have a longstanding policy that maintenance 19 I facilities and ancillary office space are built in response to demand for public services and do not generated a demand for public_ services.�� Figure 3, the Proposed Main Floor Plan depicts approximately 300 square feet of new office space. The new space will provide adequate space for existing employees and will not result in any employee generation. Section 26.102.060 E.3. suggests a standards ` of 3 employees/1,000 square feet of net leasable office space " in the O (Office) zone district. The application of this employee ' generation standard to the proposed development would suggest that the proposed 300 square feet of office space may generate approximatley .9 employees. The applicant objects to the pp ication of is standard to the proposed development and maintains that there will not be any employee generation resulting from the proposed development 2. Parking. The off-street parking requirement for development within the PUB, Public zone district is established by Special Review, the principal criteria being whether sufficient parking will be provided to meet the needs of the project. The City's Land Use Regulations, however, contain no specific parking ' standards for public land uses such as Sanitation District Maintenance Facilities. Where standards are specified, they range from two ( 2 ) to four ( 4 ) spaces per thousand (1,000) square feet of 6L,�*I Abw 20 a net leasable commercial or lodge floor area to one (1) space per bedroom for residential uses. The City staff has suggested that the 300 square feet proposed office space will generate a demand for parking. If the O (Offices) zone standards is applied to the proposed development, there is a theoretical demand for .9 parking spaces resulting from the 300 square feet of proposed office space. The applicant contends that the parking is not required because there will not be any additional employee generation from the proposed development. ' Figure 2 shows that three parking spaces are being added to the site to accommodate parking demands from the proposed affordable housing unit. `1 3. Roads/Transit. There will not be a significant ' impact on roads or transit. The maintenance facility will not generate additional demands on the road or transit system. The affordable housing unit will slightly increase traffic on Mill Street, but will probably result in less traffic on Main Street and State Highway 82. 4. Water/Sewer. As discussed previously, water and sewer service will be provided via the existing mains which already tservice the site. Figure 7 shows there is an existing 6 inch water 1 21 1 A 1 1 1 Ll 1 1 1 1 1 1 1 1 line serving the site and a sanitary sewer line. All costs associated with obtaining sufficient water and sewer service will be borne by the Applicant. S. Drainage. The proposed development's storm drainage system has been designed to maintain historic flow rates with respect to surface water runoff and groundwater recharge. Figure 7 shows that foundation and roof drains will carry water from the site improvements to a storm water detention area on the north side of the property. 6. Fire/Police Protection. Fire protection will be provided by the Aspen Volunteer Fire Department. The project site is located less than six (6) blocks from the fire station, resulting in a response time of approximately three (3�),{ to f ive ( 5 ) minutes. Police protection will be provide by the City's Police Department. The Department is headquartered in the Pitkin County Courthouse which is located approximately three (3) blocks l southeast of the project site. 7. Solid Waste. Solid waste generated by the proposed development will be deposited into an appropriately sized dumpster to be located in the building's service area. Vehicular access to the area for collection by United Waste Systems Incorporated will be provided via the parking garage's main access drive off Mill 22 1 Street. a. Air/Water/Land Resources. No significant imp` t upon the community's air and water quality is anticipated as a ' result of the proposed development. No wood burning devices are to be included in the building. Stormwater runoff will be detained in compliance with the City's regulations. 9. Energy Conservation. The addition to the building ' will be designed to enhance energy conservation. All building r� insulation will meet or exceed applicable requirements. The feasibility of utilizing high performance glass (e.g., low "E" ) and advanced mechanical systems (e.g., modular boilers) is currently being investigated. Internal lighting systems will be task oriented and low consumption water fixtures will be utilized throughout the building. All plumbing and ductwork will be insulated. In summary, no adverse effect upon the community's energy resources is anticipated as a result of the proposed development. " I 10. Visual Compatibility. The building will provide in- door storage and a maintenance area for equipment. The elevations show there will be minimal visual impacts. The building will look more attractive then equipment stored outside. Growth 4 Y Management Quota System g Exemption for Affordable Housing The Community has a documented need for additional affordable 1 23 II housing. The applicant is proposing to construct a 1,440 square foot, Category 4, three bedroom rental affordable housing unit. The applicant is seeking a Category 4 designation to make the unit available in the future for the family of a District supervisor or M� manager. It likely that the unit will be occupied by a lower income family in the near future. Since there will be no affordable housing mitigation required by ------------ the proposed development, the applicant requests the capability to reserve the right to use the proposed unit for affordable housing, if necessary, to mitigate housing needs for a future project. Specially Planned Area Amendment �O �tm r : i ;re4 The subject site has been designated SPA. The applicant proposes a minor expansion of the SPA area as depicted on Figure 2. The applicant requests the Planning Director to consolidate the conceptual and final development plan review. A four step review would be redundant and serve no public purpose. Any development within a Specially Planned Area is subject to both P&Z and City Council review as set forth in Sections 26.80.040 B. the Land Use Regulations. The specific review criteria for a final SPA development plan, and the proposed development's compliance are outlined below. 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, 24 architecture,landscaping and open space. The area to the north and west of the project site is zoned P (Park). Land to the south is zoned SCI (Service / Commercial /Industrial). The site is presently improved with a vehicle maintenance facility and ancillary office space and affordable housing. Existing development in the immediate site area consists primarily of service commercial uses located to the south and above than the existing building. A retaining wall separates the subject site from land uses to the south. The proposed building is compatible with these land uses in terms of architecture, bulk and height, and will be an attractive addition to the streetscape of this area of the Ci3T All utilities which will be required by the proposed development are readily available within the immediate site area (see Figure 7). Existing water and sewer mains are easily accessible to the 1 project site. Electric and telephone service is already a*p2100Xany public utility will be required in order to serve the project. The expansion of the maintenance facility and ancillary offices not increase traffic volumes on Mill Street. The newtraffd-n Mill Street, but will most likely reduce traffic on Main Street and State Highway 82. 25 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. The proposed development will be free of such natural hazards as mud flow, rock falls, and avalanche and flood dangers. To the best of the Applicant's knowledge, there are no adverse soils conditions which would preclude development. A soils analysis, however, will be undertaken in connection with the design of the foundation and all construction will strictly adhere to any recommendations which may be forthcoming. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoids adverse environmental impacts and provides open space, trails and similar amenities for the users of the project and the public at large. The proposed facility will be located at the base of a retaining wall in a portion of the site that is not highly visible from the south. The building addition is not visible from Mill Street on the east. The building will be visible through the aspen trees on the Rio Grande Trail to the west and from the trail on the river to the north. 5. Whether the proposed development is in compliance with the Aspen Area Comprehensive Plan. The proposed affordable housing is consistent with the direction of the Aspen Area Community Plan. The Plan does not address the expansion of the service facility. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood." To the best of the applicant's knowledge, no upgrade of any existing public facility will be required in order to serve the 26 1 1 1 1 1 I I 1 proposed development. 7. Whether proposed development on slopes in excess of twenty percent (20%) meet the slope reduction and density requirements of Section 26.84.030(B)(2)(b). The dimensional requirements of the PUB, Public zone district are established in conjunction with the adoption of a final PUD or SPA development plan. Consequently, the project site has no theoretical maximum allowable density which is subject to reduction pursuant to the Regulations. Nevertheless, Figure 1 shows the site does not contain any areas in which the slope exceeds twenty (20) percent. 8. Whether there are sufficient GMQS allotments for the proposed development. As noted in the introduction to this application, the Applicant is requesting an exemption from growth management ,for the proposed 3 &*\O� 4ik Uhit development as an essential public facility.�hould the exemption be approved by the City Council, no growth management allocation will be required. The Land Use Regulations require compliance with the following Final Plan regulations in addition to the regulations addressed above. a. The general application information required in Sec. 26.52.030. All of the general application information is included within this land use application. 27 11 1 I 1 1 1 a 1 n b. A precise plan of the proposed development including but not limited to proposed land uses, densities, landscaping, internal traffic circulation, and accessways. The precise plan shall be in sufficient detail to enable evaluation of the architectural, landscaping, and design features of the proposed development. It shall show the location and floor area of all existing and proposed buildings and other improve- ments including heights, dwelling unit types and non- residential facilities. Figure 2 depicts the site plan including landscaping, parking areas and internal traffic circulation. Figures 5 and 6 depict the building elevations. The floor plans for the buildings are depicted by Figures 3 and 4. C. A statement specifying the underlying Zone District on the parcel and, if variations are proposed, a statement of how the variations comply with the standards of Section 26.80.040 (B). The subject site is zoned PUB (Public) with an SPA overlay. The previous section of this application addresses Section 26.80.040 (B) . d. A statement outlining a development schedule specifying the date construction is proposed to be initiated and completed. Construction is planned for the late spring of 1998. If the facility is not developed in 1998, it will probably be built in 1999. e. A statement specifying the public facilities that will be needed to accommodate the proposed development, and what specific assurances will be made to ensure that public facilities will be available to accommodate the proposed development. As noted in the previous section of this application, the applicant does not anticipate the proposed development of place any additional significant demands on any public facilities. W I I I 1 I I f. A statement of the reasonable conformance of the Final Development Plan with the approval granted to the Conceptual Development Plan and with the original intent of the City Council in designating the parcel Specially Planned Area (SPA). The applicant is seeking a consolidated conceptual and final development plan review. The City originally designated the site SPA to provide land use flexibility on the site. At one time the site was improved with, offices, the maintenance facility and affordable housing. The north side of the site is preserved as open space. g. A plat which depicts the applicable information required by Sec. 26.88.040(D) (1) (a) (3) and (D) (2) (a). The applicant will prepare a plat upon approval of the SPA plan prior to issuance of building permit. Special Review for Off -Street Parking Off-street parking in the PUB zone district is established by Special Review pursuant to Section 26.64.040 B. of the Regulations. The applicant demonstrates compliance with the Regulations in this section. D. Off-street parking requirements. Whenever the off-street parking requirements of a proposed development are subject to establishment or reduction by Special Review, the Development Application shall only be approved if the following conditions are met. 1. In all other zone districts where the off street parking requirements are subject to establishment or reduction by special review, the applicant shall demonstrate that the parking needs of the residents, guests and employees of the project have been met, taking into account potential 29 1 uses of the parcel, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Figure 2, Proposed Site Plan, shows three additional parking spaces are proposed. The parking spaces will be used to accommodate the affordable housing unit. Since addition to the maintenance building will not generated additional employees there will not be any additional parking demands resulting from the Essential Public Facilities exemption. The City staff has suggested that the 300 square feet proposed office space will generate a demand for parking. If the O (Office) 7ne standards is app>i�d� thP� proposed development, there is a theoretical demand for .9 parking spaces resulting from the 300 square feet of proposed office space. The applicant contends that the parking is not required because there will not be any additional employee generation from the proposed development. Figure 2 shows that three parking spaces are being added to the site to accommodate parking demands from the proposed affordable Ihousing unit. I Stream Margin Review Exemption The proposed development does not comply with the Stream Margin Review Exemption criteria (section 26.68.040 C) therefor, this section of the application demonstrates compliance with the Stream Margin Review requirements, Section 26.68.040 of the Aspen Land Use 1 30 � I IRegulations. Each of the criteria appear in bold followed by the applicant's responses. 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood ■ elevation increase caused by the development. The FEMA maps show that the proposed improvements are not located within the Special Flood Hazard Area. 2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. The Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan recommends that a trail be constructed on the subject site adjacent to the Roaring Fork River. As depicted on Figure 1, the trail has already been constructed. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. The recommendations of the Roaring Fork Greenway Plan have already been implemented on the subject site. The land adjacent to the River has zoned P (Park) and is maintained as open space. There is 1 a trail on the River. 4. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to the issuance of any demolition excavation or building permits. 1 31 The barricades shall remain in place until the issuance of Certificates of occupancy. All improvements will be located within the SPA portion of the site. The SPA line will delineate the proposed building envelope (see Figure 21). 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and or/ during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated envelope. The proposed development has been adequately setback from the river to avoid interference with the natural changes of the river. During construction, silt fences will be utilized to protect the stream. Site drainage will be directed to the interior of the site. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. There will not be any alteration of the water course. Therefore, the applicant has not notified the Colorado Water Conservation Board. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. The proposed structure is located at least 340 feet horizontally from the Roaring Fork River high water line and 19 feet 32 horizontally from the flood hazard boundary. There is adequate room to assure that the water course will not be altered or relocated by the applicant or heirs. All disturbance will be restricted to the within the SPA line, therefore a guarantee is not needed. 8. copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. The applicant does not propose any work within the one hundred year floodplain. 9. There is no development other than approved native vegetation planting taking place below the top of the slope or within fifteen (15) feet of the top of the slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. if any development is essential within this area, it may only be approved by special review pursuant to Section 26.64.040(D) (refer to Figure "A" below for illustrative Ipurposes). Development will not take place within 15 feet of the top of the slope. There will not be any disturbance to the River bank. 10. All development outside the fifteen (15) foot setback from the top of the slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of the slope. Height shall be measured and determined by the Zoning Officer utilizing that definition set forth at Section 26.04.100 (refer to Figure "A" below for illustrative purposes). The proposed building is 340 feet from the River. The building clearly not exceed the height delineated by a line drawn at a 1 33 forty-five degree angle from ground level at the top of the slope. It is easy to make this determination without a drawing, therefore an illustration is not necessary. 11. A landscaping plan is submitted with all development 1 applications. Such plan shall limit new plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side to native riparian vegetation. Figure 2, Proposed Site Plan includes a landscape plan. 12. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope. Exterior lighting will comply with this land use requirement. 13. site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top of the slope, and pertinent elevations above sea level. Refer to Figure 2, the Proposed Site Plan which shows topography and the top of slope. 14. There has been accurate identification of wetlands and riparian zones. A review of Figure 2 clearly shows that the existing building is located approximately 340 feet from the top of the slope above the Roaring Fork River. A site visit shows that there are no wetlands Ior riparian areas in the proposed SPA area. 1 34 Residential Design standards Section 26.58 of the Regulations establishes residential design standards to be applied to "residential development" (Section 26.58.010. The residential design standards are intended to address design of residences as viewed from public streets and to preserve neighborhood scale and character. The proposed structure is not visible from public streets, nor is it a residential use. According to the Regulations "residential use means used or intended exclusively for dwelling purposes, but not including hotel or lodge rooms" (emphasis added). The proposed use is a maintenance facility with an ancillary office and affordable housing unit. It does not meet the definition of residential use, therefore the residential design standards are not applicable to the proposed development. Vested Property Rights The applicant requests Vested Property Right status pursuant to Section 26.52.080 of the Regulations. No specific submission requirements are required for the Vested Property Rights hearing. 35 U- 1.10� June 18, 1997 Tom Bracewell, ACS Tom, ASPEN • PIT -KIN COMMUNITY DEVELOPMENT DEPARTMENT Thanks for corning in to discuss your plans for expansion. I have attached a pre - application conference summary outlining the requirementsfor submittal. You may request a combined conceptual and final review, but I recommend a full four step process for the PUD. This will allow you to respond to issues raised in conceptual review before the final review. The process is generally cleaner and simpler. It is, however, longer and can be more expensive. As we talked about in our meeting, the Parks Department is in the process for a similar approval. They contracted a Planner, Engineer; and an Architect for the submission. You should talk with Becca as to how this helped her and the estimated costs. If you are planning on breaking ground in the 1998 season, I encourage you to have full land use approval by early March. This will allow you to submit for a building permit and be ready to go by early May. I have outlined a rough schedule below for your consideration. Now - Sept. Prepare Application Sept. 20. Submit for Conceptual (steps 1 and 2) Oct. 30 Conceptual PUD - P&Z Nov. 30 Conceptual PUD - City Council, public hearing December Respond to conceptual approvals and prepare final application Jan. 1 Submit for Final (steps 3 and 4) Feb. 10 Growth Management Commission, public hearing Feb. 10 Final PUD, Cond. Use, Special, Res. Design - P&Z, public hearing March 10 Final PUB, Growth Mgmt. Exemption - City Council, public hearing March 15 Submit for building permit May I Receive building permit and break ground There are many requirements in the PUD section of the Code, feel free to call me about them. Also, if you do decide to hire a consultant, it would be good to have that person meet with me about the process. Chris Bendon, City Planning 130 SOUTH GALENA STREET - ASPEK, COLORADO 61611-1975 - PHONE 970.920.5090 - FAX 970.920.5439 Printed on Rmvcled Paper ATTACHMENT I LAND USE APPLICATION FORM Project Name Project Location (Indicate street address, lot & block number, legal description where appropriate) Present Zoning Lot Size tAPPLICANT Phone # Address REPRESENTATIVE Phone # Address Type of Application (please check all that apply): Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Condominiumization ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Special Review ❑ Historic Designation ❑ Lot Line Adjustment ❑ Subdivision ❑ Text/Map Amendment ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ ESA - 8040 Greenline, Stream ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, Expansion Mountain View Plane Description of Existing Uses (number and type of existing structures; approximate square feet; number of bedrooms; any previous approvals granted to the property): I Description of Development Application: Have you attached the following?y, • Response to Attachment/ Minimum Submission Contents • Response to Attachment?Specific Submission Contents • Response to Attachment �, Review Standards for Your Application 1 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Applicant: Address: Zone district: Lot size: Lx� Aft Allowable FAR: Proposed FAR: Existing net leasable (commercial): Proposed net leasable (commercial): Existing % of site coverage: Proposed % of site coverage: Existing % ,of open space: Prccosed % of open space: Existing maximum heignt: Princioai bido: Accascry oido: Prceosee max. height: Pnncmal bido: Accessary bida: P-coosed % of demolition: Ex-isting number of bedrooms: P,cccsed number of bedrooms: Existing on -site parking spaces: Cn-site parking spaces required: SeTtacks Existing: Minimum required: Proposed: Front: Front: Front: Rear: Rear. _ Rear. Comoined Combined Combined Front/rear. Front/rear: Front/rear Sice: Side: Sipe: Side: Side: Side: Ccmbineo Combined Combined S ices: S ides: Sides: Existing nonconformities or enc; cachments: Variations requested: (H.PC has the ability to vary the following requirements: setbacks, distance between buildings, FAR bonus of up to 500 sq.ft., site coverage variance up to 5%, height variations under the cottage infill program, parking waivers for residential uses in the R-o, R-15, RMF, CC, and O zone districts) r-- ATTACHMENT 3 MINIMUM SUBMISSION REQUIREMENTS ALL DEVELOPMENT APPLICATIONS 1. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current ' status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) I� 11 t 1 1 i 1 1 1 1 i 1 1 1 1 1 1 1 ATTACHMENT 4 Specific Submission Contents Conditional Use Review The request a Conditional Use Application shall contain the following items: l . The general information required in Section 26.52.030. 2. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application. 3. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. 4. Written response to the review standards. Fx�. -�. h" 1 1 i 1 1 1 1 i 1 1 1 ATTACHMENT 4a Specific Submission Contents Conceptual PUD Development Plan 1. Conceptual development plan. a. Contents of application. The contents of a development application for a conceptual development plan shall include the following. (1) The general application information required in Common Procedures, Section 6-202; (2) A conceptual description of the proposed planned unit development (PUD). This shall include but not be limited to a statement of the objectives to be achieved by the planned unit development and a conceptual description of proposed land uses, building heights and locations, landscaping, open space, natural features, and accessways; (3) A statement conceptually outlining how the proposed PUDdevelopment will be served with the appropriate public facilities, and how assurance will be made that those public facilities are available to serve the proposed development; and (4) A conceptual site plan, illustrating: (a) Existing natural and manmade features. (b) General configuration of proposed land uses, access ways, and existing and proposed utilities. (c) A general landscaping plan and elevations or other architectural renderings of the proposed improvements, which at a conceptual level, depict general site design features, building mass and height, and relation to natural features of the site. b. Effect of approval of conceptual development plan. Approval of a conceptual development plan shall not constitute final approval for a planned unit development (PUD), or permission to proceed with development. Such approval shall constitute only authorization to proceed with a development application for a final development plan. C. Limitation on approval of conceptual development plan. A development application for a final development plan shall be submitted within one (1) year of the date of approval of a conceptual development plan. Unless an extension is granted by the city council, failure to file such an application within this time period shall render null and void the approval of a conceptual development plan. at4a.concept.pud 2 ATTACHMENT 4 Specific Submission Contents Exemption from Stream Margin Review By Planning Director The request for Planning Director approval of an Insubstantial Amendment or Exemption shall contain the following items: 1. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. 2. Such site plan drawings or elevations as may be necessary to adequately evaluate the proposed amendment or exemption. 3. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. 4. A copy of any recorded document which affects the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red -lined" onto a copy of the original document. att4.exemp.stream.pd ATTACHMENT I' SPECIFIC SUBMISSION REQUIREMENTS All applications for DRAC review must include the following information: 1. Neighborhood block plan at 1"=50' (available in the City Engineering Department). Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). 2. Site plan at 1 "=10'. Show ground floors of all buildings on the subject parcel, as proposed, and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography of the subject site with 2' contours. 3. All building elevations, roof and floor plans at 1/8"= 1'0. 4. A graphic verification that the project meets or does not meet the "Primary Mass" standard. 5. Photographic panorama. Show elevations of all buildings on both sides of the block, including present condition of the subject property. Label photos and mount on a presentation board. 6. A written explanation of the requested variance and a discussion of why a variance would be appropriate and would not compromise the intended goals of the "Residential Design Standards." The applicant may provide any offsetting design features that may mitigate impacts of the variance requested. J J A crnil . x Z 1 LIST OF PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT ASPEN CONSOLIDATED SANITATION DISTRICT Parcel ID No. 2737 073 00854 ' This list was compiled by accessing the Pitkin County Assessor's Public Record via the Pitkin County Assessors' Web Site — Database Search as the records appeared on 1/14/98 and 1/15/98. Several addresses were not available via the Web Site (approximately 6 names) and those records were requested via telephone conversation with Angie & Renee of the Assessor's Office (on 1/14/98 and 1/5/98), and the information give to us by the staff was then entered onto this list. ' 2737073 00012 2737073 00013 John F. Baldwin, Jr. Roaring Fork Ventures LLC Mrs. St. Andrew Roine 557 N. Mill Street POB 502 Aspen CO 81611 Aspen CO 81612-0502 273707300048 ' 2737072 00026 Mill Street Venture c/oFWMC Marc & Karen Friedberg POB 1112 POB 8747 Crested Butte CO 81224-1112 Aspen CO 81612-8747 2737073 05003 273707300010 Aspen Center for Environmental Studies Tercero Corporation 100 Puppy Smith Street Oklahoma Corporation Aspen CO 81611 4400 One Williams Center Tulsa OK 74172 2737073 00853 Lone Pine Road Right -of -Way 2737073 00859 Aspen Art Museum 2737072 13001 2737073 04851 Electric Switch Station 2737073 03851 Lakewood Addition Oden & Company 2737073 31851 Jenny Adair Park ' POB 660 2737073 52853 Trueman Lot 3 Aspen CO 81612-0660 City of Aspen 2737073 00001 130 S. Galena St. Aspen CO 81611 Oden Enterprises c/o Nancy Oden 273707300861 POB 660 Aspen CO 81612-0660 Mill Street Parcels Pitkin County 506 E. Main Street Aspen CO 81611 2737073 52852 R009231 - 273707354706 2737 073 52 852 (R014175) 011ie Ubrach United States Postal Service POB 11223 Western Region Aspen CO 81612 San Bruno CA 94099 R009232 - 27307354707 TRUEMAN CENTER Cyndy A. Reid & Gregory L. Hanle 273707352001 POB 4221 273707352004 Aspen CO 81612-4221 Trueman Aspen Co., an LP R009233 - 273707354708 94 N. High Street Suite 50 Dublin OH 43017 Brigitte T. Birrfelder Lone Pine Apts. LONE PINE TH 0155 Lone Pine Road A-8 Aspen CO 81611 R009226 - 273707354701 R009234 - 273707354709 Jason M. Lasser POB 8941 Dorothy Ann Sharp Aspen CO 81612-8941 0155 Lone Pine Road A-9 Aspen CO 81611 R009227 - 273707354702 R009235 - 273707354710 Gayle A. Godwin POB 10776 Marilyn K. Foss Aspen CO 81612 POB 10149 Aspen CO 81612 R009228 - 273707354703 R009236 - 273707354711 Pauline E. Ingram 0155 Lone Pine Road A-3 Blair S. Elliot Aspen CO 81611 0155 Lone Pine Road A -I I Aspen CO 81611 R009229 - 273707354704 R009237 - 273707354712 Franklin P. Adriance, III 0155 Lone Pine Road A4 Charles C. Dale & Sandra G. Pena Aspen CO 81611 POB 9505 Aspen CO 81612-9505 R009230 - 273707354705 R009238 - 273707354713 Vitashka Kirshen 0155 Lone Pine Road A-5 James R. Guffey Aspen CO 81611 POB 2158 Aspen CO 81612-2158 R009239 - 273707354714 R009247 - 273707354722 Anthony R. Bell Mary Katherine Etheridge POB 449 POB 1462 Aspen CO 81612-0449 Aspen CO 81612-1462 R009240 - 273707354715 R009248 - 273707354723 Virginia C. Straka Richard Sherman 0155 Lone Pine Road A-15 0155 Lone Pine Road B-3 Aspen CO 81611 Aspen CO 81611 R009241 - 273707354716 R009249 - 273707354724 Della J. Pegolotti & Jack Vickery James Robert Perlmutter POB 12360 POB 11385 Aspen CO 81612 Aspen CO 81612 R009242 - 273707354717 R009250 - 273707354725 Johme C. Mickles & Perri A. Madison Barbara L. Norris 0155 Lone Pine A-17 POB 1629 Aspen CO 81611 Aspen CO 81612-1629 R009243 - 273707354718 R009251 - 27370734726 Peter & Pam Maines Elizabeth Farson 0155 Lone Pine A-18 POB 10602 Aspen CO 81611 Aspen CO 81612 R009244 - 273707354719 R009252 - 27370734727 Thomas R. O'Brien & Dominic C. Lanese Stan Snyder 0155 Lone Pine Road A-19 0155 Lone Pine Road B-7 Aspen CO 81611 Aspen CO 81611 R009245 - 273707354720 R009253 - 273707354728 Thomas Voorhies Peter J. Platek POB 619 0155 Lone Pine Road B4 Aspen CO 81612-0619 Aspen CO 81611 R009246 - 273707354721 (says Unit B-1 in R009735 - 273707371001 records, but mailing address states A-2) Zuhair H. Fayez Shirley M. & Paul V. MacDonald c/o Fayez Properties NV 0155 Lone Pine Road A-2 777 29'h Street Suite 202 Aspen CO 81611 Boulder CO 80303 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 R009736 - 273707371002 Schultz Living Trust Roger & Priscilla Schultz Trustees 3849 Paseo Del Campo Palos Verdes Estates, CA 80274 R009737 - 273707371003 Synergy Partnership & Eileen Rostad 610 E. Hyman Ave. Aspen CO 81611 R009738 - 273707371004 Francis Ginsburg POB 9961 Aspen CO 8 1612-9961 R009739 - 273707371005 Jerome D. Ginsberg c/o Lansco Corp. 866 Third Ave., Suite 2800 New York, NY 10022 R009740 - 273707371006 John C. Ginn POB 256 Aspen CO 81612-0256 R009741 - 273707371007 Trust of Beverly Trupp of 1996 887 Red Arrow Trail Palm Desert CA 92211 R009742 - 273707371008 Mrray C. Pitt 2000 Town Center Suite 1350 Southfield MI 48075 R009743 - 273707371009 Dr. Morris Barton MD 6245 N. 24' Parkway, Ste. 1005 Phoenix AZ 85016 R009744 - 273707371010 Sam Shamie & Mark Richman, I 26111 W. 14 Mile Road, Ste. LL-4 Franklin MI 48025 R009745-273707371011 Glenn & Carol Center Daly 300 Puppy Smith St, 205-305 Aspen CO 81611 R009746 - 273707371012 Alexander Garrett Kaspar POB 12061 Aspen CO 81612 COMMON GROUND R014676 through R014696 273707378701 John R. Wedum 101 Independence Place Aspen CO 81611 273707378702 William Reid & Jaqueline Lee Boughton 102 Independence Place Aspen CO 81611 ir�Ill��l�IIIC�E:I►I�Jc Jo -Ann Hall 103 Independence Place Aspen CO 81611 27377378704 Dianne L. Garzoli 104 Independence Place Aspen CO 81611 273707378705 2737078713 Michael David Sladdin Kirk Brunswold & Tammie Lane 205 Independence Place 413 Independence Place Aspen CO 81611 Aspen CO 81611 73707378706 2737078714 Thomas & Silke Buesch Roya Beklik 206 Independence Place 414 Independence Place Aspen CO 81611 Aspen CO 81611 273707378707 273707378715 David Michael & Michelle Franklin Michael C. Ireland 207 Independence Place 225 N. Jill St #203 Aspen CO 81611 Aspen CO 81611 273707378708 273707378716 Beatrice M. Haggerty Marcia L. Goshorn 308 Independence Place 516 Independence Place Aspen CO 81611 Aspen CO 81611 273707378709 273707378717 Richard & Susan De Campo Monika Holmstedt 309 Independence Place POB 1141 Aspen CO 81611 Aspen CO 81612-1141 273707378710 273707378718 Michael S. & Elaine Johnson Bonds Michele McClinton 310 Independence Place 618 Independence Place Aspen CO 81611 Aspen CO 81611 273707378711 273707378719 Laurence H. Bielfield Connie Lyn Boguess 311 Independence Place 619 Independence Place Aspen CO 81611 Aspen CO 81611 273707378712 273707278720 Mark A. Kirch Jon & Mill Bowman 412 Independence Place 620 Independence Place Aspen CO 81611 Aspen CO 81611 ' 273707378721 ' Christine A. Hipp 621 Independence Place Aspen CO 81611 02/12/98 12:00 09TO 925 2537 ACSD 40002 P�e n� lX 3 Bruce Matharlp Aspen Consolidated Sanitation District 565 north Mill Street Aspen, Colorado 81611 February 12, 1998 Chris Bendon Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Consolidated Sanitation District SBA Plan Dear Chris: This letter authorizes Glenn Horn of Davis Horn Incorporated to submit the Aspen Consolidated Sanitation District SPA Plan and represent the District in the City of Aspen land use review process. Please contact Tom Bracewell at 925-3601 if you have any questions pertaining to the land use application. Thank you. Sincerely, �-)'Akf�� Bruce Matherly Aspen Consolidated Sanitation District 02/12/98 12:00 V970 923 2537 ACSD 160001 ASPEN/PnXIN CONIMUNPUY DEVELOPMENT DEPARTMENT Agr enmt for Paymcat of City of Aspen DevelopmentAppfication Fees (PIMW Print Clearty) . CITY OF ASPEN (ham CITY) and A-spr-n C c» �i,74 r< c-i - ' APPLICA ACC AS FOLLOWS: (hacnaxzer `�A sn. .. to C?'?'Y an =ii�ion for A =,-, : �. a-• srr� c-� s P THE PROJECT). VpLJC_-A jNT u drrrs� and agrees that City of -�sren.OrdinanceRio. 43 (Series of ' 996) cstabi saes a fee structure for iaad use arlpiicaxions and The oavmeat of ail processingprocessmg tees is a condition prec-4dent -o a of application completeness. 'C�NT and CITY nee that because of :he size. 3atuze or scope or the m-=osed project, it is not possible at :his time to ascertain tc find er..ent of the costs invoivea M orocrssing the xmdcsuon. :ur e! afire~ mar _s in :tie u,re:est of trie parties to allow ' AP°LiC��7 o make aavme= or an nrnai aeuosit anQ :o mereaite: pe-mit acditiouai costs .o be billed to APDT :C:\,N-7 on a monthly basis_ _fit DLiC �� i azs ae %vill be . :e.:ten b�-�.ainmg gyre; :.ash dquidir; and will =aice aaamonai zz ments Soon ;otiz C=0a by the ' �"`_' 'A,U-11�.e� ' are necessary as costs are mc-xr _ C'_"'`_' agrees it wil.' be hrouab the <?,-,Arez7 c mnr� of _ recovering its ;uil costs .o process aPDL C_ N4 7S anpiication. C:1Y and ,LPL iC 3N ► ;Z1ttj = agree tat it i5 im. ,.cdcabie for Ci IY staff -o compie*e proceessing or present sul cie:.t :n,fb=m on to to ?lamming Cornm«sion andor Ciry Councii :o enabie tine 1.1lannin7 Commission and/or City Counerl to make :ezaily required Endings for project aatroval. Mess Z'J=t -,a are laid n fail =or to deci,;on. ze:e:ore, APDT :C.�:`� ems t= ; �;-O=Q=Mc : or he C: 3 waive. or :ts rig..^t .o collect Elul .ees prior to a deremiina on of application mrnrletemess. APPL :CAS':" shall pay an initial deposit is the amount of S wluca is for hours of Plannin- smff time, and if al acturecorded costs exceed the initial deposit. APPLICAO71 shall pay additional monTEy billings to CITY m reimburse the C= for the processing of the application mentioned above. herding post approval review_ SucH pciomc payments shah cc osade Thzthin 30 days of -Ie to g daze. APPLICANT further agrees *.hat failure to pay suca ac,.^-ued costs shall be ; oumds For suspension of processing. CITY OF A.SPEY APPLICANT Signature: �•.- -.- � ,..mot„ .,..� Stan auso Datet f i 9 Community Development Director Printed Maine: City of Aspen Mai -in; :address: r AC-QC o STEWART TITLE OF ASPEN, INC. OWNERSHIP AND ENCUMBRANCE REPORT Order No.: 00024169 PREPARED FOR: ASPEN CONSOLIDATED SANITATION DISTRICT STEWART TTILE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this oftre that title to. - See Attached Legal Description situated in the County of Piddn, State of Colorado, appears to be vested in the name of., ASPEN SANITATION DISTRICT and that the above described property appears to be subject to the following liens: 1. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in the United States Patent. 2. Basement for sewer granted to Aspen Metropolitan Sanitation District by Aspen Sanitation District, recorded November 26, 1969 in Book 244 at Page 688 as Reception No. 138076. 3. Agreement between the Board of County Commissioners of Pitkin County, Colorado and Aspen Sanitation District, recorded October 2, 1979 in Book 376 at Page 948 as Reception No. 228459. 4. Underground Right -of -Way Basement granted to Holy Cross Electric Association, Inc. by The Aspen Sanitation District, recorded February 17, 1982 in Book 422 at Page 169 as Reception NO. 239266. 5. License Agreement between Aspen Consolidated Sanitation District and The City of Aspen, recorded October 17, 1991 in Book 659 at Page 191 as Reception No 337506. 6. Plat entitled Aspen Water Plant annexation to the Aspen Metro Sanitation District, recorded February 19, 1981 in Plat Book 11 at Page 12 as Reception Continued on next page EXCEPT anv and all taxes and assessments. EXCEPT all easements, rights of way, restrictions and reservations of record. This report does not reflect any of the following matters: (1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. (2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statue of limitations has expired, whichever is the longer period. (3) Unpaid tax liens which, from date of payment, antedate the report by more than seven years. Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen. Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any statement contained herein. Dated: September 15 1997 at 7:30 A.M. , at Aspen, Colorado STEWART TTTLE OF ASPEN, INC. By: A horized Signature _Continuation of Ownership and Encumbrance Report Order Number: 00024269 No. 230980. 7. Plat entitled Aspen Consolidated Sanitation District Office Expansion and Vehicle Storage Facility, recorded January 28, 1994 in Plat Book 33 at Page 76 as Reception No. 366300. SENT BY:Xerox Telecopier 7020 ;10- 2-97 : 16:53 : A. C. S. D. - 970 925 1384;1t 2 dAA a�—w a. Tr. BMW BWk loot • LNe. a, colt. Oa. 9W *beit. � t69 � d loll dq� ,"dam Nnrae4 also h�"d and fifty ■even LOW AI2ta4DIST at w ownty d Pitkin aM stab d poimado, d the am pert, -d ASPEN SANITATION M STRICT, duly organised pursuant to Chapter 89e 0. R . 8 • a 1953 ad stw d Aelondo, d tote onad part. ed O..aty of Pitkin w7eaa,sgll� Tfat t►. rod part y of w ant Peet foe aadfo aoaddsniio. d w a d TEN DOLLARS and other valuable considerations ------"-''�' to th. rW Pee► y of W ant part 1n ►and pall by the aid Peet y of the mood p kt �rda Whereat r Web! .od...d ad eaknowtedsed. t. ■ rel.nd, eeiw.d, sold. moved � � ita ftj A= nutty, "km^ ee4 WPM "A Q�OUIaa unto w aid pen y m e.d b th.•follewbs foneee, .n the Hatt, #A" InU-dl .le1B end demand .Web w Mid Pe*t y of the Oeet pee4>>. a rtWte. Was aA d..erih.d parcels of land MA Pitkin MA state of 00%M11% to -it: blot d w of the SMt} of Section 7, L"tract of land within the Nw} Township 10 Southe Range 84 west, 6th P. M. of the NW} o� the SWt Oo=sncing at the Southeast oorner of Section 7, Township 10 South, Range- 84 Weet; thence N. 89c321 West along the South line of said Nub - division a distance of 184.4 fe thence We 530351 west 335.0 ft. i thence N. 10 151 Wesst 100*0 t st 217.0 ft.ito true point of beginning thence N. 7 45 of the tract herein conveyed; thence Be 82 151 West a distance of 303oO ft, to a point 50 ft. easterly measured at right angle s from the center line of main track of the As Branch of the Denver & Rio Grand Railroad Cc thence N. 0 15t West parallel with and 50 ft. easterly from center line of main track a distance of about 585 ft. to the southerly bank of the Roaring Pork River; thence easterly and Southeasterly along the t. southerly bank of sai ing Fork River j3leOtanoeof to point f of beginning, ae; hence S. 7 451 E contain; 3.79 acres more or less. Subj t, however, to all existing easements, licenses, rights, r -of-way for pipe lines, pole and wire lines, roadse ditches or otherwise upon, along, over or across the land herein above described. "•..„ �• • % �. t , wfth all and dngulm the wPuraeanoea lad �r tboeamto bdoo&g �. Sam do tame. Together of w .eld paw d i r �• • . app.RainhK, and a➢ the atate, right, tlti , internal and &Wm whahoam y i ai the add peel of the wood p" w or equity, to only propo use, bomdt and beboof y on ipa, forever. no sold part y d the fh.t pert 4 ■ h beat her hoed sad erl '• I)OBVIrld in of STATIC of j Oe�b ot .duowledged 1, k a thin by' LOLY RINOQvIST y j y� (�Otog IeatrL day of'19 Q.^j(_ ltl 57 wlleeaa o0' head •nd efbeW eee7�� y Nos�sr Pwse+e. ell rYsn Y ;rat r r.,rr�.Mtr..7e.r4. t.nA leer ..a a- ass, .r redo sell ter ee.- r.Yaa TWINE 1SLII L. rune a D. mQDMM 94M I �........... ���■ ASPEN CONSOLIDATED SANITATION DISTRICT 0 i Y VICINITY MAP � ASPEN IMPROVEMENT SURVEY MAP OF VIII Rqj l G O 4 ' kR 7836 TREES \ +Cb \ \ \ \ \\ SPA v / GRAVEL / \ \ PARKING 7842 7844 PVC WATER VALVE 6• MANHOLE / \ TRASH CAN i , / O )' I 1 1 \ / HOLDER n \ _ LKi1 POLE OI 1 1 \ PVC STAND 1 elf TWO STORY 11 1 1 1\ APARTMENT BUILDING I 1 � 1 /SPA WELL HOUSE \ 1 1 I � 1 7842 \ 1 SWITCH 7844 x 7846 7848 GARAGE 1► ` ` \ \ ` \ / �— — — — 7846 r'� WATER FIRE VALVE '.HYDRANT 7846 _ —/ SANITARY HOLE O \ ` TEES x \ x GRAVEL :GAL ACTION R YOU FIRST ANY DEFECT IN THIS THE CERTIFICATION / / r 1 ` CONCRETE / GAS PLIMP 1 1 Na+�oLe 1 O 1 1 1 METAL SHED / �— g 82-15 W o LtNT ASPHALT PART NG rA MAINTENANCE SHOP CJ — -- SWIT --- —1ABIIET eLOC1K WALL 3p3,0' CENTERLINE 15' WIDE WATER LINE EASEMENT w �o S MANHOLE \ • O OFFICES 7848 MANHOLE THE TRACT OF LAND AS RECORDED IN BOOK 336 AT PAGE 475, COUNTY OF PITKIN, STATE OF COLORADO • Graphic Scale 30 0 TS 30 ( In Feet ) Scde: i'=30' Date: 0818.97 LAND SURVEYOR'S CERTIFICATE I, NOEL L. POTTER, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, HEREBY CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, 08.18.97, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING AOY PART OF SAID PARCEL, EXCEPT AS NOTED. will RE L 26296 CROSS COUNTRY SURVEYS, INC. HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS RECORDED/UNRECORDED, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. Surveys, Inc. aM ,rFRoad North EA