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Home My WebLink Aboutcoa.lu.gm.West Hopkins Rezoning.A18-91 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 3f 9/91 PARCEL ID AND CASE NO. DATE COMPLETE: - /2 `If i 5:7135 -12:3- 0-0a15- A18-91 ti } STAFF MEMBER: W. LL PROJECT NAME: West HopkindCRezoni g ' - -e - - • _ _ _ - g: - - - - - - . - ^ • __Open'_ Project Address: N.E. Corner of West Hopkins Ave. & So. 7th,Aspen Legal Address: Parcel A:Lots F,G&H,Block 33 ; Parcel B:Lot 5, Block 5, Aspen, Colorado APPLICANT: Aspen/Pitkin County Housing Authority Applicant Address: 39551 Highway 82 , Aspen, CO REPRESENTATIVE: Robert Nevins, Aspen/Pitkin Housing Authority Representative Address/Phone: 39551 Highway 82 Aspen, CO 81611 920-5050 PAID: YES NO AMOUNT: N.C. NO. OF COPIES RECEIVED 30 TYPE OF APPLICATION: 1 STEP: 2 STEP: /. P&Z Meeting Date l%' t^- PUBLIC HEARING: t YES, NO 1 c %_ L �,�� a.?- VESTED RIGHTS: YES NO 7 CC Meeting Date C . f PUBLIC HEARING: ( E NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: X City Attorney Mtn Bell School District XCity Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) >C Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector Envir.Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center /l DATE REFERRED: -21-c725-97/-21-c725-97 INITIALS: (n� FINAL ROUTING: DATE ROUTED: a/ INITIAL: 61i City Atty City Engineer-2< Zoning Env. Health Housing Other: -_'- - 1 .A., ) a. .L 7- FILE STATUS AND LOCATION: ._/ (d . - (� (4kU ORDINANCE NO. 27 (SERIES OF 1991) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FROM MEDIUM-DENSITY RESIDENTIAL (R-6) TO AFFORDABLE HOUSING (AH) LOTS K,L,M, & N BLOCK 19, THE SOUTHWEST CORNER OF WEST HOPKINS AVENUE AND SOUTH SEVENTH STREET, ASPEN COLORADO WHEREAS, pursuant to Section 24-7-1102 of the Municipal Code the applicant, the Aspen Pitkin County Housing Authority, has submitted an application for a map amendment for the rezoning of Lots K, L, M, and N, Block 19, the southwest corner of West Hopkins Avenue and South Seventh Street, from R-6 (medium-density residential) to AH (affordable housing) ; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on June 4 , 1991 to consider the map amendment at which time the Commission reviewed the application; and WHEREAS, the Commission considered the representations and commitments made by the applicant and finds that the rezoning application complies with Section 24-7-1102 and is not in conflict with any applicable portions of Chapter 24 , is consistent with the elements of the Aspen Area Comprehensive Plan, is compatible with surrounding zone districts and land uses, is consistent and compatible with the community character in the City of Aspen, and is in harmony with the purpose and intent of Chapter 24 of the Municipal Code; and WHEREAS, the Commission recommends approval to the City Council rezoning the parcel from R-6 to AH; and WHEREAS, the Aspen City Council having considered the Planning and Zoning Commission's recommendation for a map amendment does wish to grant the requested map amendment for the southwest corner of West Hopkins Avenue and South Seventh Street, Aspen Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant rezoning of the southwest corner of West Hopkins Avenue and Seventh Street, Lots K, L, M, & N Block 19 , Aspen Colorado from R-6 (medium-density residential) to AH (affordable housing. Section 2 : The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 1 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 3 : That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4 : If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 : This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the Ordinance shall be held on the day of August 12 , 1991 at 5: 00 P.M. 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 one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the a1`c4 day of 1991. John Benne t, Mayor ATT ST: Kathryn(0. Koch, City Clerk FINALLY, adopted, passed and approved this /PS`s day of a C ,u..-!' , 1991. John ennett, Mayor ATTEST: ®_ IA ->!, Kathryn S Koch, City Cl - k TO: Mayor and Council THUR: Carol O'Dowd, City Manager THRU: Amy Margerum, Planning Director Leslie Lamont, Planner RE: West Hopkins Map Amendment R-6 to AH - Second Reading Ordinance 27, Series 1991 DATE: August 12, 1991 SUMMARY: The Housing Authority proposes to rezone the West Hopkins Avenue parcel from Medium-Density Residential (R-6) to Affordable Housing (AH) . Subsequent to rezoning the applicant will submit a development plan containing all the pertinent reviews for the development of this parcel and this will also be reviewed by Council. The Planning and Zoning Commission reviewed this application at their June 4 meeting and recommend approval of the rezoning from R-6 to AH. Council adopted Ordinance 27, on First Reading, at the June 24, 1991 meeting (please see attached Ordinance) . The memo packet for first reading of the Ordinance included the Housing Authority's application for rezoning. Please refer to the application for review of the rezoning for second reading and the attached site plans. COUNCIL GOALS: This application is consistent with Council's goals #1 - to ensure that an adequate amount of affordable housing is available. . . ; and #2 - to encourage growth that will reinforce our sense of community and re-enfranchise those who now are forced to move away. PREVIOUS COUNCIL ACTION: In 1990, City Council bought the West Hopkins parcel and entered into an agreement with the Housing Authority to develop the parcel. APPLICANT: Aspen/Pitkin County Housing Authority LOCATION: Southwest corner of West Hopkins Avenue and South Seventh Street, Aspen Colorado Lots K, L, M & N Block 19 ZONING: R-6, Medium-Density Residential BACKGROUND: As part of the comprehensive approach to the City's housing dilemma the City Council adopted Ordinance 59 establishing an Affordable Housing Zone District (AH) . The AH zone enables an applicant to rezone land for the purposes of affordable housing. Recently 65 potential sites for in-fill housing were identified. Given the criteria for development, the West Hopkins parcel was a top-priority provided the site's imminent development, availability of land, neighborhood impacts, political feasibility, potential to serve multiple markets, environmental impacts and other subjective factors. The Housing Authority proposes to rezone the West Hopkins parcel to AH for 100% affordable housing. The Authority will submit a full development/subdivision plan for review by the Commission and Council after rezoning. In 1988, the West Hopkins parcel was annexed into the City and rezoned R-6. The 12,000 square foot vacant parcel is on the corner of West Hopkins Avenue and South Seventh Street near the base of Shadow Mountain. There are no natural hazards associated with the site and it is relatively flat averaging a 2 .5% grade. Vegetation consists of native grasses and weeds. Two cottonwoods (7" and 10" caliper) are within the southeastern boundary and several clusters of multi- stemmed cottonwoods exist to the west of the property. An irrigation ditch parallels the South Seventh and West Hopkins boundaries. The parcel abuts the alley and utility lines are proximate and contained underground within the public street rights-of-way and/or alleyway. Several utility boxes are located at the north-west corner of the property. There is a three story building containing 5 townhomes located east of the parcel. Across the alley to the northeast is a recent, neo- Victorian office building. A vacant parcel lies to the north directly across the alley. Across South Seventh Street to the west are stables, corrals, and pasture/open space. A contemporary, single-family residence is located to the southwest and an older, single-family residence, barn and remnant tramway are directly across the street on West Hopkins Avenue. The townhomes to the east are zoned R-15, the block along Main Street is zoned Office, and the parcels to the west of South Seventh Street and south of West Hopkins Avenue are in the County and zoned R-15. PROBLEM DISCUSSION: A. Project Summary - Many opportunities exist for development of this site. The neighborhood is a mixed-use neighborhood and was identified as such as early as the 1973 Aspen Land Use Plan. Minimal site preparation is involved. No natural hazards, critical wildlife habitat, or endangered vegetation exist on the site. All public services are in place with the capacity to serve the site. 2 The site is within walking distance of downtown (10 blocks) and is served by bike and bus routes within one block. In addition, the site has excellent views to the south, southwest and north. The applicant proposes to construct a mix of 11 affordable, deed- restricted residences on the parcel with 11 off-street parking spaces. Potentially the development may contain: two 3-bedroom townhouses, six 2-bedroom townhouses, and three 1-bedroom units. Eight townhouses could be contained within two 4-plex buildings while the 1-bedroom units could be above single-car carports along the alley. According to the application, this conceptual plan incorporates traditional, planning concepts and is reflective of the development within Aspen's original town-site. Primary residential building will be oriented to the public streets while the "carriage houses" and parking will occur off of the alley. The goal is to achieve a livable, human-scale residential development consistent with the Shadow Mountain neighborhood. The buildings are envisioned to be two story with varied facades. Entry ways will provide individual identity and privacy for each residence. The attached application includes site plans and floor plans. The following tables, from the application, detail the dimensional requirements applicable in the AH zone. These are provided at this conceptual stage to help the review bodies envision the development potential of the site. The exact development plan has yet to be defined. The Housing Authority is in the process of hiring an architect to develop a specific development plan. The propose of the schematic description is for illustrative purposes. 3 ' Table 4.1 Dimensional Requirements Criterion Standard Proposal 1 Minimum front yard 10' 10 ' I Minimum rear yard 10' 10 ' :I 1 _i Minimum side yard 5' 5 ' Minimum distance between buildings 5' 11 ' Maximum height 25 ' 30' (by special review) 30 ' - Minimum lot size 3,000 sq. ft. 12,000 sq. ft. I i Minimum lot area/unit 1 bdrm: 400 sq. ft. 3 @ 400 = 1,200 sq.ft. 2 bdrm: 800 sq. ft. 6 @ 800 = 4,800 sq. ft. '1 3 bdrm: 1,200 sq. ft. 3 @ 1,200 = 2,400 sq. ft. Minimum lot area total = 8,400 sq. ft. 12, 000 sq.ft. 1 7 Maximum F.A.R. 1. 1: 1 0.87 : 1 I 1 _] Maximum Floor Area 13,200 sq. ft. 10,400 sq. ft. (12, 000 sq.ft. lot) Minimum open space (%) Special Review 48% Open space Special Review 5,760 sq. ft. Off-street parking Special Review 11 spaces J 1 11 1 ' 1 4 1 I I I I1Table 4.2 I _ , Development Data Number Unit type No.Bdrms. No.Baths Height Size I 1 Category 1 I ! 2 "Carriage House" 1 1 2 floors 490 sq. ft. Jabove parking ( 1 Category 2 1 "Carriage House" 1 1 2 floors 520 sq. ft. above parking I ] 4 Townhouse 2 1 1/2 2 floors 880 sq. ft. 1 Townhouse 3 1 1/2 2 floors 960 sq. ft. 17 Category 3 Il 2 Townhouse 2 1 1/2 2 floors 960 sq. ft. .} 1 Townhouse 3 1 1/2 2 floors 1, 110 sq. ft. I -I 11 Units total Total net livable 9, 010 sq. ft. II 1' 5 B. Referral Comments - The following entities have reviewed the application and have made the following comments: Engineering: Having reviewed the above referenced application, the department has the following comments: 1. It should be noted that this parcel was annexed in December 1988 and rezoned from R-15 to R-6 in early 1989. During the rezoning review the engineering department had a comment regarding the right-of-way width on West Hopkins Street. Hopkins Street right-of-way is 75 feet all through town, except in front of the proposed amendment were it narrows to 56 feet. This area has become increasingly congested with pedestrians, bicyclists, and motorized vehicles. In addition, snow removal is difficult. In that the proposed amendment will increase traffic generation and off-street parking it is staff's request that the applicant pursue widening and improving Hopkins Street to a uniform right- of-way width of 75 feet. This would coincide with the Board of County Commissioners of Pitkin County's intention to widen and improve South Seventh Street. 2 . If the Bikeway and Pedestrian Plan requires the applicant to install sidewalks, they must conform to the City of Aspen sidewalk, curb and gutter specifications. 3 . The applicant should be advised that because of the increased density there is potential for electric, communication and cable television easement requests on their parcel. 4. Given the continuous problems of unapproved work and development in public rights-of-way, we would like the following condition of approval: The applicant shall consult city engineering for design considerations of development within public rights-of-way and shall obtain permits for any work or development within public rights- of-way from city streets department. 5. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 6. The Aspen Sanitation District has adequate capacity to serve this proposal given the 11 unit conceptual plan. Water: The City of Aspen does have adequate facilities to supply water to this proposed development. Both Hopkins Avenue and Seventh Street have water mains of sufficient size to provide fire suppression and potable water. The Water Department would request that the existing Pacific States 6 fire hydrant located on the southwest corner of Seventh and Hopkins be replaced with a new City Standard hydrant. The City will supply the hydrant. Public Project Review Group - On May 2, 1991, members of the Public Projects Review Group met at City Hall to discuss the initial design and site planning aspects of the proposed affordable housing project in the 700 block of West Hopkins. The PPRG was created by City Council approximately one and a half years ago, when the community asked Council to appoint a board skilled in design to review all projects involving public funds. The purpose of this meeting was to review the preliminary information to assist Planning and the Housing Authority in determining neighborhood compatibility and conceptual site planning issues. The project itself is in an early design phase, therefore, no architectural design or materials have been called out by the applicant. Relevant to the rezoning application, the PPRG was supportive of the density proposed, finding it to be generally compatible with the character of the neighborhood. Their concerns mostly focused on the site planning, design and landscaping issues, which will be more fully discussed at Subdivision review. One important aspect of this project is the incorporation of all new city policies involving the Pedestrian Walkway and Bikeway Plan, Cottage Infill and Xeriscape principals. These issues were discussed generally, and will be specifically addressed in forthcoming reviews. C. Applicable Review - At this time the applicant is only applying for a rezoning. Pursuant to Section 7-1102 the standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: The proposed amendment is consistent with the purpose of the recently adopted Affordable Housing Zone District which is "to provide for the use of land for the production of low, moderate and middle income affordable housing. . .units. . .The AH Zone District is intended for residential use primarily by permanent residents of the Community. . .Lands in the AH Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents. . . lands in the AH Zone District should be located within walking distance of the center of the City, or on transit routes. " The proposal is also consistent with the goals identified within the Housing Production Plan. The Plan is intended as a guide for City and County officials making housing decisions. The Plan substantiates the need to produce an additional 800 units by 1995 7 if growth within the area continues at its present rate. In an effort to obtain that goal the public sector was identified as the responsible party to produce 463 of those 800 units. The West Hopkins site is part of the 154 units targeted for 1990-1991. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The various elements of the Aspen Area Comprehensive Plan lists several goals that are relevant to the West Hopkins site. As described in the application those goals are: to create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable; to preserve and maintain the existing character of the community; the community should collectively address and resolve its issues and problems by considering the interest of all its citizen; to create a creative non-auto oriented public, mass transportation system which integrates pedestrian and bike trails system with community facilities and services; and to encourage land uses, businesses, and events which serve both the local community and tourist base. The development of approximately 11 affordable housing units, through the Affordable Housing Zone District, is an appropriate approach to dispersed housing development. The proposal is within scale of the surrounding community in order to preserve the character of the neighborhood. The use of tax dollars to develop the site is a collective resolution to an important community issue, while the location of the West Hopkins site integrates the development within the community taking advantage of local services, and bus and bike routes. c. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The Shadow Mountain neighborhood is a collection of multi-family and single family residences, including small lodges. Bordering the neighborhood is Main Street which includes such land uses as residential, office, a church, a restaurant, and an antique store. The parcel is surrounded by a mixture of zone districts. To the north is the office zone and to the east is R-15. The County is south and west of the parcel zoned R-15. The proposed AH zone appears to be compatible with the mixed-use nature of this area. d. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: According to the application, an 11 unit development should generate approximately 33 to 55 vehicle trips/day. The location of the development is within a half block of the Main 8 Street bus route and is on the primary bike route established by the recently adopted Pedestrian and Bikeway Plan. The Marolt bridge which connects to outlying bike routes is also a half block away. The proximity to bike and bus routes should help reduce vehicular trips generated by the project. Within the AH zone, parking is established by Special Review. This proposal is intended to provide one space per unit. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: Based upon the Housing Guidelines, the development should house approximately 25 residents. There are existing utilities on the site or proximate to the site which have the capacity to service the development. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The site is flat with little vegetation. The two irrigation ditches will be protected during development and will be maintained pursuant to the standards identified by the Pedestrian Plan and Historic Preservation Committee. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Affordable resident housing has historically been interspersed throughout Aspen's neighborhoods. The proposal is compatible with the character of the immediate neighborhood, which can best be described as eclectic. The development is also consistent with the various goals and programs that the City has been working on to effectively preserve the local nature of the town and provide housing for working residents. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The recent dislocation of resident employees has reached an almost crisis level with lack of affordable housing. Affordable housing throughout the City has been largely replaced with second homes priced far beyond the reach of the majority of the employees in town. The City, County and Housing Authority have been actively working to counter this trend in a comprehensive manner. The Housing Production Plan approaches the problem from several 9 facets: preservation, production and replacement. The AH Zone District is one avenue available for the public and private sectors to address the community's housing problems. This rezoning is proposed as an attempt to develop new affordable housing integrated into the community. i. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: The amendment is consistent with established public policy. As early as the 1973 Land Use Plan the development of employee housing was a goal of the community. As was discussed above, many plans and policies have been developed to facilitate in the provision of affordable local housing for the community. PLANNING AND ZONING COMMISSION VOTE 6 YES NO RECOMMENDATION: The Planning and Zoning Commission recommends approval of the rezoning of the southwest corner of West Hopkins Avenue and South Seventh Street, Aspen Colorado Lots K, L, M, & N, Block 19 amending the Official Zone District map from R-6 to AH. PROPOSED MOTION: I move to approve Ordinance 27, Series of 1991 on Second Reading. ATTACHMENTS: A. Ordinance 27, Series of 1991 B. Site Plans cc.wst.hopkins.rzg 10 ORDINANCE NO. 27 (SERIES OF 1991) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING FROM MEDIUM-DENSITY RESIDENTIAL (R-6) TO AFFORDABLE HOUSING (AH) LOTS K,L,M, & N BLOCK 19, THE SOUTHWEST CORNER OF WEST HOPKINS AVENUE AND SOUTH SEVENTH STREET, ASPEN COLORADO WHEREAS, pursuant to Section 24-7-1102 of the Municipal Code the applicant, the Aspen Pitkin County Housing Authority, has submitted an application for a map amendment for the rezoning of Lots K, L, M, and N, Block 19, the southwest corner of West Hopkins Avenue and South Seventh Street, from R-6 (medium-density residential) to AH (affordable housing) ; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on June 4, 1991 to consider the map amendment at which time the Commission reviewed the application; and WHEREAS, the Commission considered the representations and commitments made by the applicant and finds that the rezoning application complies with Section 24-7-1102 and is not in conflict with any applicable portions of Chapter 24, is consistent with the elements of the Aspen Area Comprehensive Plan, is compatible with surrounding zone districts and land uses, is consistent and compatible with the community character in the City of Aspen, and is in harmony with the purpose and intent of Chapter 24 of the Municipal Code; and WHEREAS, the Commission recommends approval to the City Council rezoning the parcel from R-6 to AH; and WHEREAS, the Aspen City Council having considered the Planning and Zoning Commission's recommendation for a map amendment does wish to grant the requested map amendment for the southwest corner of West Hopkins Avenue and South Seventh Street, Aspen Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant rezoning of the southwest corner of West Hopkins Avenue and Seventh Street, Lots K, L, M, & N Block 19, Aspen Colorado from R-6 (medium-density residential) to AH (affordable housing. Section 2: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in Section 1 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 3: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the Ordinance shall be held on the day of August 12 , 1991 at 5:00 P.M. 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 one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1991. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1991. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk `� _ ^ - H H CU ' J i u f i S- f c tea-. >, . . o ; I CD r• C 7 CD '�"' '.a '., 1 I ' _ iii f C 6 c /1 H-1 p O S 'ti v b I 0 c C/ J a U cn O a v a ., O ` �L4 C p I m s a, miu N�+ w • ;; n , -- = Q H .� m w .N 5 b C:..•--. ' 6) F'�--1 c1-1 ID 0 17 N w X J u a 11:7r a w • . • O I f r H i 1 1 v ` 3 }! _ - f >r .v (r 1 a a Y 1 E. li l i 7 • ��r .-I ill k, II #!, r dog ,1,1 .,:.‘,,,,,,f , ,,, s 1, , I SAP _ e _ 4 ct li II 1 Or AA0r5r0A1 7 N_T. {l_t_ h ,r_.Ar„iti, e CT 0 4 t ; )) \kit:' -1.._, VD Y. LO CV I Z ( it I I \ N 31 /: ([IA ' I I 1 \ (E\\�I [ cz:. 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I allanra MB CO kit MIN ' 111 �, a Min 1 ..... fi • i ,, __. 1 il C SIM itV 0 qiii- milll• its to ISII t. d 1 a .S V l S 1! -1 r / Ili II y _ _ TT )I I ^,.-i.l.J^H -1^9M y O i "ijillimil r V l� 'wire J . ' e'; .,..,,,,,,,,,,,, r 0 10 �) I a II- t `• `'� vi, ci 3. 1� 14 T t ii r Lrl R � � \IF y 1 :T c I 11 1 • 1 I:rip I 'illa Q �° a r . :00 . 4, 11 MI s 111111111 r) r:) C • L TO: Mayor and Council THUR: Carol O'Dowd, City Manager / P THRU: Amy Margerum, Planning Director i11. FROM: Leslie Lamont, Planner V" RE: West Hopkins Map Amendment - R-6 to AH - First Reading Ordinance , Series 1991 DATE: June 24, 1991 SUMMARY: The Housing Authority, proposes to rezone the West Hopkins Avenue parcel from Medium-Density Residential (R-6) to Affordable Housing (AH) . Subsequent to rezoning, the applicant will submit a development plan containing all the pertinent reviews for the development of this parcel. Attached for your review is the full application submitted by the applicant. The Planning and Zoning Commission reviewed this application at their June 4 , 1991 meeting and recommend approval of the rezoning from R-6 to AH. COUNCIL GOALS: This application is consistent with Council ' s goals #1 - to ensure that an adequate amount of affordable housing is available. . . ; and #2 - to encourage growth that will reinforce our sense of community and re-enfranchise those who now are forced to move away. PREVIOUS COUNCIL ACTION: In 1990, Council bought the West Hopkins parcel and entered into an agreement with the Housing Authority to develop the parcel. APPLICANT: Aspen/Pitkin County Housing Authority LOCATION: Southwest corner of West Hopkins Avenue and South Seventh Street, Aspen Colorado Lots K, L, M & N Block 19 ZONING: R-6, Medium-Density Residential BACKGROUND: As part of the comprehensive approach to the City' s housing dilemma, the City Council adopted Ordinance 59 establishing an Affordable Housing Zone District (AH) . The AH zone enables the rezoning of land for the purposes of affordable housing. Recently 65 potential sites for in-fill housing were identified. The West Hopkins parcel was a top-priority given the criteria of imminence of development, availability of land, neighborhood impacts, political feasibility, potential to serve multiple markets, environmental impacts and other subjective factors . Sec. 7-166 - Change wording from inspector to department. Sec. 7-167 - No change. Sec. 7-168 - No change. Sec. 7-167 thru 7-178 - No change. The Housing Authority proposes to rezone the West Hopkins parcel to AH for 100% affordable housing. The Authority will submit a full development plan for review by the Commission and Council aft-- rezoning. In 1988 the West Hopkins parcel was annexed into the City and rezoned R-6. The 12 , 000 square foot vacant parcel is on the corner of West Hopkins Avenue and South Seventh Street near the base of Shadow Mountain. There are no natural hazards associated with the site and it is relatively flat averaging a 2 . 5% grade. Vegetation consists of native grasses and weeds. Two cottonwoods (7" and 10" caliper) are within the southeastern boundary and several clusters of multi- stemmed cottonwoods exist to the west of the property. An irrigation ditch parallels the South Seventh and West Hopkins boundaries. The parcel abuts the alley and utility lines are proximate and contained underground within the public street rights-of-way and/or alleyway. Several utility boxes are located at the north-west corner of the property. There is a three story building containing 5 townhomes located east of the parcel. Across the alley to the northeast is a recent, neo- Victorian office building. A vacant parcel lies to the north directly across the alley. Across South Seventh Street to the west are stables, corrals, and pasture/open space. A contemporary, single-family residence is located to the southwest and an older, single-family residence, barn and remnant tramway are directly across the street on West Hopkins Avenue. The townhomes to the east are zoned R-15, the block along Main Street is zoned Office, and the parcels to the west of South Seventh Street and south of West Hopkins Avenue are in the County and zoned R-15. PROBLEM DISCUSSION: A. Project Summary - Many opportunities exist for development of this site. The neighborhood is a mixed-use neighborhood and was identified as such as early as the 1973 Aspen Land Use Plan. Minimal site preparation is involved. No natural hazards, critical wildlife habitat or endangered vegetation exist on the site. All public services are in place with the capacity to serve the site. The site is within walking distance of downtown (10 blocks) and is served by bike and bus routes within one block. In addition, the site has excellent views to the south, southwest and north. The applicant proposes to construct a mix of 11 affordable, deed- restricted residences on the parcel with 11 off-street parking 2 Potentially the development will contain: two 3-bearoom townhouses, six 2-bedroom townhouses, and three 1-bedroom units. Eight townhouses could be contained within two 4-plex buildings while the 1-bedroom units could be above single-car carports along the alley. According to the application, this conceptual plan incorporates traditional, planning concepts and is reflective of the development within Aspen ' s original town-site. Primary residential building will be orie. L.cu to C._ - `_'_ic streets while the "carriage houses" and parking will occur off of the alley. The goal is to achieve a livable, human-scale residential development consistent with the Shadow Mountain neighborhood. The buildings are envisioned to be two story with varied facades. Entry ways will provide individual identity and privacy for each residence. The attached application includes site plans and floor plans. The following tables, from the application, detail the dimensional requirements applicable in the AH zone. These are provided at this conceptual stage to help the review bodies envision the development potential of the site. The exact development plan has yet to be defined. The Housing Authority is in the process of hiring an architect to develop a specific development plan. The propose of the schematic description is for illustrative purposes. 3 _I .1 'I Table 4. 1 Dimensional Requirements Criterion Standard Pre----1 _ a Minimum front yard l0 ' 10 ' -1 _ ; Minimum rear yard 10 ' 10 ' .1 Minimum side yard 5 ' S ' _I Minimum distance between buildings 5 ' 11 ' ' > Maximum height 25 ' _ I _ 30 ' (by special review) 30 ' 7 -1 Minimur.. lot size 3, 000 sq. ft. 12, 000 sq. ft. I Minimum lot area/unit 1 bdrm: 400 sq. ft. 3 @ 400 = 1,200 sq. ft. 2 bdrm: 800 sq. ft. 6 @ 800 = 4, 800 sq. ft. =l 3 bdrm: 1,200 sq. ft. 3 @ 1,200 = 2 ,400 sq. ft. Minimum lot area total = 8, 400 sq. ft. 12, 000 sq. ft. i i Maximum F.A.R. 1.1: 1 0. 87 : 1 I ] Maximum Floor Area 13,200 sq. ft. 10, 400 sq. ft. (12, 000 sq. ft. lot) I Minimum open space (%) Special Review 48% Open space Special Review 5, 760 sq. ft. 1 J Off-street parking Special Review 11 spaces ' H L 1 . , 1 i +W 1 2 Table 4 .2 1 j Development Data 1 ] Number Unit type No.Bdrms. No.Baths Height Size I 1 J Category 1 2 "Carriage House" 1 1 2 floors 490 sq. ft. l above parking 1 } Category 2 l JI 1 "Carriage House" 1 1 2 floors 520 sq. ft. above parking 1 4 Townhouse 2 1 1/2 2 floors 880 sq. ft. i Townhouse 3 1 1/2 2 floors 960 sq. ft. J I Category 3 l2 Townhouse 2 1 1/2 2 floors 960 sq. ft. 1 I 1 Townhouse 3 1 1/2 2 floors 1, 110 sq. ft. 1 11 Units total Total net livable 9, 010 sq. ft. I. h7 1, L �, J J Ii1 B. Referral Comments - The following entities have reviewed the application and have made the following comments: Engineering: Having reviewed the above referenced application, the department has the following comments: 1. It should be noted that this parcel was annexed in December 198E and rezoned from R-15 to R-6 in early 1939 . During the rezoning review the engineering department had a comment regarding the right-of-way width on West Hopkins Street. Hopkins Street right-of-way is 75 feet all through town, except in front of the proposed amendment were it narrows to 56 feet. This area has become increasingly congested with pedestrians, bicyclists, and motorized vehicles. In addition, snow removal is difficult. In that the proposed amendment will increase traffic generation and off-street parking it is staff 's request that the applicant pursue widening and improving Hopkins Street to a uniform right- of-way width of 75 feet. This would coincide with the Board of County Commissioners of Pitkin County's intention to widen and improve South Seventh Street. 2 . If the Bikeway and Pedestrian Plan requires the applicant to install sidewalks, they must conform to the City of Aspen sidewalk, curb and gutter specifications. 3 . The applicant should be advised that because of the increased density there is potential for electric, communication and cable television easement requests on their parcel . 4 . Given the continuous problems of unapproved work and development in public rights-of-way, we would like the following condition of approval: The applicant shall consult city engineering for design considerations of development within public rights-of-way and shall obtain permits for any work or development within public rights- of-way from city streets department. 5. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 6. The Aspen Sanitation District has adequate capacity to serve this proposal given the 11 unit conceptual plan. Water: The City of Aspen does have adequate facilities to supply water to this proposed development. Both Hopkins Avenue and Seventh Street have water mains of sufficient size to provide fire suppression and potable water. The Water Department would request that the existing Pacific States fire hydrant located on the southwest corner of Seventh and Hopkins 6 be replaced with a new City Standard hydrant. The City will supply the hydrant. Public Project Review Group - On May 2 , 1991 , members of the Public Projects Review Group met at City Hall to discuss the initial design and site planning aspects of the proposed affordable housing project in the 700 block of West Hopkins. The PPRG was created by City Council approximately one and a half years ago, when the community asked Council to appoint a board skilled in design to review all projects involving public funds. The purpose of this meeting was to review the preliminary information to assist Planning and the Housing Authority in determining neighborhood compatibility and conceptual site planning issues. The project itself is in an early design phase, therefore, no architectural design or materials have been called out by the applicant. Relevant to the rezoning application, the PPRG was supportive of the density proposed, finding it to be generally compatible with the character of the neighborhood. Their concerns mostly focused on the site planning, design and landscaping issues, which will he more fully discussed at Subdivision review. One important aspect of this project is the incorporation of all new city policies involving the Pedestrian Walkway and Bikeway Plan, Cottage Infill and Xeriscape principals. These issues were discussed generally, and will be specifically addressed in forthcoming reviews. C. Applicable Review - At this time the applicant is only applying for a rezoning. Pursuant to Section 7-1102 the standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: The proposed amendment is consistent with the purpose of the recently adopted Affordable Housing Zone District which is "to provide for the use of land for the production of low, moderate and middle income affordable housing. . .units. . .The AH Zone District is intended for residential use primarily by permanent residents of the Community. . .Lands in the AH Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents. . . lands in the AH Zone District should be located within walking distance of the center of the City, or on transit routes. " The proposal is also consistent with the goals identified within the Housing Production Plan. The Plan is intended as a guide for City and County officials making housing decisions. The Plan substantiates the need to produce an additional 800 units by 1995 if growth within the area continues at its present rate. In an 7 effort to obtain that goal the public sector was identified as the responsible party to produce 463 of those 800 units. The West - is part of the 154 units targeted for 1990-1991 . b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The various elements of the Aspen Area Comprehensive Plan lists several goals that are relevant to the West Hopkins site. As described in the application those goals are: to create a housing envi <... w..ich is dispersed, appropriately scaled to the neighborhoods and affordable; to preserve and maintain the existing character of the community; the community should collectively address and resolve its issues and problems by considering the interest of all its citizen; to create a creative non-auto oriented public, mass transportation system wLic:. integrates pedestrian and bike trails system with community facilities and services; and to encourage land uses, businesses, and events which serve both the local community and tourist base. The development of approximately 11 affordable housing units, through the Affordable Housing Zone District, is an appropriate approach to dispersed housing development. iuc proposal is within scale of the surrounding community in order to preserve the character of the neighborhood. The use of tax dollars to develop the site is a collective resolution to an important community issue, while the location of the West Hopkins site integrates the development within the community taking advantage of local services, and bus and bike routes. c. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The Shadow Mountain neighborhood is a collection of multi-family and single family residences, including small lodges. Bordering the neighborhood is Main Street which includes such land uses as residential, office, a church, a restaurant, and an antique store. The parcel is surrounded by a mixture of zone districts. To the north is the office zone and to the east is R-15. The County is south and west of the parcel zoned R-15 . The proposed AH zone appears to be compatible with the mixed-use nature of this area. d. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: According to the application, an 11 unit development should generate approximately 33 to 55 vehicle trips/day. The location of the development is within a half block of the Main Street bus route and is on the primary bike route established by 8 Ask the recently adopted Pedestrian and Bikeway Plan. The Marolt bridge which connects to outlying bike routes is also a half block away. The proximity to bike and bus routes should help reduce vehicular trips generated by the project. Within the AH zone, parking is established by Special Review. This proposal is intended to provide one space per unit. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: Based upon the Housing Guidelines, the development should house approximately 25 residents. There are existing utilities on the site or proximate to the site which have the capacity to service the development. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The site is flat with little vegetation. The two irrigation ditches will be protected during development and will be maintained pursuant to the standards identified by the Pedestrian Plan and Historic Preservation Committee. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Affordable resident housing has historically been interspersed throughout Aspen' s neighborhoods. The proposal is compatible with the character of the immediate neighborhood, which can best be described as eclectic. The development is also consistent with the various goals and programs that the City has been working on to effectively preserve the local nature of the town and provide housing for working residents. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The recent dislocation of resident employees has reached an almost crisis level with lack of affordable housing. Affordable housing throughout the City has been largely replaced with second homes priced far beyond the reach of the majority of the employees in town. The City, County and Housing Authority have been actively working to counter this trend in a comprehensive manner. The Housing Production Plan approaches the problem from several facets : preservation, production and replacement. The AH Zone 9 District is one avenue available for the public and private sectors to address the community's housing problems. This rezoninc is _ .� into the community. i . Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: The amendment is consistent with established public policy. As early as the 1973 Land Use Plan the development of employee housing was a goal of the community. As was discussed above, many plans and policies have been developed to facilitate in the provision of affordable local housing for the community. PLANNING AND ZONING COMMISSION VOTE 6 YES NO RECOMMENDATION: The Planning and Zoning Commission recommends to Council amending the Official Zone District map from R-6 to AT: for the parcel located at the southwest corner of West Hopkins Avenue and South Seventh Street, Aspen Colorado Lots K, L, M, & N, Block 19 PROPOSED MOTION: I move to read Ordinance , Series of 1991. I move adopt Ordinance ,. Series of 1991 on first reading. ATTACHMENTS: A. Ordinance B. Application cc.wst.hopkins.rzg 10 ORDINANCE NO. (SERIES OF 1991) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A REZONING Fns.. MEDIUM-DENSITY RESIDENTIAL (R-6) TO AFFORDABLE HOUSING (AH) LOTS K,L,M, i N BLOCK 19, THE SOUTHWEST CORNER OF WEST HOPKINS AVENUE ANn SOUTH SEVENTH STREET, ASPEN COLORADO WHEREAS, pursuant to Section 24-7-1102 of the Municipal Code the applicant, the Aspen Pitkin County Housing Authority, has submitted an application for a map amendment for the rezoning of the parcel from R-6 to AH; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on June 4 , 1991 to consider the map amendment at which time the Commission reviewed the application; and WHEREAS, the Commission considered the representations and commitments made by the applicant and recommended approval to the Council rezoning the parcel from R-6 to AH; and WHEREAS, the Aspen City Council having considered the Planning and Zoning Commission' s recommendation for a map amendment does wish to grant the requested map amendment for the southwest corner of West Hopkins Avenue and South Seventh Street, Aspen Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: That it does hereby grant rezoning of the southwest corner of West Hopkins Avenue and Seventh Street, Lots K, L, M, & N Block 19 , Aspen Colorado from R-6 to AH. section 2 : The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to -_ _ __ zt those rezcnir: actions as set forth in Section 1 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 3 : That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 : This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the Ordinance shall be held on the() day of July, 1991 at 5: 00 P.M. 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 one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1991. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1990. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: West Hopkins Map Amendment - R-6 to AH DATE: June 4 , 1991 SUMMARY: The Housing Authority, proposes to rezone the West Hopkins Avenue parcel from Medium-Density Residential (R-6) to Affordable Housing (AH) . Subsequent to rezoning, the applicant will submit a development plan containing all the pertinent reviews for the development of this parcel. Attached for your review is the full application submitted by the applicant. Staff recommends approval of the rezoning from R-6 to AH. APPLICANT: Aspen/Pitkin County Housing Authority LOCATION: Southwest corner of West Hopkins Avenue and South Seventh Street, Aspen Colorado Lots K, L, M & N Block 19 ZONING: R-6, Medium-Density Residential APPLICANT'S REQUEST: To amend the Official Zone District map. REFERRAL COMMENTS: The following entities have reviewed the application and have made the following comments: Engineering: Having reviewed the above referenced application, the department has the following comments: 1. It should be noted that this parcel was annexed in December 1988 and rezoned from R-15 to R-6 in early 1989. During the rezoning review the engineering department had a comment regarding the right-of-way width on West Hopkins Street. Hopkins Street right-of-way is 75 feet all through town, except in front of the proposed amendment were it narrows to 56 feet. This area has become increasingly congested with pedestrians, bicyclists, and motorized vehicles. In addition, snow removal is difficult. In that the proposed amendment will increase traffic generation and off-street parking it is staff' s request that the applicant pursue widening and improving Hopkins Street to a uniform right- of-way width of 75 feet. This would coincide with the Board of County Commissioners of Pitkin County' s intention to widen and improve South Seventh Street. 2 . If the Bikeway and Pedestrian Plan requires the applicant to install sidewalks, they must conform to the City of Aspen sidewalk, curb and gutter specifications. f"^ 3 . The applicant should be advised that because of the increased density there is potential for electric, communication and cable television easement requests on their parcel. 4 . Given the continuous problems of unapproved work and development in public rights-of-way, we would like the following condition of approval: The applicant shall consult city engineering for design considerations of development within public rights-of-way and shall obtain permits for any work or development within public rights-of-way from city streets department. 5. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 6. The Aspen Sanitation District has adequate capacity to serve this proposal given the 11 unit conceptual plan. Water: The City of Aspen does have adequate facilities to supply water to this proposed development. Both Hopkins Avenue and Seventh Street have water mains of sufficient size to provide fire suppression and potable water. The Water Department would request that the existing Pacific States fire hydrant located on the southwest corner of Seventh and Hopkins be replaced with a new City Standard hydrant. The City will supply the hydrant. Public Project Review Group - On May 2, 1991, members of the Public Projects Review Group met at City Hall to discuss the initial design and site planning aspects of the proposed affordable housing project in the 700 block of West Hopkins. The PPRG was created by City Council approximately one and a half years ago, when the community asked Council to appoint a board skilled in design to review all projects involving public funds. The purpose of this meeting was to review the preliminary information to assist Planning and the Housing Authority in determining neighborhood compatibility and conceptual site planning issues. The project itself is in an early design phase, therefore, no architectural design or materials have been called out by the applicant. Relevant to the rezoning application, the PPRG was supportive of the density proposed, finding it to be generally compatible with the character of the neighborhood. Their concerns mostly focused on the site planning, design and landscaping issues, which will be more fully discussed at Subdivision review. One important aspect of this project is the incorporation of all 2 new city policies involving the Pedestrian Walkway and Bikeway Plan, Cottage Infill and Xeriscape principals. These issues were discussed generally, and will be specifically addressed in forthcoming reviews. STAFF COMMENTS: A. Background - As part of the comprehensive approach to the City's housing dilemma, the City Council adopted Ordinance 59 establishing an Affordable Housing Zone District (AH) . The AH zone enables the rezoning of land for the purposes of affordable housing. Recently 65 potential sites for in-fill housing were identified. The West Hopkins parcel was a top-priority given the criteria of imminence of development, availability of land, neighborhood impacts, political feasibility, potential to serve multiple markets, environmental impacts and other subjective factors. In April of 1990, the City Council entered into an agreement with the Housing Authority to acquire, develop and resell permanent affordable housing on the West Hopkins parcel. The Housing Authority proposes to rezone the West Hopkins parcel to AH for 100% affordable housing. The Authority will submit a full development plan for review by the Commission and Council after rezoning. B. Site Description - In 1988 the West Hopkins parcel was annexed into the City and rezoned R-6. The 12, 000 square foot vacant parcel is on the corner of West Hopkins Avenue and South Seventh Street near the base of Shadow Mountain. There are no natural hazards associated with the site and it is relatively flat averaging a 2 .5% grade. Vegetation consists of native grasses and weeds. Two cottonwoods (7" and 10" caliper) are within the southeastern boundary and several clusters of multi-stemmed cottonwoods exist to the west of the property. An irrigation ditch parallels the South Seventh and West Hopkins boundaries. The parcel abuts the alley and utility lines are proximate and contained underground within the public street rights-of-way and/or alleyway. Several utility boxes are located at the north- west corner of the property. There is a three story building containing 5 townhomes located east of the parcel. Across the alley to the northeast is a recent, neo-Victorian office building. A vacant parcel lies to the north directly across the alley. Across South Seventh Street to the west are stables, corrals, and pasture/open space. A contemporary, single-family residence is located to the southwest and an older, single-family residence, barn and remnant tramway 3 are directly across the street on West Hopkins Avenue. The townhomes to the east are zoned R-15, the block along Main Street is zoned Office, and the parcels to the west of South Seventh Street and south of West Hopkins Avenue are in the County and zoned R-15. C. Project Summary - Many opportunities exist for development of this site. The neighborhood is a mixed-use neighborhood and was identified as such as early as the 1973 Aspen Land Use Plan. Minimal site preparation is involved. No natural hazards, critical wildlife habitat or endangered vegetation exist on the site. All public services are in place with the capacity to serve the site. The site is within walking distance of downtown (10 blocks) and is served by bike and bus routes within one block. In addition, the site has excellent views to the south, southwest and north. The applicant proposes to construct a mix of 11 affordable, deed- restricted residences on the parcel with 11 off-street parking spaces. Potentially the development will contain: two 3-bedroom townhouses, six 2-bedroom townhouses, and three 1-bedroom units. Eight townhouses could be contained within two 4-plex buildings while the 1-bedroom units could be above single-car carports along the alley. According to the application, this conceptual plan incorporates traditional , planning concepts and is reflective of the development within Aspen' s original town-site. Primary residential building will be oriented to the public streets while the "carriage houses" and parking will occur off of the alley. The goal is to achieve a livable, human-scale residential development consistent with the Shadow Mountain neighborhood. The buildings are envisioned to be two story with varied facades. Entry ways will provide individual identity and privacy for each residence. The attached application includes site plans and floor plans. The following tables, from the application, detail the dimensional requirements applicable in the AH zone. These are provided at this conceptual stage to help the review bodies envision the development potential of the site. The exact development plan has yet to be defined. The Housing Authority is in the process of hiring an architect to develop a specific development plan. The propose of the schematic description is for illustrative purposes. 4 1 1 i 9 Table 4. 1 i Dimensional Requirements Criterion Standard Proposal Minimum front yard 10' 10 ' . 1 Minimum rear yard 10 ' 10 ' 1' 'I 1 _i Minimum side yard 5 ' 5 ' Minimum distance between buildings 5' 11' ' 1 Maximum height 25' 30 ' (by special review) 30 ' 7 .! Minimum lot size 3,000 sq. ft. 12,000 sq. ft. : J Minimum lot area/unit 1 bdrm: 400 sq. ft. 3 @ 400 = 1,200 sq.ft. 2 bdrm: 800 sq. ft. 6 @ 800 = 4,800 sq.ft. 3 bdrm: 1,200 sq. ft. 3 @ 1,200 = 2,400 sq.ft. Minimum lot area total = 8,400 sq.ft. 12,000 sq.ft. Maximum F.A.R. 1. 1: 1 0.87: 1 l _� Maximum Floor Area 13,200 sq. ft. 10,400 sq. ft. (12,000 sq.ft. lot) i 4 Minimum open space (%) Special Review 48% In Open space Special Review 5,760 sq. ft. Off-street parking Special Review 11 spaces J I 1 . , I a 1 . I '1 Table 4.2 I1 Development Data Number Unit type No.Bdrms. No.Baths Height Size I 1 Category 1 I J 2 "Carriage House" 1 1 2 floors 490 sq. ft. above parking I l Category 2 I J 1 "Carriage House" 1 1 2 floors 520 sq. ft. above parking A4 Townhouse 2 1 1/2 2 floors 880 sq. ft. 1 Townhouse 3 1 1/2 2 floors 960 sq. ft. Category 3 I2 Townhouse 2 1 1/2 2 floors 960 sq. ft. 7 1 Townhouse 3 1 1/2 2 floors 1,110 sq. ft. 1 7 11 Units total Total net livable 9,010 sq. ft. 1 . ' n J D. Applicable Review - At this time the applicant is only applying for a rezoning. Pursuant to Section 7-1102 the standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: The proposed amendment is consistent with the purpose of the recently adopted Affordable Housing Zone District which is "to provide for the use of land for the production of low, moderate and middle income affordable housing. . .units. . .The AH Zone District is intended for residential use primarily by permanent residents of the Community. . .Lands in the AH Zone District should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents. . . lands in the AH Zone District should be located within walking distance of the center of the City, or on transit routes. " The proposal is also consistent with the goals identified within the Housing Production Plan. The Plan is intended as a guide for City and County officials making housing decisions. The Plan substantiates the need to produce an additional 800 units by 1995 if growth within the area continues at its present rate. In an effort to obtain that goal the public sector was identified as the responsible party to produce 463 of those 800 units. The West Hopkins site is part of the 154 units targeted for 1990- 1991. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The various elements of the Aspen Area Comprehensive Plan lists several goals that are relevant to the West Hopkins site. As described in the application those goals are: to create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable; to preserve and maintain the existing character of the community; the community should collectively address and resolve its issues and problems by considering the interest of all its citizen; to create a creative non-auto oriented public, mass transportation system which integrates pedestrian and bike trails system with community facilities and services; and to encourage land uses, businesses, and events which serve both the local community and tourist base. The development of approximately 11 affordable housing units, through the Affordable Housing Zone District, is an appropriate approach to dispersed housing development. The proposal is within scale of the surrounding community in order to preserve the character of the neighborhood. The use of tax dollars to develop the site is a collective resolution to an important 7 community issue, while the location of the West Hopkins site integrates the development within the community taking advantage of local services, and bus and bike routes. c. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The Shadow Mountain neighborhood is a collection of multi-family and single family residences, including small lodges. Bordering the neighborhood is Main Street which includes such land uses as residential, office, a church, a restaurant, and an antique store. The parcel is surrounded by a mixture of zone districts. To the north is the office zone and to the east is R-15. The County is south and west of the parcel zoned R-15. The proposed AH zone appears to be compatible with the mixed-use nature of this area. d. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: According to the application, an 11 unit development should generate approximately 33 to 55 vehicle trips/day. The location of the development is within a half block of the Main Street bus route and is on the primary bike route established by the recently adopted Pedestrian and Bikeway Plan. The Marolt bridge which connects to outlying bike routes is also a half block away. The proximity to bike and bus routes should help reduce vehicular trips generated by the project. Within the AH zone, parking is established by Special Review. This proposal is intended to provide one space per unit. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: Based upon the Housing Guidelines, the development should house approximately 25 residents. There are existing utilities on the site or proximate to the site which have the capacity to service the development. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The site is flat with little vegetation. The two 8 irrigation ditches will be protected during development and will be maintained pursuant to the standards identified by the Pedestrian Plan and Historic Preservation Committee. 77"n g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Affordable resident housing has historically been interspersed throughout Aspen's neighborhoods. The proposal is compatible with the character of the immediate neighborhood, which can best be described as eclectic. The development is also consistent with the various goals and programs that the City has been working on to effectively preserve the local nature of the town and provide housing for working residents. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The recent dislocation of resident employees has reached an almost crisis level with lack of affordable housing. Affordable housing throughout the City has been largely replaced with second homes priced far beyond the reach of the majority of the employees in town. The City, County and Housing Authority have been actively working to counter this trend in a comprehensive manner. The Housing Production Plan approaches the problem from several facets: preservation, production and replacement. The AH Zone District is one avenue available for the public and private sectors to address the community's housing problems. This rezoning is proposed as an attempt to develop new affordable housing integrated into the community. i. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: The amendment is consistent with established public policy. As early as the 1973 Land Use Plan the development of employee housing was a goal of the community. As was discussed above, many plans and policies have been developed to facilitate in the provision of affordable local housing for the community. RECOMMENDATION: Staff recommends approval of the rezoning of the southwest corner of West Hopkins Avenue and South Seventh Street, Aspen Colorado Lots K, L, M, & N, Block 19 amending the Official Zone District map from R-6 to AH. ATTACHMENTS: A. Application pz.wst.hopkins.rzg 9 MEMORANDUM TO: Aspen Planning and zoning Commission FROM: Kim Johnson, Planner RE: RFTA Ruby Park Transit Center - Growth Management Exemption for Essential Public Facilities DATE: June 4, 1991 SUMMARY: The Planning Office recommends approval of GMQS Exemption for Essential Public Facilities for the 440 s. f. expansion of the Ruby Park Transit Center with one condition. APPLICANT: Roaring Fork Transit Agency, represented by Patrick Stuckey of Gibson & Reno Architects LOCATION: Ruby Park Transit Center, 419 S. Mill St. (Lots K-S, Block 90, Aspen Townsite) ZONING: Public - PUB (SPA) with Historic (H) overlay APPLICANT'S REQUEST AND PROJECT DESCRIPTION: The Roaring Fork Transit Agency requests Growth Management Exemption for the expansion of their bus terminal at Ruby Park. This request enables RFTA to provide more adequate employee lounge and locker space by adding approximately 440 s.f. to the existing 1195 s. f. structure. The footprint of the building will be expanded on the north side by 9 '-0" . A stairway will be included to access an expanded attic space. The bulk of the new floor area will be used as employee lounge space. Please see Attachment "A" for site plan and floor plans. REFERRAL COMMENTS: This project received Historic Preservation Committee approval without conditions on April 24, 1991. Please see Attachment "B" . STAFF COMMENTS: The current configuration of the Ruby Park Transit Center was granted SPA approval in 1987 . It has functioned as a bus terminal since its construction. Section 8-104 C. l.b allows City Council to approve Growth Management Exemption for construction of Essential Public Facilities. An Essential Public Facility is considered to serve an essential public purpose, provides facilities in response to growth, is not itself a growth generator, is available for the general public, and serves the needs of the City. The Ruby Park Transit Center satisfies this definition. Prior to Council granting an exemption, the Land Use Code requires that the Planning Commission review the proposal and forward a recommendation to Council. The review bodies shall consider whether the proposal 's impacts will be mitigated, whether there will be any adverse impacts to the City's air, water, land and energy resources, and whether the project is visually compatible with the surrounding area. The application states that the new floor area created will be used for expanded employee locker and lounge space for drivers waiting for their next departure. The current space available is very cramped and overcrowded. Staff feels that these expanded uses will not create impacts from additional employees, parking, transit and roads, or basic utility services. Other than actual construction activity, this project will create no impacts to water, air or energy resources. As referenced above, the HPC reviewed the project and approved the architecture without conditions. Staff is satisfied that the addition is compatible with the neighborhood. Section 7-804 E. of the Land Use Code allows the Planning Director to grant approval of insubstantial amendments to an SPA project. This insubstantial amendment is currently being processed by staff and will be complete prior to final approval by City Council. STAFF RECOMMENDATION: The Planning Office recommends approval of the GMQS Exemption for Essential Public Facilities for the expansion of the Ruby Park Transit Center with the following condition: 1. Prior to final approval by the City Council, the Planning Director shall approve an insubstantial amendment to the Ruby Park SPA. Attachments: "A"- Site Plan and Floor Plans "B"- HPC Approval jtkvj/ruby.memo 2 ' y — 1 Attachment "A" _ 40 P41. IP- I7 I : At , �► a N lit f fli 1 ' • , O IU . 1110 IS • " t_ 1. w .... \ \ f i s II 2 m i z ■ Y > 0 a 0 s t ■ Z a 1101' a J MI a \ . 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' I dh - • _ e Y ) a y .. • • . - _ . - � _ �I r 1 Sin!'li JIIIII INIII].IIIIluul dl!All YINIII '� �i III I'i� I�ImAinnitlllllhlililll jr n I ll:vliy il� I' ' '" ull 'I �I iii I�iIII� I� .nlrn'miTU nnm nmrm ii 1 4 ® f Q'I�' , l I Il 111 �aJ l !' ,III', 2 ' Z �_/ '' illl I' lil 0 ,Ilj 00 �� I� w�IlIi�' II ` � �� mt � � ® as IIN III Q 41. I�h 1 •. I ' �;i! ,115;II tl r Ilii Ir II�I I I IL ■ I .VIII llIIII I l lr'�I�ll�l!�I;II�i o+s¢' IPM kill 5{• N 'll III IIII II n,,1 2L-: In nuPnIfl JIII uwunnlun Of I 1 . ... �- RG•�I Nl ll' _ __ Iv]� � _ .1.I o øIKkJa, ! II i ® A". Attachment "B" MESSAGE DISPLAY TO Kim Johnson From: Roxanne Eflin Postmark: May 29,91 1:44 PM Subject: Rubey Park Transit Center Message: The HPC granted Final Development approval on the expansion of the Rubey Park Transit Center, with no conditions, on April 24, 1991. X MEMORANDUM ' To: Leslie Lamont, Planning Office 'CAC t From: Rob Thomson, Project Engineer -4"N 7j Date: May 6, 1991 Re: West Hopkins Rezoning > Having reviewed the above referenced application, the engineering department has the following comments: 1. It should be noted that this parcel was annexed in December 1988 and rezoned from R-15 to R-6 in early 1989 . During the rezoning review the engineering department had a comment regarding the right-of-way width on West Hopkins Street. Hopkins Street right-of-way is 75 feet all through town, except in front of the proposed amendment were it narrows to 56 feet. This area has become increasingly congested with pedestrians, bicyclists, and motorized vehicles. In addition, snow removal is difficult. In that the proposed amendment will increase traffic generation and off-street parking it is staff' s request that the applicant pursue widening and improving Hopkins Street to a uniform right- of-way width of 75 feet. This would coincide with the Board of County Commissioners of Pitkin County' s intention to widen and improve South 7th Street. 2 . If the Bikeway and Pedestrian Plan requires the applicant to install sidewalks, they must conform to the City of Aspen sidewalk, curb and gutter specifications. 3 . The applicant should be advised that because of the increased density there is potential for electric, communication and cable television easement requests on their parcel . 4 . Given the continuous problems of unapproved work and development in public rights-of-way, we would like the following condition of approval: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights- of-way and shall obtain permits for any work or development within public rights-of-way from city streets department (920-5130) . 5. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. cc: Chuck Roth, City Engineer rt./MEMO91. 36 MEMORANDUM To: Leslie Lamont, Planner From: Roxanne Eflin, PPRG staff Re: West Hopkins Affordable Housing project Date: May 23, 1991 SUMMARY: On May 2 , 1991, members of the Public Projects Review Group met at City Hall to discuss the initial design and site planning aspects of the proposed affordable housing project in the 700 block of West Hopkins. The PPRG was created by City Council approximately one and a half years ago, when the community asked Council to appoint a board skilled in design to review all projects involving public funds. The members in attendance were: David Brown, Harry Teague, and Mark Henthorn. Member Larry Yaw met with staff a few days prior to share his concerns and ideas for the project. Staff members present were: Roxanne Eflin, Leslie Lamont, Kim Johnson, and Diane Brown from the Planning Office, and Bob Nevins from the Housing Authority. The purpose of this meeting was to review the preliminary information to assist Planning and the Housing Authority in determining neighborhood compatibility and conceptual site planning issues. The project itself is in an early design phase, therefore, no architectural design or materials have been called out by the applicant. DISCUSSION: Relevant to the rezoning application, the PPRG was supportive of the density proposed, finding it to be generally compatible with the character of the neighborhood. Their concerns mostly focused on the site planning, design and landscaping issues, which will be more fully discussed at Subdivision review. One important aspect of this project is the incorporation of all new city policies involving the Pedestrian Walkway and Bikeway Plan, Cottage Infill and Xeriscape principals. These issues were discussed generally, and will be specifically addressed in forthcoming reviews. memo. ll.pprg.hopkins MEMORANDUM MAY 221991 TO: LESLIE LAMONT, PLANNING DEPARTMENT FROM: LARRY BALLENGER, DIRECTOR F WATER DATE: MAY 6, 1991 SUBJECT: WEST HOPKINS REZONING The City of Aspen does have adequate facilities to supply water to this proposed development. Both Hopkins Avenue and Seventh Street have water mains of sufficient size to provide fire suppression and potable water. The Water Department would request that the existing Pacific States fire hydrant located on the southwest corner of 7th and Hopkins be replaced with a new City Standard hydrant. The City will supply the hydrant. LB: 11 PUBLIC NOTICE RE: CITY OF ASPEN ZONE DISTRICT MAP AMENDMENT; REZONING FROM R-6 TO AFFORDABLE HOUSING ZONE (AH) A PARCEL OF LAND ON THE NORTHEAST CORNER OF WEST HOPKINS STREET AND SOUTH SEVENTH STREET NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 12, 1991 at a meeting to begin at 5: 00 pm before the Aspen City Council, City Council Chambers, 130 South Galena Street, Aspen, Colorado to consider an application submitted by the Aspen/Pitkin County Housing Authority requesting an approval of an amendment to the Zone District Map of the City of Aspen rezoning from R-6 to Affordable Housing Zone (AH) a 12,000 square foot parcel of land located on the northeast corner of West Hopkins and South Seventh Street consisting of Lots M & N, Block 19; a portion of the Homestake Mining Claim and a portion of the Mary B Mining Claim described by metes and bounds. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St. , Aspen, CO 920-5090. sJohn Bennett, Mayor Aspen City Council Published in The Aspen Times on July 25, 1991. City of Aspen Account. / 1 r . .` ; ` Order No. A 91029 fr' �' t111 715 U1" n Ei ADJACENT OWNERSHIP CERTIFICATE II��kk`2-------_______ ____12) MAY I U �yy� ASPEN TITLE CORPORATION, a corporation organized . d existing under and by virtue of the laws 'of the State of Colorado, HEREBY CERTIFIES That is has made a careful and diligent search of the records in the office of the Clerk and Recorder for Pitkin County, Colorado, and has determined that those persons , firms or entities set forth on the Exhi .it "A" attached hereto and by this reference incorporated herein and made a p. rt hereof, reflect the apparent owners of lots , tracts, parcels and condomini units lying within 300 feet of the following described real property situ te , lying and being in the County of Pitkin State of Colorado , to-wit: Block 19, Lots K, L, M, and N, City and Tow site of Aspen. This Certificate has been prepared for the use an, benefit of thA above named applicant and the City or Town of Aspel in the County of Pitkin, State of Colorado. THE LIABILITY OF THE CO MPA" ' ' F ' IER IS EXPRESSLY LIMITED TO THE AMOUNT OF THE FEE PAID FOR THIS CERTIFICATE PLO' $250.00 c5(8(q ( '''R yaUP- w flo S ;L DATE /-E Wig ftofl&4lLS rufac. Noll° t ' ASPE TITLE CORPORATION, a � (i f?„ NT PP-QWP-TY Colo ado corporation e ( 7— U , flt • ill cltr PLnNN� I%kLS. ice.: ynn , Iyc o, c s r •en (�FSU9, f -p-e'S TF+c 1i161'a/=ACOACEN- pie0Flarr 6wN v (nttN 20 ' or > W rtt°f-U4-S I'At i (leflV 17 Ti--0,- IS s n1-4.- N6-n- oWNbrcH1p IN TNt CDU (v0nr-+%S ftfz-E ft(1 K.ITESI0NK0 Block 13, Lots, C-I: Eleanor Berger Sealmear no address of record Harald Pabst no address of record Block 12, Lots. 0-5: Erwin Knirlberger c/o The Bavarian Inn 801 West Sleeker Street Aspen, Colorado 81611 Richard E. and Lois N. Long P.O. Box 1314 Aspen, Colorado 81612 Block 18, Lots K-S Mary M. Webster P.O, Box 4052 Aspen , Colorado 81612 W.Everett and Eleanor Biggs and William Biggs 7820 Kara Lane Knoxville, Tennessee 37919 B. Joseph and Susan Scott Krabacher 210 North Mill Street, Suite 201 Aspen, Colorado 81611 S. Joseph Krabacher 210 North Mill Street, Suite 201 Aspen , Colorado 81611 John G. Morris no address of record Block 25 , Lots A-C and K-M: I.F. Associates, a District of Columbia Partnership c/o Barry Yaker 280 North Woodward, Suite 216 Birmingham, Michigan 48011 Wedum -617 West Main Street Associates c/o Thomas Somers P.O. Box 9614 Aspen , Colorado 81611 Anne F. Farishi 423 N. Second Aspen , Colorado 81611 Alfred P. Westy Jr. and Loralee S. West 634 West Hopkins Avenue Aspen , Colorado 81611 Ronald H. Jacobs and Judith Cahan Jacobs P.O. Box 4736 Aspen , Colorado 81612 Block 19, Lots A-I and 0-S: Seventh & Main Venture P.O. Box 10147 ' Aspen , Colorado 81612 J. Robert Weien P.O. Box 3506 ' Aspen , Colorado; 81612 Main Street, Block 19 Associates 715 West Main Street Aspen, Colorado 81611 700 WEST HOPKINLS CONDOMINIUMS : (1 ) Betsey M. Reid 59 Fallon Drive North Haven, CT 06473 (2) Marcia A. Southwick 2915 S. 29th Street Lincoln, Nebraska 68502 (3) Nancy J. Hadrian and Linda Haddad P.O. Sox 11453 Aspen , Colorado 81612 (4) John W. Taylor P.O. Box 121 Hartland, Wisconsin (5) Susi R. Cochran P.O. Box 1 .673 Aspen, Colorado 81612 1 -2- (6) Robert A. Lester and Norma E. Lester P.O. Box 9696 Aspen, Colorado 81612 (7) Thomas Marshall 300 Riverside Avenue Aspen , Colorado 81611 (8) Cheryl Baker 100 East Main Street Aspen , Colorado 81611 (9) Edwin Compton P.O. Box 4897 Aspen, Colorado 81612 (10) Ted Lenio ! P.O. Box 8143 Aspen, Colorado 81612 (11) Robert O. Fehr 294 Round Hill Road Greenwich ,: CT 06830 (12) Joe H. Emory and Pegge R. Emery P.O. Box 1902 Williamsport, PA 17703 SKANDIA TOWNHOMES: (A) Maridee Christopher P.Q. Box 1325 Aspen, Colorado 81612 (B) Robert B. and Lynn S. Piper 3415 Morrison , T Northwest Washington, D.C. 20015 (C) Kingsbury Pitcher and Charity Jane Pitcher Revocable Trust 0.0. Box 2287 Santa Fe, New Mexico 87504-2287 (0) Terry End P.O. Box 747 Aspen, Colorado 81612 (E) Richard A.. Sherriff P.O. Box 11108 Aspen , Colorado 81612 -3 617 WEST MAIN STREET Pl'ht7PESSIONAL BUILDING: (A) K.D. Stout, & Company, Inc. 617-A West Main Street Aspen, Colorado 81611 (B) Brian A. Busch Aspen Gondola Realty, Inc. 555 East Durant Avenue Aspen, Colorado 81611 (C) Robert H. Throm Phyllis A. Throm and Douglas H Throm P.O. Box 4556 Aspen, Colorado 81612 (D) S. Michaele Dunsdon and David A. Borkenhagen P.O. Box 2225 Aspen, Colorado 81612 (E) Wells Fargo Credit Corporation 6991 W. Camelback Road, C-309 Scottsdale, Arizona 85251 (F and G) Richard E. Rudolph P.0, Box 1599 Aspen , Colorado 81612 (H) Douglas P. Allen 530 East Main Street Aspen , Colorado 81611 ( I ) Patricia 3. Straight (also Unit L) P.O. Box 4706 Aspen, Colorado 81612 IP ) -4- PUBLIC NOTICE •. RE: CITY OF ASPEN ZONE DISTRICT MAP AMENDMENT; REZONING FROM R-6 TO AFFORDABLE HOUSING ZONE (AH) A PARCEL OF LAND ON THE NORTHEAST CORNER OF WEST HOPKINS STREET AND SOUTH SEVENTH STREET NOTICE IS HEREBY. GIVEN that a public hearing will be held on Tuesday, May 21, 1991 at a meeting to begin at 4: 30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by the Aspen/Pitkin County Housing Authority requesting an amendment to the Zone District Map of the City of Aspen rezoning from R-6 to Affordable Housing Zone (AH) a 12, 000 square foot parcel of land located on the northeast corner of West Hopkins and South Seventh Street consisting of Lots M & N, Block 19; a portion of the Homestake Mining Claim and a portion of the Mary B Mining Claim described by metes and bounds. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St. , Aspen, CO 920-5090. s/Jasmine Tygre, Vice-Chairman Planning and Zoning Commission c Published in The Aspen Times on May 2 , 1991. City of Aspen Account. • MEMORANDUM TO: City Attorney City Engineer Housing Director Aspen Water FROM: Leslie Lamont, Planning Office RE: West Hopkins Rezoning DATE: April 24, 1991 Attached for your review and comments is an application from Aspen/Pitkin County Housing Authority requesting approval for rezoning. At this time, comments pertaining to rezoning need to be made. The other information is only background for understanding. Please keep the application booklet for future reference. Please return your comments to me no later than May 6, 1991. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 Bob Nevins Aspen/Pitkin County Housing Authority Re: West Hopkins Rezoning Dear Bob: This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review at a public hearing by the Planning and Zoning Commission on Tuesday, May 21, 1991 at a meeting to begin at 4: 30 p.m. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post the subject property with a sign for the public hearing and mail notices to property owners within 300 ' . If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, r\C \NCJ'lLl l Debbie Skehan, Office Manager 1.1\� Housing Authority City of Aspen/Pitkin County 39551 Highway 82 - �/� 8 1 6 1 1 (303) 920-5050 Fax: (303) 920-5580 22 March 1991 Ms. Kim Johnson, City Planner Aspen/Pitkin County Planning Office 130 South Galena Street , Aspen, Colorado 81611 RE: West Hopkins Affordable Housing Development/Land Use Application for Affordable Housing (AH) Zone Amendment Dear Ms. Johnson: On behalf of the Aspen/Pitkin County Housing Authority, I am submitting the West Hopkins Affordable Housing Land Use Application. Attached are thirty (30) copies of the application for review by the Planning Office and referral agencies. Thank You for your assistance and guidance in the preparation of our Land Use Application. Should you have any questions, or if I can be of further assistance, please contact me. Sincerely,,AM:r Fikir Robert Nevins, APCHA Planner WEST HOPKINS AFFORDABLE HOUSING DEVELOPMENT LAND USE APPLICATION Submitted to: The City of Aspen 22 March 1991 Submitted and prepared by: Aspen/Pitkin County Housing Authority 39551 Highway 82 Aspen, Colorado 81611 303-920-5050 Robert M. Nevins Project Manager/Planner TABLE OF CONTENTS Page number PREFACE V 1.0 INTRODUCTION 1 1. 1 Project Location 2 1. 2 Authority and Scope 2 1. 3 Background 4 2 .0 PLANNING GOALS AND OBJECTIVES 6 2 . 1 Relationship to Aspen Area Comprehensive Plan 6 2 .2 Relationship to Affordable Housing Production Plan 9 3.0 EXISTING CONDITIONS 11 3 . 1 Natural Factors 11 3 . 2 Man-made Factors 12 3 . 3 Summary of Site Features and Conditions 13 4.0 DEVELOPMENT PLAN 15 4 . 1. Water System 16 4 .2 Sewage Treatment System 16 4 . 3 Drainage System 16 4 .4 Fire Protection 16 4 . 5 Development Data 17 4 . 6 Traffic and Parking 17 4 . 7 Affordable Housing 18 4 . 8 Stoves and Fireplaces 18 4 . 9 Proximity to Public Facilities 19 4 . 10 Proximity to Services 19 4 . 11 Effect on Adjacent Land Uses 19 4 . 12 Construction Schedule 20 5. 0 LAND USE REQUIREMENTS 21 5. 1 Amendment to the Official Zone District Map 21 6. 0 IMPLEMENTATION PLAN 26 6. 1 Detailed Plans 26 i LIST OF FIGURES Number Figure Title Follows page number 1. 1 Location Map 2 3 . 1 Site Summary 13 4 . 1 Site Plan 15 4 . 2 Floor Plans 15 4 . 3 Massing Studies 15 4 . 4 Public Facilities Map 19 5. 1. Existing Zoning Map 22 5. 2 Proposed Zoning Map 22 5. 3 Neighborhood Context Map 24 ii LIST OF TABLES Number Table Title Follows page number 4 . 1 Dimensional Requirements 17 4 . 2 Development Data 17 iii LIST OF EXHIBITS Exhibit Title Exhibit Assignment of Contract Rights/Legal Description A Square Footage Ranges and Income Maximums B Property Survey C Pre-application Conference Summary D iv PREFACE Aspen/Pitkin County Housing Authority (APCHA) , applicant/owner, (Assignment of Contract Rights, Appendix A) requests the City of Aspen to grant land use approval for the rezoning of the West Hopkins parcel to Affordable Housing (AH) . The project site is located within the city boundaries of Aspen, at the northeast corner of West Hopkins Avenue and South Seventh Street. The tentative development proposal contains eleven (11) , affordable, deed-restricted housing units. This application is submitted by APCHA pursuant to Section 5- 206. 2 , Affordable Housing (AH) , Chapter 24 , Land Use Regulations of the Aspen Municipal Code. The specific land use request is: *Amendment to the Official Zone District Map, Rezoning Approval to AH from R-6 (Section 7-1102) The land use application is divided into six (6) sections: 1. 0 Introduction 2 . 0 Planning Goals and Objectives 3 . 0 Existing Conditions 4 . 0 Development Plan 5. 0 Land Use Requirements 6. 0 Implementation Plan v Within each section of the application, figures (maps and/or tables) are provided to supplement the text. Pertinent documents are referenced as exhibits and contained in the Appendix. Aspen/Pitkin Housing Authority has been diligent in its efforts to provide the City of Aspen with a complete and thorough application. During the review process, should information need to be clarified and/or additional issues arise pertaining to the West Hopkins Affordable Housing Development, APCHA will be co-operative and responsive to fully addressing those concerns. vi APUUawuvr 1 • LAND USE APPLICATION FORM • 1) ' Project Name _WEST Ilea iNS tIFFOP-P/ ftloKSM-cT E yr 2) Project Ia-ration NA -Thwi6I cep-At of 19991 1a�11 s fkNUat" SovP1 ss1,-v /7- 67P-E517, 1q9 J,Coles VD (indicate street address, lot & block !Amber, legal description where appropriate) MEC1vM- 3) Present Zoning( U fZE-`Prlflli f�—r°) 4) Lot Size 171000 60.•rr • 5) Applicant's None, Address & lbone U A.SIP(l/Firm((`( COVNrr t1Vc1( -t%vT7ioW rr �9 51 Hiciti1 Y 8Z; tvefW, DO SIro[I . 6) vepr m esentative's Name, Address & Pie @ T NEVING,/if°CrY& / i p t ANNE(- ' 9991 flOY-wvtY 82-,nsfr-N,C4 -q 70 stall (9 -o-S°c-') 7) type of Application (please dieck all that apply) : Conditional Use _ Conceptual SPA _ Conceptual Historic Dev. 0 Special Review _ Final SPA _ Final Historic I)ev. _ 8040 Greenline Conceptual l(ID _ Minor Historic Dev. Stream Margin _ Final IUD Historic Deunlition Mountain View Plane 0 Sulrlivision _ Historic Designation 0 Condominium'm 'ration • Textil ap Amendment _ ( QS ALlolmrnt _ Int Split/Lot Line 0 GM S Exemption Adjustment • 8) Description of Existing Uses (camber and type of existing strictures; approximate sq. ft.; number of bedrooms; any previous approvals granted to the ProPerLy) - • 12,000 60-Vnft-F: FooT-' 1'er-- VflC?WrXNo 52<1011(16- s7-N1G7 `" r Vas), 9) Description of Development Application tc,n- Z-cm per-flier Miatf,($Frotape noKw-(t l i) Fn-°M 10) Have you attached the following? • Response to Attadment 2, Minimum Submission Contents • Rose to Attachment 3, Specific Submizsion (tiotents i • Response to Attachment 4, Review Stand:nth. for Your Application 1.0 Introduction 1.0 INTRODUCTION The West Hopkins Land Use Plan provides the City of Aspen with a set of guidelines and plans to allow for the creation of a quality, well-planned residential enclave through the orderly development of the site. Aspen/Pitkin County Housing Authority envisions a family-oriented project that will provide a variety of housing opportunities for qualified residents and/or employees of Aspen and Pitkin County. The residences will be integrated into the neighborhood fabric through the siting and inter-relationships of the units to one another; to existing, adjacent buildings; and to the streetscapes of West Hopkins and South Seventh Street. To further insure the development' s acceptance within the community, special emphasis will be given to the project's architectural massing, scale, character, and detailing. Through sensitive site planning and design, it is anticipated that the West Hopkins Affordable Housing Development will establish a course toward achieving the mutual goals and objectives of the City and Housing Authority by encouraging other well-planned public and private affordable housing projects within Aspen and surrounding areas. 1 1. 1 PROJECT LOCATION The West Hopkins Project is located near the base of Shadow Mountain, within the southwestern quadrant of the Aspen city limits (Location Map, Figure 1. 1) in Pitkin County, Colorado. The site is situated ten (10) blocks west of the downtown commercial core area, and one (1) block south of Main Street at the intersection of West Hopkins Avenue and South Seventh Street. 1.2 AUTHORITY AND SCOPE Aspen/Pitkin County Housing Authority (APCHA) , a multi- jurisdictional housing authority, was established under the provision of Colorado Revised Statutes (C.R.S. ) 1973 , Section 29- 1-203 et.sea. on 9 January 1984, by and among the City, the County, the Housing Authority of Aspen, Colorado ("City Housing Authority") , and the Pitkin County Housing Authority ("County Housing Authority") . Authorization to contract between the City and County to establish a separate governmental entity to be known as a multi-jurisdictional housing authority is sanctioned by Article XIV, Section 18 of the Colorado Constitution and C.R.S. Section 29-1-204 . 5. The purpose of the Aspen/Pitkin County Housing Authority (APCHA) as set-forth in the Initial Intergovernmental Agreement was: 2 "to provide a program and a system to assure the existence of a supply of desirable and affordable housing for permanent residents, persons employed in the City or the County, senior citizens, disabled persons, and other population segments residing or needing to reside in the Roaring Fork Valley which are necessary for a balanced community." On 14 November and 15 November 1988, respectively, the Aspen City Council and Board of (Pitkin) County Commissioners authorized an Amended and Restated Intergovernmental Agreement, expanding APCHA' s purpose: "to effect the planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, and operation of housing projects pursuant to a multi-jurisdictional plan to provide residential facilities and dwelling accommodations at rental or sale prices within the means of families or persons of low, moderate, and middle income who are permanent residents, persons employed in the City or the County, senior citizens, disabled persons, or to the population segments identified by the Authority, residing in or needing to reside in the City or the County, intended for use as the sole place of residence by the owners or intended occupants." The Housing Authority's current inventory of deed-restricted housing exceeds 1100 units. The housing stock is comprised of 60% rental units and 40% sale units. These figures include the recently completed developments of Marolt Ranch (100 dorm units) , Twin Ridge (25 sale units) , and Fairway 3 (30 sale units) . The Housing Authority has identified a target of 800 additional units that need to be produced between 1990-95 if the economic base within the area continues to expand. Legislated, private, and public efforts will be required to achieve this goal . During 1991- 95, the public sector' s responsibility is to produce 366 affordable, housing units. 3 1.3 BACKGROUND Development of the West Hopkins property as an affordable deed- restricted housing project follows many years of growth and change within the Aspen community. The City of Aspen established a policy favoring the development of housing for employees of the community with the adoption of its 1973 Land Use Plan. The first concerted effort to address the affordable housing issue culminated with the completion of Centennial Apartments (240 units) in 1985. It was during this active period of development that Castle Ridge (87 units) , Highland Villas (16 units) , Hunter Longhouse (28 units) , and Lone Pine (28 units) , were constructed. Additionally, Silver King Apartments (aka Hunter Creek/77 units) were deed-restricted to affordable housing. For a time, development of additional affordable housing projects was not actively pursued by the City or County. Instead, efforts were concentrated on managing the existing housing inventory more effectively. However, the need/demand for affordable housing continued to escalate. In 1987 , the Housing Authority indicated there was an existing need for 250 units. It was further stated that 132 units per year would have to be produced if the rate of growth continued. To address the ever-increasing affordable housing dilemma, Aspen, Pitkin County, and the Housing Authority cooperated in crafting and 4 pursuing a multi-faceted, comprehensive program. The plan seeks to: 1) preserve the existing affordable housing stock; 2) require developers to mitigate a "fair share" of their affordable housing impacts; and 3) produce new affordable housing to reduce/eliminate the current affordable housing shortfall. Since 1989, a wide variety of public and private affordable housing projects have been constructed, including Marolt Ranch (100 dorm units) , Truscott Place (96 units) , Mountain Oaks (14 units) , and Hunter Longhouse Addition (5 units) . In its legislative efforts to preserve both, existing affordable housing and sense-of- community, the Aspen City Council adopted Ordinance 1 (series 1990) . Concurrently, the City pursued a housing in-fill program. A consultant team identified sixty-five (65) parcels as potential in-fill housing sites. Based on the following criteria: 1) Imminence of development, 2) Availability of land; 3) Neighborhood impacts; 6) Political feasibility; 7) Potential to serve multiple markets, 8) Environmental impacts; and 9) Subjective factors, West Hopkins was determined to be a top-priority site for affordable, in-fill housing. The West Hopkins Development represents an important step in implementing the City' s and Housing Authority' s Affordable Housing Production Plan. More importantly, West Hopkins represents a re- newed and vital commitment by the community to provide affordable housing to those citizens in need. 5 2. 0 Planning Goals & Objectives 2 .0 PLANNING GOALS AND OBJECTIVES The Housing Authority's planning process for West Hopkins is based upon a set of adopted goals and objectives that are included within the Aspen Area Comprehensive Plan and the adopted Affordable Housing Production Program. This section discusses the relationship between the West Hopkins development proposal and the Comprehensive Plan, and Housing Production Program. 2 .1 RELATIONSHIP TO ASPEN AREA COMPREHENSIVE PLAN The Aspen Area Comprehensive Plan is divided into various elements, each of which has its own vision or goal. The vision statements relevant to the West Hopkins project are listed below in bold type, and the planning method used to comply with the goal is described. Housing: Create a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable. Long-standing planning goals of the community have been: to preserve the housing inventory and to provide dispersed housing opportunities in town. The achievement of these goals will promote a socially and economically balanced community. To implement these goals , the City acquired "scattered sites" throughout the community for the purpose of developing affordable 6 housing. The parcels (West Hopkins, East Hopkins, Austin, and Kraut) vary in location, size, potential development density and character. Each development will be designed within a "neighborhood context. " The West Hopkins proposal will be complimentary to the existing Shadow Mountain development patterns. The residential units will be deed-restricted to insure the project' s long term availability and affordability to qualified residents/employees. Character: Preserve and maintain the existing character of the community. Traditionally, Aspen' s neighborhoods have been comprised of a mix of housing types, including those which are affordable by its working residents. The West Hopkins development will assist in sustaining the "mixed use" residential character of the Shadow Mountain neighborhood. It will also be compatible in terms of land use, development intensity, site planning, massing, scale, and architectural character. Process: The community should collectively address and resolve its issues and problems by considering the interest of all its citizen. Affordable housing continues to be an important local issue and concern. To assist in resolving the affordable housing problem, City and County residents have responded by approving several sources of funding. New tax provisions were enacted by the City' s 7 electorate, creating tax revenues of over $2 million per year for the next ten (10) years dedicated to affordable housing. County voters approved up to $6 million in bonding authorization for affordable housing. To further ensure the success of the affordable housing program, local residents are encouraged to participate at the neighborhood level in the planning and development of the various affordable housing sites. Transportation: Create a creative non-auto oriented public, mass transportation system which integrates pedestrian and bike trail system with community facilities and services. The West Hopkins Development has the potential of becoming a "model" auto-disincentive project. The development is within walking distance to the downtown area which provides employment, goods and services, public facilities, and recreation. The project is also well-served by existing mass transit bus routes and a network of pedestrian/bicycle trails. Off-street parking spaces will be limited to minimize automobile ownership and dependency. Balanced and Managed Growth: Encourage land uses, businesses, and events which serve both the local community and tourist base. The Growth Management Plan was established to ensure that 8 components of community growth are mutually balanced. Even with this "system balance" in place, the community has become imbalanced as many working residents are excluded from Aspen' s neighborhoods. The Affordable Housing Zone (AH) along with the City's other legislated efforts (Ordinance 1; Cottage in-fill) will assist in "balancing" and revitalizing Aspen's residential neighborhoods. The rezoning of the West Hopkins Parcel to Affordable Housing (AH) represents balanced and managed growth that directly benefits the local populace. The All Zone is intended for use primarily by permanent and/or working residents. These residents and their dependents form the core of the Aspen community. 2.2 RELATIONSHIP TO AFFORDABLE HOUSING PRODUCTION PLAN The Affordable Housing Production Plan is intended to be used as a tool by elected City and County officials to guide housing decisions through 1995. The purpose of the plan is five (5) -fold: *To identify the existing deed-restricted inventory by type, price, and quantity. *To identify the existing affordable housing shortfall and likely demand through 1995. *To identify demographic trends which may influence the community's decisions regarding the type of affordable housing to build in the future, and *To identify a six (6) year production program to address the community's affordable housing need. 9 The plan identifies a 1990 deed-restricted housing inventory of 966 units. It also substantiates the need to produce an additional 800 units by 1995 if growth within the area continues at its present rate. To achieve this goal, it is estimated that legislated efforts will provide 222 units; the private sector will develop 115 units; and the public sector (City and County) will be responsible for producing 463 units. Current trends indicate a need for ownership opportunities in family housing. Data also indicates the need to provide affordable housing for single-person households. The West Hopkins project is included within the 154 units targeted for development in 1990-91 by the Housing Authority. The proposed eleven (11) units are designed to meet the household needs of Category 2 and 3 families and single-persons in Categories 1 and 2 (Square Foot Ranges and Income Maximums, Appendix, Exhibit B) . The key factor to the success of the Affordable Housing Production Plan is implementation. The actualization of the West Hopkins project is an important step towards achieving the community's affordable housing goals. 10 3 .0 Existing Conditions 3.0 EXISTING CONDITIONS The development plan is designed to be compatible with the environmental conditions of the property, the surrounding pattern of land uses, and the economic characteristics of the affordable, deed-restricted housing market. The plan is also intended to be consistent with the Aspen Area Comprehensive Plan and the Growth Management Plan established by the City to guide development. This section of the application describes the environmental and man- made factors which have been considered during the planning of the West Hopkins parcel . 3. 1 NATURAL FACTORS The parcel is located near the northern base of Shadow Mountain. The site is not endangered by rockslides, mudslides, avalanches, or other natural hazards. The land is relatively flat, averaging a 2 .5% gradient, and sloping gently from the south to the north. There exists a thin layer of top soil underlain by medium to dense, sandy gravel with cobbles and boulders. Topography and soil conditions presently inhibit rapid surface-water run-off on the site. Vegetation primarily consists of native grasses and weeds. There are two (2) cottonwoods (7" and 10" diameter) within the parcel ' s 11 southeastern boundary. Several clusters of multi-stemmed cottonwoods exist to the west of the property along the irrigation ditch paralleling South Seventh Street (Property Survey, Appendix, Exhibit C) . 3.2 MAN-MADE FACTORS Man-made improvements on-site are minimal. It appears as though a previous structure may have been located on the parcel. The site is accessible via paved public streets, West Hopkins Avenue and South Seventh Street, and by a dirt alley between Hopkins and Main Street. Utility lines are proximate and contained underground within the public street rights-of-way and/or alleyway. Several utility boxes are located at the northwest corner of the property. An irrigation outlet exists within the public right-of-way near the intersection of West Hopkins and South Seventh. The outlet is at an elevational high-point. Water flows both northward and eastward in irrigation ditches paralleling the streets. The property is bounded by several existing structures. East of the parcel is a three (3) story building containing five (5) townhomes. To the northeast, is a recent, neo-Victorian office building. A vacant parcel lies to the north. Across South Seventh Street to the west, are stables, corrals, and pasture/open space. A contemporary, single-family residence is located to the southwest. There is an older, single-family residence, barn, and 12 remnant tramway south of West Hopkins Avenue. The site is a 120' x 100 rectangular parcel (Property Survey Appendix, Exhibit C) , containing approximately 12 , 000 square feet of land. It is comprised of four (4) 30 ' x 100 ' original Aspen Town-site lots. The portion of the site, south of the Aspen Town- site 7-8 Line was recently incorporated into the City as part of the Block 19 annexation. The land is presently zoned Medium-Density Residential (R-6) . The townhomes to the east are contained within the R-15 (Moderate- Density) zone. The area north of the site, along Main Street is in the Office (0) Zone District. Parcels to the west of South Seventh Street and south of Hopkins Avenue are not within Aspen's City limits. They are part of the unincorporated area of Pitkin County and zoned Residential District R-15. 3.3 SUMMARY OF SITE FEATURES AND CONDITIONS The Site Summary Map (figure 3 . 1) presents an illustrative summary of site features and existing conditions that characterize the West Hopkins parcel and adjacent properties. These features and conditions represent both opportunities and constraints for development of the site. 13 Opportunities for Development *Minimal site preparation and grading will be required due to gentle topography. *The site is not impacted by natural hazards (avalanches, rockslides, flooding, etc. ) There are no significant stands of vegetation, rare or endangered plants, or wild- life habitat to impede development. *The parcel is readily accessible via existing roadways and transportation systems. It is also within walking distance of downtown. *Utilities are proximate with available capacity to serve the development. *The neighborhood contains a variety of land uses, intensities of development, and architectural styles. *There are excellent views in three (3) directions; south, southwest, and north. Constraints to Development *Minimal slopes will require careful site grading to promote rapid surface-water runoff and drainage. *Subsurface soil conditions may limit the potential for development below grade and/or require the need for large excavating equipment. This will be confirmed with further soil investigations. *Development alternatives are limited by adjacent land uses and existing structures. 14 4.0 Development Plan 4_0 DEVELOPMENT PLAN Aspen/Pitkin County Housing Authority proposes to construct a mix of eleven (11) affordable, deed-restricted residences on the 12 , 000 square foot West Hopkins parcel. The potential development plan may consist of: two (2) 3-bedroom townhouses, six (6) 2-bedroom townhouses, and three (3) 1-bedroom units. Eight (8) townhouses could be contained within two (2) 4-plex buildings while the 1- bedroom units could be above single-car carports along the alley. The plan (Site Plan, Figure 4 . 1) incorporates traditional, planning concepts. It is reflective of development patterns within the Aspen Town-site. Primary residential buildings (4-plexes) are oriented toward public streets. Secondary, "carriage houses" (1 bedroom units) and parking occur along the rear, service alley. In terms of architectural character, the goal is to achieve a livable, human-scale residential development consistent with the Shadow Mountain neighborhood. Building forms are envisioned to be simple, two-story rectangles with varied facades. Entry ways will be detailed and positioned to provide individual identity and privacy for each residence. (Floor Plans, Figure 4 .2 ; Massing Studies, Figure 4 . 3) . 15 4.1 WATER SYSTEM The City of Aspen can provide service to the project from its existing water lines in West Hopkins or South Seventh Street. The lines have adequate pressure and capacity to meet both the domestic and fire protection needs of the project. 4.2 SEWAGE TREATMENT SYSTEM The Aspen Sanitation District has sufficient line and plant capacity to service the development. 4.3 DRAINAGE SYSTEM It is anticipated that the development shall have a minimal impact on the property's historic drainage patterns and/or the amount and distribution of surface-water run-off. Historic drainage patterns, from south to north, shall be maintained. All run-off shall be detained on-site and released at historical rates. A drainage analysis will be prepared and submitted by a professional engineer at detailed submission. 4 .4 FIRE PROTECTION The site is contained within the Aspen Fire Protection District. The Aspen fire station is located on East Hopkins Avenue 16 approximately ten (10) blocks east of the proposed development. Response time is estimated to be between five (5) and ten (10) minutes. There is a fire hydrant across South Seventh Street near the southwest corner of the parcel. The proposed townhouses shall be in 4-plex configurations. This will eliminate the need for the buildings to be sprinkled according to Uniform Building Code standards. However, there shall be adequate fire-wall separation between units. Each residence shall be equipped with fire alarms/smoke detectors. 4.5 DEVELOPMENT DATA Compliance with Section 5-206.2 Affordable Housing (AH) of the Municipal Code is shown in Table 4 . 1, Dimensional Requirements. Table 4 . 2, Development Data, summarizes the West Hopkins Affordable Housing proposal . 4. 6 TRAFFIC AND PARKING The primary arterial roadway servicing the Aspen community is Colorado State Highway 82 . As the highway enters town, it follows the east/west alignment of Main Street. The West Hopkins parcel is accessible from Main Street to the north by local roads, South Seventh and South Sixth Streets. East-west circulation to the site is along West Hopkins Avenue, a local street. 17 Table 4.1 Dimensional Requirements Criterion Standard Proposal Minimum front yard 10 ' 10 ' Minimum rear yard 10' 10 ' Minimum side yard 5 ' 5 ' Minimum distance between buildings 5 ' 11 ' Maximum height 25 ' 30 ' (by special review) 30 ' Minimum lot size 3, 000 sq. ft. 12, 000 sq. ft. Minimum lot area/unit 1 bdrm: 400 sq. ft. 3 @ 400 = 1, 200 sq. ft. 2 bdrm: 800 sq. ft. 6 @ 800 = 4 , 800 sq. ft. 3 bdrm: 1, 200 sq. ft. 3 @ 1, 200 = 2 ,400 sq. ft. Minimum lot area total = 8, 400 sq. ft. 12, 000 sq. ft. Maximum F.A.R. 1. 1: 1 0. 87 : 1 Maximum Floor Area 13 , 200 sq. ft. 10, 400 sq. ft. (12 , 000 sq. ft. lot) Minimum open space (%) Special Review 48% Open space Special Review 5,760 sq. ft. Off-street parking Special Review 11 spaces Table 4.2 Development Data Number Unit type No.Bdrms. No.Baths Height Size Category 1 2 "Carriage House" 1 1 2 floors 490 sq. ft. above parking Category 2 1 "Carriage House" 1 1 2 floors 520 sq. ft. above parking 4 Townhouse 2 1 1/2 2 floors 880 sq. ft. 1 Townhouse 3 1 1/2 2 floors 960 sq. ft. Category 3 2 Townhouse 2 1 1/2 2 floors 960 sq. ft. 1 Townhouse 3 1 1/2 2 floors 1, 110 sq. ft. 11 Units total Total net livable 9, 010 sq. ft. An eleven (11) unit project will potentially generate approximately thirty-three (33) to fifty-five (55) vehicle trips per day, based upon an average of three (3) to five (5) trips per unit per day. The site is well-serviced by existing mass transit bus routes on Main Street, placing it at the lower end of the projected range. An extensive network of pedestrian/bicycle trails is readily accessible one (1) block south on Seventh Street via the Marolt bridge. The downtown commercial core is within walking distance, ten (10) blocks to the east. Given these considerations, it is anticipated that a minimum number of vehicle trips will be generated. A maximum of eleven (11) off-street parking spaces (1 space/unit) , is proposed along the alley between Main Street and West Hopkins Avenue. The alley parking will be accessible from either South Seventh or Sixth Streets. 4.7 AFFORDABLE HOUSING The West Hopkins development will provide 100%, affordable, deed- restricted housing in compliance with Aspen/Pitkin County Housing Guidelines and 1990-95 Production Plan. A summary of the proposed affordable housing project is detailed in Table 4 . 2 . 4 .8 STOVES AND FIREPLACES The development will not have any residential units equipped with heating stoves or fireplaces. 18 4.9 PROXIMITY TO PUBLIC FACILITIES The site is near a variety of community facilities. The Public Facilities Map (figure 4 .4) illustrates the projects ' relationship to parks, schools, libraries, governmental offices, etc. 4. 10 PROXIMITY TO SERVICES The West Hopkins project is centrally located with respect to existing retail and service outlets. The downtown, central business district is approximately ten (10) blocks to the east. Three (3) miles to the west on Highway 82 , is the Airport Business Center. 4.11 EFFECT ON ADJACENT LAND USES The Shadow Mountain neighborhood is characterized by a variety of land uses and development densities. The planning process for West Hopkins acknowledges this fact. The development will be compatible with the existing multi-family projects to the east. The proposed affordable housing land use plan will also create an effective transition zone between the commercial uses along Main Street and the single-family residences to the south and west. The land use patterns and neighborhood character will be maintained and strengthened by this zone amendment. 19 4.12 CONSTRUCTION SCHEDULE The Housing Authority is seeking to begin construction of the West Hopkins project in the summer of 1991. It is estimated that a nine (9) month construction period shall be required to complete the development. The residences should be ready for occupancy by Spring of 1992 . 20 5 .0 Land Use Requirements 5.0 LAND USE REOUIREMENTS The West Hopkins Affordable Housing proposal is subject to the following review requirements: Special Review (Height, Open Space, and Parking) ; Sub-division; Condominiumization; Amendment to Official Zone Map; and Growth Management Quota System (GMQS) Exemption. (Pre-application Conference Summary, Appendix D) . This application addresses the Amendment to Official Zone Map review standards. Within this section, compliance with this land use requirement is discussed. 5.1 AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP Aspen/Pitkin County Housing Authority (APCHA) requests the City of Aspen to grant rezoning approval for the West Hopkins site from Medium-Density Residential (R-6) to Affordable Housing (AH) . Section 7-1102 of the City Code establishes standards of review for rezoning amendments. In the following section, each of the review standards is listed in bold and the methods of compliance are stated. Section 7-1102 (A) . Whether the proposed amendment is in conflict with any applicable portions of this chapter. The proposed development complies with applicable portions of the Aspen Municipal Code Land Use Regulations as demonstrated within this application. 21 Section 7-1102 (B) Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. The Shadow Mountain vicinity is designated in the 1973 Land Use Plan as a mixed-use residential neighborhood. The Housing element of the Aspen Area Comprehensive Plan, Phase 1, 1991, establishes a goal of creating a housing environment which is dispersed, appropriately scaled to the neighborhoods and affordable. The proposed rezoning amendment, from R-6 to AH, is consistent with the Comprehensive Plan (Land Use Application, Section 2 . 1) and 1973 Land Use Plan (Section 1. 3) . Section 7-1102 (c) Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. The Shadow Mountain neighborhood is characterized by having varied zone districts (Existing Zoning Map, figure 5. 1) including: Office (0) , Lodge Preservation (LP) , Medium-Density Residential (R-6) , Moderate-Density Residential (R-15) , and Residential District (R-D 15) . Land uses also vary widely: single-family homes, multi- family units, and small lodges. Land uses on Main Street adjacent to the Shadow Mountain neighborhood are: single-family residences, multi-family units, small lodges, offices, a restaurant, antique shop, and a church. The proposed zone district of Affordable Housing (AH) and multi- family land use (Proposed Zoning Map, figure 5. 2) are compatible and characteristic of the existing neighborhood (Land Use Application, Section 4 . 11) . 22 Section 7-1102 (D) . The effect of the proposed amendment on traffic generation and road safety. An eleven (11) unit development should generate approximately thirty-three (33) to fifty-five (55) vehicle trips/day (Land Use Application, Section 4 . 6) . Due to the in-town location and proximity to mass transit routes, it is estimated that a minimum number of vehicle trips should be generated by the project on a daily basis. The proposed amendment should not impact traffic generation and/or road safety. Section 7-1102 (E) . Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, water supply, parks, drainage, schools, and emergency medical facilities. The West Hopkins Affordable Housing Development, based on APCHA Guidelines, should generate a resident population of approximately twenty-five (25) persons. This figure is calculated for the eleven (11) unit project as follows: (3) 1-bedroom units at 1. 75 persons/unit (5. 25 persons) ; (6) 2-bedroom units at 2 . 25 persons/unit (13 . 5 persons) ; and (2) 3-bedroom units at 3 . 0 persons/unit (6 persons) . The proposed development and its resident population should not unduly impact existing public facilities. As stated in this 23 land use application, the current facilities are capable of accommodating the service demands of the project and its residents. Section 7-1102 (F) . Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. The development shall not adversely impact the natural environment (Land Use Application, Sections 3 . 1 and 3 . 3) . Section 7-1102 (G) . Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Aspen' s neighborhoods, including Shadow Mountain, have been traditionally comprised of various housing types, including those which are affordable by working residents. The proposed Affordable Housing (AH) amendment is consistent and compatible with the community character of Aspen (Land Use Application, Section 2 . 1 and Neighborhood Context Map, Figure 5. 3) . Section 7-1102 (H) . Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Conditions within close proximity of the West Hopkins parcel have not changed significantly in recent years. However, other neighborhoods within the City have undergone considerable change. Substantial quantities of free-market housing, traditionally used by working residents, have been removed from the available inventory. A variety of factors have contributed to this 24 situation: demolition/redevelopment of older properties, speculative second-home development, condominiumization, conversion to short-term rental, and increased rental rates. To address the affordable housing problem, the City, County and Housing Authority enacted a comprehensive program. An important component of this multi-jurisdictional plan is to produce new affordable units. Several affordable housing projects have been completed recently within the general area of West Hopkins parcel: Marolt Ranch, Twin Ridge, and Truscott Place. The Affordable Housing Production Plan establishes a goal of 366 units to be produced between 1991-95 by the public sector. The West Hopkins development is contained within this production plan. Recent changes within the community, support the proposed Affordable Housing (AH) amendment (Land Use Application, Sections 1. 3 , 2 . 1, and 2. 2) . Section 7-1102 (1) . Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. The proposed amendment is consistent with established public policy regarding affordable housing. The adoption of the 1973 Land Use Plan instituted a policy favoring the development of housing for employees of the community. The current Land Use Regulations, Comprehensive Plan, and Production Plan are further refinements in striving to attain the community' s affordable housing goals (Land Use Application, Sections 1. 3 ; 2 . 1 and 2 . 2) . 25 6. 0 Implementation Plan 6.0 IMPLEMENTATION PLAN 6.1 Detailed Plans A detailed submission shall be prepared for the West Hopkins Affordable Housing Development. The detailed plan shall conform to the Land Use Rezoning Application in terms of general location, number of proposed dwelling units, density, and general standards of development. The detailed submission shall be consistent with the City' s current application and submittal requirements. The detailed plan shall be developed subject to all conditions imposed as terms of the land use application rezoning approval. 26 u) ye . I / . 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A IL Appendix exhibit A AGREEMENT FOR THE • ASSIGNMENT OF CONTRACT RIGHTS ,/ This Agreement is made and entered into this c23 day of , 1990 by and between the City of Aspen, a Colorado municipal corporation (hereinafter "City") , and the Aspen/Pitkin County Housing Authority, a multi-jurisdictional• housing authori- ty pursuant to Colorado law (hereinafter "Authority") . • RECITALS 1 . The City has entered into Contracts for the purchase of certain real property located within the City of Aspen, copies of which are attached hereto as Exhibits A and B and incorporated herein by this reference and referred to herein collectively as the "Contracts" . 2 . The City desires to assign its rights under the Con- tracts to the Authority and the Authority desires to accept assignment of such Contracts in order to facilitate the acquisi- tion, development and resale of the real property described therein, collectively referred to as the "Property" , subject to the terms and conditions hereof. NOW, THEREFORE , the parties agree as follows : 1 . Assignment. The City hereby assigns to the Authority all of its right, title and interest in and to the Contracts . The Authority agrees to accept assignment of the Contracts and to proceed diligently to acquire the Property in accordance with the terms of each Contract. 2 . Funding. The City agrees to loan to the Authority such funds as will be required in order to complete the acquisition of the Property pursuant to each Contract. The loan will be evi- denced by a loan agreement and promissory note to be entered into prior to Closing under the Contracts . The loan agreement and promissory note 'will provide that the Authority shall be obligat- ed to repay the face amount of the note, together with any interest accrued thereon, solely from the proceeds of the resale of the Property and/or the improvements to be constructed thereon to the extent that any such proceeds are available after the payment by the Authority of all debts , costs and obligations incurred in the acquisition and development of the Property . 'Should the City be unable, for any reason , to provide the neces- sary funding prior to Closing, the Authority may elect to either proceed with acquisition using its own funds or to reassign the 'Contracts to the City, in which case , the Authority shall have no further obligation with respect to the acquisition and develop- ment of the Property. exhibit. A I A Ka9t i • 3 . Development program. The Authority agrees to commence and diligently pursue the development of the Property generally • in accordance with the following outline : a . File and process an application to rezone the w Property from its present classification to Affordable Housing . - b . Arrange for and secure such debt financing as may be required in order to complete acquisition and construction of affordable housing units and arrange for and secure permanent financing in 'the event that title to the Property is to be retained by the Authority subject to land leases . The terms , conditions and requirements of any such financing shall be determined in cooperation with and subject to the approval of the City Council. - '° c . Following rezoning, determine the actual develop- ment program to be undertaken and prepare requests for de- s sign/build proposals . The terms , conditions and specifications of the proposal shall be developed in cooperation with and subject to the approval of the City Council . d . Establish the criteria for and method of sale or lease of the Property and the dwelling units to be constructed thereon, including pricing and buyer qualifications . Such criteria and methodology shall be determined in cooperation with �. and subject to the approval of the City Council . 4 . City Personnel. The City shall provide and pay for the services of a land planner, the special legal counsel and the City ' s financial advisor to assist the Authority in undertaking • the development program outlined above . 5 . Disclaimer . By virtue of its assignment of the Con- tracts hereunder, the City shall not be estopped to deny the anticipated rezoning application or to impose conditions thereon - as the public interest and the standards of the Aspen Land Use regulations may require . 6 . Option . If, as contemplated in paragraph 3b, above , the parties decide that the Authority will retain title to the • . Property and enter into land leases with the purchasers of the u improvements to be constructed thereon, the Authority shall grant and convey to the City an unconditional and irrevocable option to acquire the Property at such time as the City shall determine, for a nominal sum, and upon such other terms as may be required by the City. In acquiring the Property pursuant to this option, the City shall take title subject to the terms of any land leases which are in effect at the time the option is exercised and subject to any mortgages or deeds of trust which have been -granted in connection with the financing of the cost of improve- ments constructed thereon, and shall release and indemnify the Authority from and against any and all further liability there- for . 02/DD8 -2- p Executed in duplicate originals the day and year above first ( • written. CITY OF ASPEN ASPEN/PITKIN COUNTY • HOUSItG AUTHORITY By : &Mee s 6-7 ATTEST: & City Cler • 02/DD8 -3- LOAN AGREEMENT AND OPTION .n THIS LOAN AGREEMENT AND OPTION is made and entered into this day of , 1990 , by and between the CITY OF ASPEN, a Colorado municipal corporation (the "City") , and the ASPEN/PITK1N COUNTY HOUSING AUTHORITY, a multi-jurisdictional housing authority (the "Authority") . R E C I T A L S : 1 . The Authority is the owner of certain real property located in the County of Pitkin, City of Aspen, which is referred to herein as the "Property" and is more particularly described in Exhibit "A" , attached hereto and incorporated herein by this ., reference. 2. Pursuant to an Agreement for the Assignment of Contract Rights entered into by and between the City and the Authority on April 23 , 1990 (the "Assignment Agreement" ) , the City appropri- ated and advanced funds to the Authority for the purpose of acquiring the Property. The funds so advanced are identified below and referred to herein as the "Loan Funds" . 3 . As contemplated in the Assignment Agreement, the e parties desire to set forth herein the terms on which the Author- ity shall be obligated to repay the Loan Funds and the rights and remedies of the parties with respect to the development of the Property for affordable housing. NOW, THEREFORE , in consideration of the agreements and matters set forth herein, the parties agree as follows : s S 1 . Receipt and Use of Loan Funds . The Authority hereby acknowledges receipt of the Loan Funds and certifies their 0 expenditure as follows : - A. $937 , 515 . 60 for acquisition of the West Hopkins sites . B. $650 , 070 . 00 for acquisition of the East Hopkins site. C. Total Loan Funds $1 , 587 ,585 . 60 . s 2 . Repayment of Loan Funds . Subject to the provisions of this Agreement, the .Authority promises to pay to the City the amount of the Loan Funds ($1 , 587 , 585 . 60) , together with interest thereon at the rate of 9 . 25% per annum, which amount shall be due and payable on the "Payment Date" set forth below. The City acknowledges that the sole source of repayment of the Loan Funds and the interest due thereon shall be limited to the Net Proceeds w- derived from the sale, lease or other disposition of the Property and/or as a result of any permanent financing secured by the Property, as more particularly described below. r i • "Net Proceeds" are defined as any funds received by the A'•tthority from the sale of the Property and/or the improvements to be constructed thereon, and/or any funds disbursed to the • Authority pursuant to a loan or bond secured by the Property and completed improvements (the "Permanent Loan") , less all costs incurred by the Authority in the development of said improve- ments , including, but not limited to, planning, legal, architec- tural, engineering, interest and financing costs , and all costs of construction, including materials and labor (the "Project Costs") . If the Property and improvements are sold to qualified buyers as affordable housing, the "Payment Date" shall be the tenth (10th) day following the last sale of a dwelling unit . Upon receipt of the Net Proceeds , any balance of the Loan Funds and accrued interest remaining due shall be forgiven and the Authority shall be released . from any further repayment obligation hereunder. If the Property and the improvements are leased as afford- able housing to qualified occupants , the Authority will arrange for and secure a Permanent Loan in the maximum amount which can reasonably be serviced by the anticipated rental income and shall pay to the City the amount of Loan Proceeds over and above those required to pay off the Project Costs . Such proceeds shall be paid to the City in partial satisfaction of the repayment obligation within ten (10) days after receipt . Thereafter, the repayment obligation shall remain in effect and shall be sat- isfied by (a) the payment to the City of net operating income from rental of the improvements within ten (10) days of the close of each fiscal year, less debt service and a reasonable reserve for repair, maintenance and vacancy; and (b) by payment to the City of the proceeds from the sale of any dwelling unit on the Property, less the ordinary and customary costs of. sale (i.e . , commissions and closing costs) . Upon the receipt of said loan proceeds , net operating income and/or sale proceeds , the balance of the Loan Funds and accrued interest due shall be forgiven and the Authority shall be released from any further repayment obligation hereunder. 3 . Security/Subordination. As security for the perfor- mance of its obligations hereunder, the Authority hereby grants and assigns, for collateral purposes , all of its right, title and interest in and to any proceeds which the Authority receives from any of the following sources : (a) resale of the Property; (b) sale of the Property together with improvements constructed thereon; (c) the leasing of the land with or without improve- . ments; (d) the sale of improvements subject to a land lease; (e) the proceeds of a Permanent Loan secured by the Property, the improvements thereon and any leases of the Property and/or improvements thereon; or (f) from any other similar source. The City agrees to subordinate the foregoing security interest to a loan or bond for the construction of improvements on the Property, provided that the type of improvements , the terms of OA/DD1 _Ast1/4 --. such loan or bond, and the plan for the resale and/or lease of s the improvements have been approved , by the City as provided in. the Assignment Agreement. s 4 . Use and Development of the Property. The Authority shall use and develop the Property strictly in accordance with .� the provisions of Paragraph 3 of the Assignment Agreement. 5 . Events of Default and Remedies . A. Default . The following shall be considered events of default: (1) Failure of the City and Authority to agree upon a "development program" for the Property, as contemplated and described in Paragraph 3 of the Assignment Agreement, s within a reasonable time following the date of this Agreement. (2) Failure of the Authority to under- take or , diligently pursue the agreed-upon development program approved by the City. (3) If, after _ commencement of the development program, there is any cessation of activity thereunder for a period in excess of thirty (30) days . (4) Any material deviation from the development program or marketing plan ap- proved by the City. (5) The filing of any mechanic' s liens or suits which would result in a lien on the Property. (6) If the City determines that the cost to complete the development program will be in excess of the amount committed pursuant s to a construction loan commitment. (7) If the Authority is in default or fails to perform any provision of this Agreement which it is required to perform. - B . Notice , Right to Cure . In the event that the City believes that the Authority is. in default with respect to the performance of this Agreement, as defined above , the City shall provide written notice of such default to the Authority. The Authority shall have a period of fifteen (15) days to provide evidence to the satisfaction of the City that the default has been cured or will be cured within a reasonable amount 08/DD1 -3- "' of time. If the City is satisfied that the default has been cured or will be cured, this Agreement shall remain in full force and effect. Otherwise, the City shall have the remedies set forth below. C. Remedies . If any event of default shall occur and shall not be cured, the City, at its sole option, may: (1) In addition to any other remedies which the City may have under this Agreement or by statute or by rule of law, enter upon the Property and construct, equip and com- plete any and all of the improvements contem- plated in the development program or such amendments thereto as the City may from time • to time, and in its sole discretion, deem appropriate. The City shall have the right at any and all times to discontinue any work commenced by it in respect to such improve- ments or to change any course of action undertaken by it and shall not be bound by any limitations or requirements of time whether set forth herein or otherwise . The City shall have the right and power at its option to assume any contract made by or on behalf of the Authority in any way relating to the construction of said improvements and to take over and use all or any part or parts of the labor, materials , supplies and equip- ment contracted for by or on behalf of the Authority, including such equipment and supplies as have theretofore been delivered to the Property or stored in any facility for incorporation into the Property or said improvements , all in the sole and absolute discretion of the City. (2) In connection with the completion of the development program, the City may : • (a) engage builders , contractors , architects , engineers and others for the purpose of furnishing labor, materials and equipment in connection with the completion of the im- provements contemplated in the development program; (b) pay, settle or compromise all bills or claims which may become liens against the Property or the improvements, or both, or which have been or may be incurred in any manner in connection with completion of the improvements or for the discharge of liens , encumbrances , or defects in the title of the Property and/or the improvements; (c) take such action as it may determine to flq!nn1 -q- • protect the Property or improvements and/or supplies delivered for incorporation into the Property or improvements . D. Attornev-in-Fact. For the purpose of facil- itating enforcement of the remedies provided above, the Authority hereby irrevocably constitutes and appoints the City its true and lawful attorney-in-fact to execute , acknowledge and deliver any instruments and to do and perform any acts relating to completion of the • development program for and on behalf of the Authority and in its name and place . This power of attorney - shall be deemed to be a power coupled with an interest and is irrevocable . The City, as such attor- ney-in-fact, shall also have the power to prosecute and defend all actions or proceedings in connection with or affecting the Property or the development of improve- ments thereon. E. Remedies Cumulative. All powers and remedies given by this section shall be cumulative and not exclusive of one another or of any other right, remedy or of any other powers available to the City by appli- cable law to enforce the performance or observance of the covenants and agreements of the Authority contained in this Agreement. No delay or omission of the City to exercise any right, remedy or power arising upon any default shall impair any such right, remedy or power with respect to any other subsequent default. Every power, right and remedy given to the City may be exercised from time to time and as often as may be deemed necessary by the City. • 6 . Recording of this Agreement. This Agreement, or a memorandum thereof, may be placed in the records of the Clerk and Recorder of Pitkin County, Colorado. 7 . Other Documentation. Either the City or the Authority shall execute such other documentation as may reasonably be required in order to effectuate this Agreement. *� 8 . Option to Purchase . Any of the foregoing provisions to .. the contrary, notwithstanding, if the parties determine that the r. Authority will either enter into land leases with the purchasers of the improvements to be constructed on the Property, or will lease the improvements, the City shall have the right, but not the obligation, to acquire the Property from the Authority, subject to any and all liens and encumbrances , for the purchase .• price of $10 . 00 . The foregoing option to purchase shall be unconditional and irrevocable. In acquiring the Property pursuant to this option, the City shall take title subject to the terms of any land leases which are in effect at the time the ' option is exercised and subject to any mortgages or deeds of trust which have been granted in connection with the financing of 1k 08/DD1 -5- " the cost of improvements constructed thereon, and shall release and indemnify the Authority from and against any and all further liability with respect to such obligations . 9 . Miscellaneous Provisions . A. Waiver. No waiver at any time of the pro- visions or conditions of this Agreement or of any other documents executed in connection therewith shall be considered as a waiver of any of the other provisions • or conditions hereof, nor shall a waiver of any pro- vision or condition be construed as a right to a subsequent waiver of any other provisions or conditions or be construed as a right to a subsequent waiver of the same provision or condition. B. Amendments. Neither this Agreement nor any provisions hereof may be changed, waived, discharged or terminated orally and may only be modified or amended by an instrument in writing, signed by both parties hereto. C. Notices . All notices shall be in writing and shall be deemed to have been sufficiently given or served when presented personally or when deposited in • the United States mail, registered or certified mail, • addressed to the parties as follows : To the City: City of Aspen Attention: City Manager 130 South Galena Aspen, CO 81611 To the Authority: Aspen/Pitkin County Housing Authority Attention: Director Truscott Place 39551 Highway 82 Aspen, CO 81611 D. Interpretation. This Agreement and all matters relating thereto shall be governed by and construed and interpreted in accordance with the laws of the State of Colorado. Esecuted in duplicate originals the day and year above first written. CITY OF ASPEN By: ASPEN/PITFIN COUNTY HOUSING AUTHORITY By: 08/DP1 -6- EXHIBIT "A" • I . West Hopkins Parcels : 0$ A. PARCEL AL ' A tract of Land lying and being situated in the ' Southeast1/4 of Section 12 , Township 10 South , Range 85 West of `the 6th Principal Meridian, Pitkin County , State of Colorado , consisting of Lots M and N Block 19 , City of Aspen ; and a portion of "LOT 16 " ( as shown on the w Bureau of Land Management Plat of the Dependent Resurvey and Survey o Township 10 South , Range 85 West of the 6th Principal Meridian , m Colorado , approved February 14 , 1980 , and recorded December 8 , 1986 1* Pitkin County Records in Book 524 at Page 552 ) ; and a portion of the Homestake patented Mining Claim U .S .M .S . No . 4211 ; and a portion of the Mary B . No . 2 Lode Mining Claim , U .S _M .S . 'No . 19640 ; being more fully0 described as follows : • • . BEGINNING at - the Northwest Corner of Lot M , Block 19 , City of Aspen ; • Thence South 14°50 '49 " West along the West line and the Southerly extension thereof of Lot M , Block 19 , City of Aspen , a distance of rt 100 .00 feet to a point on the Westerly extension of the North line 'of West Hopkins Avenue of the City of Aspen ; Thence South 75°09 ' 11 " East along the Westerly extension of the North line of West Hopkins Avenue of the City of Aspen , a distance of 60 .00 feet ; Thence North 14°50 '49 " East along the East line and the Southerly • extension thereof of Lot N , Block 19 , City of Aspen , a distance of 100 .00 feet ; Thence North 75°09 ' 11 " West along the South line of the alley in Blocks City of Aspen , a distance of 60 .00 feet , TO THE POINT OF BEGINNING County of Pitkin, State of Colorado. -- _ B. PARCEL B: A percel of Land lying and being situated in the Southeast 1/4 of. Section 12 , Township 10 South , Range 85 West of the 6th Principal ' s Meridian , Pitkin County , State of Colorado , consisting of Lots K and L , Blo .:k 19 , City of Aspen; and a portion of "LOT 15" ( as shown on the Bureau of Land Management Plat of the Dependent Resurvey and Survey for . Townnahip 10 South , Range 85 West of the 6th Principal Meridian , Colorado , approved February 14 , 1980 , and recorded December 8 , 1986 in �. Pitkin County Records in Book 524 at Page 552 ) ; and a portion of the Homestake Patented ;lining Claim U .S .M .S . No . 4211 ; more fully described as follows : • BEGINNING at the point of intersection of the East line of South s Seventh Street extended of the City of Aspen and the South line of t' '. alley in Block 19 extended Westerly from whence the Northwest Cornet f Block 19 , City of Aspen , bears North 14°50 ' 49 " East a distance of s 121 .01 feet ; Thence South 14°50 '49 " West along the East line of South Seventh Stree* extended a distance of 100 .00 feet to a point on the North line of Wes Napkins .'Venue of thn C : `. / (7f A7rn ❑ Thence South 75°09 ' 11 " East along the Westerly extension of the North line of West Hopkins Avenue extended a disatance of 60 .00 feet; ( Thence orthe14 °50 '49 "Lot ast along the East line and the Southerly 100 .00 feet ; 19 , City of Aspen , a distance of Thence North 75°09 ' 11 " West along the South line and the Westerly extension thereof of the alley in Block 19 , City of Aspen , a distance of 60 .00 feet , TO THE POINT OF BEGINNING . • County of Pitkin, State of Colorado. C. A triangular shaped portion of the HCNESTAKE LODE PATFNI7j MINING CLAIM U.S.M.S. No. 4211, described as follows: BEGINNING AT DIE POINT of intersection of line 4 - 1 of the Hanestake Lode and the Westerly extension of the North line of West Hopkins Avenue of the City North 9°37' West along said line 4 y of Aspen; of intersection with the Southerly extension loff the eEast side eline eof to Lot eN, , Block 19, City of Aspen, as described in that certain deed recorded in lint at Page 992 cf the ritkin County records; thence South 14050 '49" West along said Southerly extension of the East line of Lot N, Block 19, City of As point of intersection with the Westerly extension of the North line o/West Hopkins Avenue of the City of Aspen; thence South 75000'11" East erly extension of the North line of West Hopkins Avenue to THE INTn g said West- POINT OF BEGINNING. County of Pitkin, State of Colorado 1 . East Hopkins Parcel PARCEL A: Lots F, G and H , Block 33 , EAST ASPEN ADDITIONAL TO THE CITY AND TOWNSITE OF ASPEN PARCEL B: Lot 5 , Block 5, RIVERSIDE ADDITION, TO THE CITY AND TOWNSITE OF ASPEN TOGETHER faITH a non-exclusive easement and right-of-way over and across the easterly fourteen (14) feet of Lot Q, Block 33 , East Aspen Addition to the Townsite of Aspen for the purpose of access to and from the alley located in said Block 33 from and to Hyman Avenue. County of Pitkin, State of Colorado. -2- • exhibit B INFORMATION ITEM TO: Housing Authority Board FROM: Yvonne Blocker, Administration Manager DATE: March 17, 1991 RE: Amendment to Affordable Housing Guidelines 1990 SUMMARY: The 1990 Affordable Housing Guidelines were amended by the Aspen City Council on December 17, 1990 and the Board of County Commissioners on December 18, 1990 to provide for the revised Maximum Income Tables and the addition of a Category #3 square foot range. The revisions are as follows: Cat #1 Cat #2 Cat #3 Cat #4 Studio 300-400 401-500 501-600 601-650 One Bed 401-500 501-600 601-700 701-750 Two Bed 501-750 751-900 901-1, 000 1001-1100 Three Bed 750-900 901-1100 1101-1200 1201-1400 SFH 901-1100 1101-1200 1201-1400 1401-1600 INCOME MAXIMUM TABLE REQUIRED Cat 1 Cat 2 Cat 3 Cat 4 Studio $13 , 333 $20,961 $30, 283 $38,379 One Bed 16, 666 24 , 121 35, 331 44,283 Two Bed 24 , 998 37, 712 50, 473 64,942 Three Bed 28, 895 46, 092 60, 568 82,662 SFH 36, 664 48 , 400 70, 662 94,470 exhibit B exhibit C y ', b F � u u r a ✓D cL0 7v+.1 -4 a u o jr�P - o . c a _ F :'.4 c _ V E J U ti U u: d c GI 7 Y a a O O. m W_i C Y.4y 4 d CO ti;.4.-4 R V V^ Q • F- o .5 C.P a Ina C C omy) ° ° T m m4 _O XO0 OY ➢✓Y p ?� 0 0Y Le C.0 0 .t •, \ ‘1 0 z W ¢ W N ` 0--4 a c0 ¢ + la.4 wa F' t4 O' C ') -' a- V IV oo� 6y � ..y onano - e c _ 9 m At -4 0 0 a ° s � • .0 441 1.,0 ✓ m _ Q - - 1 'A A 1 d e >. a o. o '^ F C C T C^ Y C O a 0 9 4 O v C Q C f of _a Q a"' W > X UN W O Y a n m D 4 P Y Y v m D 0 7 al Y U V 4 O -O ti �m 3 H t CO C m S Y p L O d p N mZ `. 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Li lb i ~I/ �U 0� ci roc • W ai a \ D �o /o o tri z ul i 33 ac = 3 3' O / tl ozuz ` NN Orr Y �� / � = 0 0 s w "j• C nLo D v `° a d �"o` p w `--COI f- 'y O LL W ¢ N Q v Q W / ,. ..?Z 4)4\ 0 ❑ m> i' n L v7/ O0 / �..� a a " ¢s Q 2 zzt-oac Q cmco In a.uo m¢ ow ww roc m>m z tot l a \ w `P amY' c , oo �bl M,.b� oSQi•i c O l/ foO a HN FF Z O¢U¢w¢U N S V o / / .g • 3 J J I ' ` dot S 030N31 X3 1S H 343 S Winos 1 vir exhibit D CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY I / i { .' .i ( /z- Y '"s", /".J , . PROJECT: 'RI . �i ilrN2- (. ( e;. l �L^. ' b' APPLICANT'S REPRESENTATIVE: j .j ) �; REPRESENTATIVE'S PHON : /Ve411h�A e-pa�,fria4.11-4-i^- / i � `` 1 c OWNER'S NAME: %; ISA/ A 1,0 4 , /�“, Wlt/+� 2 IF'/ gAr liet.p,p,Q UMMARY (as?Type of Application: � " ' /904TUlet't.7 J Pit 12. Describe action/type of development being requested: ;' . I'. A-- i `0896 1La . a,,s- ' / UU 3 . Areas is which Applicant has been requested to respond, types of reports requested: ( &A)Policy Area/ f5 �` Referral Agent Comments .i. A./_9.4.4:e.A_ _ Tvie • fames _ al -5)) 4 . Review is: (P&Z Only) (CC Only) (P Z then to CC) / 0 5. Public Hearing: (YES) D.(NO) - 30 30 6. Number of copies of the application to be submitted: •• 7 . What fee was applicant requested to submit: 4 L wO-CAtez 8 . Anticipated date of submission: 9 . COMMENTS/UNIQUE CONCERNS: ` — ' t 4 ..iii L • ja, a i/all ..s n•♦ • .�• i t. frm.pre_app exhibit ' D