HomeMy WebLinkAboutcoa.lu.rz.West Hopkins AH.1991Mc,-2 (�- lela(26-v)5
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson,Project Engineer :KSl
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) .
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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/MEM091.36
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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.
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Aspen /
Pitkin County
Housing
Authority
Affordable
Housing
Land Use
Application
VEST
HOPKINs
•
Housing Authority
City of Aspen/Pitkin County
39551 Highway e2
Aspen, Colorado e 1 61 1
(3O3) 92O-5050
Fax: (3O3) 92O-55BO
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,
F"— NM41�'
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
PREFACE
Pace number
1.0 INTRODUCTION
1.1 Project Location
1.2 Authority and Scope
1.3 Background
2.0 PLANNING GOALS AND OBJECTIVES
2.1 Relationship to Aspen Area Comprehensive Plan
2.2 Relationship to Affordable Housing Production Plan
3.0 EXISTING CONDITIONS
3.1 Natural Factors
3.2 Man-made Factors
3.3 Summary of Site Features and Conditions
4.0 DEVELOPMENT PLAN
4.1 Water System
4.2 Sewage Treatment System
4.3 Drainage System
4.4 Fire Protection
4.5 Development Data
4.6 Traffic and Parking
4.7 Affordable Housing
4.8 Stoves and Fireplaces
4.9 Proximity to Public Facilities
4.10 Proximity to Services
4.11 Effect on Adjacent Land Uses
4.12 Construction Schedule
5.0 LAND USE REQUIREMENTS
5.1 Amendment to the Official Zone District Map
6.0 IMPLEMENTATION PLAN
6.1 Detailed Plans
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2
2
4
6
6
9
11
11
12
13
15
16
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17
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19
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26
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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
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C]
Number
4.1
4.2
LIST OF TABLES
Table Title
Dimensional Requirements
Development Data
iii
Follows page number
17
17
C.
CJ
Exhibit Title
LIST OF EXIiIBITS
Exhibit
Assignment of Contract Rights/Legal Description A
Square Footage Ranges and Income Maximums B
Property Survey C
Pre -application Conference Summary D
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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
►A
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.
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ArI7VJ M- ,Ir 1
• LAND USE APPLICATION FORM t�•
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7) IjW of Application (please chock all Wat apply)
Ootxlitional. Use OCXXrptml. SPA (bxxoeptual Ilistoric Dev.
O Spacial Review Final. SPA Final Ilistoric Dev.
8040 Greenli_ne Oonaeptual. PUD Minor ICistoric Dev-
Stteam Maucgixi Final PUD Itistoric Demliti.on
Mountain View Plane O Subdivision IListoric Designation
O cbnclomiuuumization 0 Text,/Map Ametxlux- it GM S Allounei t
Lot- Split,/Lot Line O UI,2S E�=ption
Adjustment
e) Description of Existing Uses (ixmber and type of e3dstitIg structures;
approximate sq- ft.; r■mdx--r of bedmKins; any previous approvals granted to U-be
Property) -
000 sc�u�P-� f= OoT— Ut��M OYO
9) Description of Development Application
rC-01. Z-Orvi PiOTN!;�-1 ey(AA- � nv�s (rays1ne-� �
10) Have you attached Uie following?
• Pesponse to AttacI merit 2, Mbdo m SUIIAISSioll Oantents
• vesponse to Attacimient S, Slxecific SuUniss-ion Orxrtertts
I• Response to Attacluml►t 4, Izeview StarxImLu for Your Application
VII
1.0 IntrodLICt1011
1 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
fdevelopment'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
Iprivate affordable housing projects within Aspen and surrounding
areas.
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' 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-
f1-203 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:
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Locariori Map
500 0 1000 2000 3000
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Aspen
Pitkin County
Housing
Authority
Legend
Site
Highway 82
n Streets and Avenues
Pedestrian Mallsi
Roaring Fork River
Creeks
Hallam Lake
Bridges
Ski Lifts
-,----=-�— ASPEN F--(
5-41
IN1 •lstq VOUNTAW,
Location Map
figure- 1-1
WEST
HOPKINS
'Ito 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
Ipurpose:
"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.
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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.
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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
Ieffectively.
IHowever, 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
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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.
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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
ito 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.
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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
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' 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
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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
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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 AH 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.
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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.
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3.0 Existing Co nclit-io s
1 0 0
1 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
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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
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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.
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Access Point
Secondary Access Point
Contour Lines
Surface Drainage
Primary Views
Irrigation Ditches
Tree Canopies
Utility boxes
Fences
�,A�SPEN-
Site Summary
figure 3.1'
WEST
I JOPKINS
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.
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4.0 Development Pkm
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).
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1st Floor =��,N6-. ksava�vm a,1kP--
Floor Plays
8 4 0 8 16 24
r - 4
Aspen /
Pitkin County
Housing
Authority
Floor Plans
figure: 4.21
WEST
1 11 jOPKINs
Pr`0r5 E
�d A^c-rc �'h+r:�CrHr aM,r (SP�c�►L I�ev�Gw)
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(VlL-,w/ r Dst4 &- (Vo/Tk )
Mlassirng Studies
20 10 0 20 40 60
T
• '
Aspen /
Pitkin County
Housing
Authority
Massing Studies
figure' 4-3
i / - WEST
I IOPKINS
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'
S'
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.
Maximum F.A.R.
Maximum Floor Area
(12,000 sq.ft. lot)
Minimum open space (%)
Open space
1.1:1
13,200 sq. ft.
Special Review
Special Review
12,000 sq.ft.
0.87:1
10,400 sq. ft.
48%
5,760 sq.ft.
Off-street parking Special Review 11 spaces
•
•
Number Unit type
Category 1
2 "Carriage House"
Category 2
1 "Carriage House"
4 Townhouse
1 Townhouse
Category 3
2 Townhouse
1 Townhouse
11 Units total
Table 4.2
Development Data
No.Bdrms. No.Baths Height
Size
1 1 2 floors 490 sq.ft.
above parking
1 1
2
floors 520
sq.ft.
above
parking
2 1 1/2
2
floors 880
sq.ft.
3 1 1/2
2
floors 960
sq.ft.
2 1 1/2
2
floors 960
sq. ft.
3 1 1/2
2
floors 1,110
sq. ft.
Total net livable 9,010 sq.ft.
0
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
0
I V
0��—P 13 1
oA A �
��i y s, el ¢'� 5 I 6 r�
WESTNr Pry
2 ,I 1
HOPKINs31
1�j -
p-
, 4 N44, AN7"
11� C
2 4 6
Aspen Mountain
PLiblic Facilities Map
1000 500 0 1000 2000 3000
_n i==1 =�
Aspen /
Pitkin County
Housing
Authority
Key
CITY OF ASPEN
EDUCATIONAL
1 City Hall
16
Elementary
2 Fire Station
17
Middle School.
3 Parking Garage
18
High School
4 Rubey Park
19
C:M! C
Transit:Center
HEALTH
PITRIN COUNTY
20
Human Services
5 Courthouse
21
Hospital
6 Community Center
-, Youth Center
RECREATION/PARKS
8 Library
22
Golf Course
FEDERAL
23
Ice Garden
9 Post Office
24
Moore Pool
10 Forest Service
25
Glory Hole
CULTURAL
26
Herron
11 Wheeler
27
Iselin
12 Aspen Institute
28
Koch Lumber
13 Aspen Art Museum
29
Paepcke
14 Historical Society
15 ACES
30
Rio Grande
31
Wagner
Public Facilities
Map
figure 4.4
WEST
I JOPKINS
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 i_ a i-icl Use Requirements
5.0 LAND USE REQUIREMENTS
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
/V ,=� v
M /1" N
y r,
S � -
Ex1srlleg Zomng N/lap
50 25 0
50 100 150
Aspen /
Pitkin County
Housing
Authority
Legend
CITY OF ASPEN
Office
Medium-
R-6 Density Resident_
Moderate-
R _. Density Residential
PITRIN COUNTY
dc, Residential -District
1 f
Ski
bpmMOUNT ftL=
Existing Zoning Map
figure 5.1
VEST
HOPKINS
i
Proposed Zoning Map
50 25 0 50 100 150
t
� s
i
Aspen /
Pitkin County
Housing
Authority
Legend
CITY OF ASPEN
AH Affordable Housing
Office
Medium -
Density Residential
Moderate -
Density Residential
PITRIN COUNTY
R-15� Residential -District
ASPEN
ri
r
Proposed Zoning Map
figure 5.2
WEST
HOPKINS
•
•
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;
persons/unit (5.25 persons);
persons/unit (13.5 persons);
persons/unit (6 persons).
(3) 1-bedroom units at 1.75
(6) 2-bedroom units at 2.25
and (2) 3-bedroom units at 3.0
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
sro1-
si6yv (rr?)
srd�
Aspen /
Pitkin County
Housing
Authority
s� p
w
G f '�-
w�er-Mf►�N
�} V✓G � 1 ✓i�l
IV --
-1 rc r ,y G
A V
Neighborhood Context
50 25 0 50 100 150
Legend
CITY OF ASPEN
Affordable
AH
Housing (proposed)
Office
R-6 Medium -
Density Residential
Moderate-
R-15
Density Residential
PITRIN COUNTY
,R-15 Residential -District
Single Family
SF Residence
h�)l
ASPEN
1►
1 �
Neighborhood Context -
figure 51.3'
WEST
I JOPKINS
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
I 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
1 units to be produced between 1991-95 by the public sector. The
I
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(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.
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 Pl,, 1
•
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
Appendix
exhibit A
AGREEMENT FOR THE
ASSIGNMENT OF CONTRACT RIGHTS
This Agreement is made and entered into this C;�E day of
i(_ 1., 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").
Pp.rTTAT,S
1. The Citv 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 hereb- 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,
0
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
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
Citv Council.
C. Following rezoning, determine the actual -develop-
ment program to be undertaken and prepare requests for de-
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
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 Citv. In acquiring the Property pursuant to this option,
the City shall take title subject to the terms of anv 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-
M
Executed in duplicate -originals the day and year above first
written.
CITY OF ASPEN ASPEN/PITKIN COUNTY
• HOUSIt G AUTHORITY
BY: By:
,,AUTHORITY
►
ATTEST:
City Cler
02/DD8 -3-
LOAN AGREEMENT AND OPTION
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/PITKIN COUNTY ROUSING AUTIiORITY, a multi -jurisdictional
housing authority (the "Authority").
R E C I T A L S:
1. The Authority is the owner of certain real propert,
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
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:
1. Receiut and Use of Loan Funds. The Authority hereby
acknowledges receipt of the Loan Funds and certifies their
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.
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
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.
"Net Proceeds" are defined as any funds received by the
A%ithority 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
buvers as affordable housing, the "Payment Date" shall be the
tenth (loth) 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
-2-
E
•
such loan or bond, and the plan for the resale and/or lease of
the improvements have been approved by the City as provides: in. -
the Assignment Agreement.
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,
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 an,,;,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
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
Cite 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
oa/DD1 -4-
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.
B. Option to Purchase. Any of the foregoing provisions to
the contrary, notwithstanding, if the parties determine that the
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 o� any land leases which are in effect at the time the
option is e::ercised and subject to any mortgages or deeds of
trust which have been granted in connection with the financing of
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. Internretation. 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.
' E::ecuted in duplicate originals the day and year above first
written.
CITY OF ASPEN
By:
ASPEN/PITFFIN COUNTY
HOUSING AUTHORITY
By:
O9/PD1 -6-
6 .
EXHIBIT "A"
West Hopkins Parcels:
A. PARCEL �' I
A tract of Land lying and being situated in the`Southeast"1/4 of
Section 12, Township 10 South, Range 85 West of 'the 6th Principal
Meridian, Pitkin County, State of Colorado, consisting of Lots M and I
Block 19, City of Aspen; and a portion of "LOT 16" (as shown on the
Bureau of Land'Management Plat of the Dependent Resurvey and Survey o,
Township 10 South, Range 85 West of the 6th Principal Meridian,
Colorado, approved February 14, 1980, and recorded December 8, 1986 i
Pitkin County Records in Book 524 at Page 552); and a portion of the
Hoinestake patented Mining Claim U.S.M.S. No. 4211; and a portion of t
Mary B. No. 2 Lode Mining Claim, U.S.M.S.'No. 19640; being more fully described as follows: I
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
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 75009'11" 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 14050'49" East along the East line and the Southerly
extension thereof of Lot N, Block 19, City of Aspen, a distance of
100.00 feet; I
Thence North 75"09111" West along the South line of the alley in Block
19, City of Aspen, a distance of 60.00 feet, TO THE POINT OF BEGINNIN
County of Pitkin, State of Colorado.
B. PARCEL B:
A parcel of Land lying and being situated in the Southeast 1/4 of.
Section 12, Township 10 South, Range 85 West of the 6th Principal
Meridian, Pitkin County, State of Colorado, consisting of Lots K and L, '
Blu•:F: 19, City of Aspen; and a portion of 'LOT 15" (as shown on the
Burtlau of Land Management Plat of the Dependent Resurvey and Survey for
Township 10 South, Range 85 West of the 6th Principal Meridian, '
Colorado, approved February 14, 1980, and recorded December 8, 1986 in
Pitkin Count), Records in'Book 524 at Page 552); and a portion of the
I•lomestake Patented Mining Claim U.S.M.S. No. 4211; more fully described'
as follows:
BEGINi4ING at the point of intersection of the East line of South
Sevelith Street extended of the City of Aspen and the South line of t, '
alley in Block 19 extended Westerly from whence the Northwest Corner f
Block 19, City of Aspen, bears North 14050'49" East a distance of
121.01 feet; '
Thence South 14°50'49" West along the Esst line of South Seventh Stree
extended a distance of 170.00 f99t to a point on the North line of Wes
H:pl:i:is �---anuc or t!ir� r: ,
. (� � is ^_ ,: ln n v 'a r1 ^'� n • � -� r, 4 � 1. . .
Thence south 75°09'11" East along the Westerly extension.
line of West Hopkins Avenue extended a disatanc of the North
e of 60.00 feet;
Tlroricv IJortli 14°50'49" East along the East line and the
extension thereof of Lot L, Block 19, City of Aspen, Southerly
100.00 feet; P a distance of
IThence North 75°09'11" West along the South line and
extension thereof OF' the alley in Block 19 City of Aspen,
of 60.00 feet, TO THE POINT OF BEGINNING. 1 y P a distance
County of Pitkin, State of Colorado.
1C. A triangular slice
No. 4211 des P� portion of ttie `1ESTAKE LJDE PATT;NI� DLINING C ADI U.S.M.S.
described as follows:
' BEGINNING AT ME POINT of intersection of line 4 - 1 of the Hcmestake Lod
Westerly extension of the North line of West Hcpkins Avenue of the City of and the
`hence North 9037' West along said line 4 - 1 of the Hcn-e ke Lie
' of intersection with the Southerly extension of the East side y pow,
to the point
Block 19, City of Aspen, as described in that certain deed recordedBooBoo
at Pace 992 cf the CitJ;in County records; thence South 14050' 49" West along 588
said
I Sc�utlierl}' extension of the East line of Lot N, Block 19, City d
Point of intersection with the Westerly e.�ttension of the North line po ►Weto
s the
Hopkins P,verire of the City of Aspen; thence South 750Q0'11" t
West-
erly exte.1sicn of the North line of West llcpkins Avenue to T IESPOINT OF said
ING.
County of Pitkin, State of Colorado
East Hopkins Parcel
PARCEL A:
Lots F, G and 11, 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 1!17711 a non-exclusive easement_
and across the easterly fourteen (14) feet OfgLot en,�aBloay �ke33,
' East Aspen Addition to the Townsite of rspen 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
1 0 0
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 T ABLE
RE Q UIRED
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
44
LQ
l
N
3 �
11 /
5 "i
13t-r 1
! 1
o (yl cI' v�/rvE-1
^� ALLEY BLOCK
3 N :Q s
9�slre.a� c� GPE 7-
PO. P^. is }% "I t l' •�: : -i^ r-r - ---
N C
® UTILITY`` y`
if
(6,000 SF f )
HOMESTAKE
I r✓1 r--f'.r_'vE .M6_p-1
,,jU F o-e G' A C
F�esiSTtG- G4F'
Le L37(s
T-e> I IJ l - -- --- -
\=ISTUR13r_D 1990
loon
NOTICE: ArCMD T' In I n cal. or,len I_na. nl' tIL1" r l;nt•I lr, lr-1- , J l ,
ACTION RASED LIFO,I ONY Dr-17171'7 111 rill , St.ir;r, •tnil[rt Ilmr". .r-i
AFTFr. YOU FTr.Sr 11I7,r'1)'JFr-111'1! OF rr: r. Tr' Iln r•.•rr1II. II,'.• ,'I.
AET Intl RASED UF']td (Vf( T)rrrr' Tt.i It -- ^I'r";F1 rr r Ilpil•'rtlCr!` -r -
THAN TEN YFARS F'-'pM T�l IF DA I r. — T uc r .- . T I- If -.AT Intl ='11111-1 111.1 �r' o i
WEST
HOPKINS AVE. EXTENDED
C0TT0NW000
(TYPICh�•�.-i
e- rry
M�JME�T
SE rslr_ 1q
• PROPERTY
'SURVEY
A parcel of land lying and being situated in Section 12, TownnhiP
10 South, Range 85 West of the 6th P.M., Pitkin County, State of
Colorado, consisting of Lots K and L, Block 19, City of Aspen; and
a portion of "LOT 15" (as shown on the Bureau or Land Management
Plat of the Dependent Resurvey and Survey for Township 10 South,
Range 85 treat of the Sixth Principal Meridian, Colorado, approved
February 14, 1980, end recorded Dncember 8, 1986, in Pitkin County
Records In Book 524 at Page 552)1 and a portion of the IIOMESTAKF,
PATENTED 1•IIIII110 CLAIl1 U.S.H.S, t10. 42111 containing 6,000 sq.ft,
and being more fully descrihed as followot
Beginning at the point of iilternection of the east line of South
Seventh Street extended of the City of Aspen and the south line
of the alloy in Block 19 extonded westerly from whence the Ncrth-
west Corner of d ock 19, City of Aepen, bears N.14050'49"E., n
distance of 121.01 feats
Thence 6,14050149"W. along the enet line of South Seventh Street
extended a distance of 100.00 feet to a point on the north lisle
of blest Hopkins Avenue of the City of Aspen extended westerly;
Thence 5.75009'11"E. along the westerly extension of the north
lino of went Hopkins Avonun er.tanded a distance of 90.00 feet;
Thence 0.14050'49"E. nlong the east line and the southerly ex-
tension theracf of Lot L, Block 19, City of Aspen; a distance of
100.00 feat;
Thence N.i5009111"1.4. along he south line and the westerly exten-
sion thereof of the alley in Dlock 19, City of 7.spen, a distance
of 60.00 feet, TO THE POINT OF £EGINIIING.
*'illp.
CERTIFICATION
S r,7AVIV 1./. t✓ILPJ �ID�1 H���ry{-EcLTIFY THAT Tdlt1 PLAT I----
�jJf�[1- yI,IGtJ G'JC II..I G� F-F_R P_1i APB 1'\ea I ZrApq. 19 9C)
DAB I D 'mil. l - I Z'j
LEGEND- & NOTES
T1Tt�_ IAI�,JR�.•r�-E-_ c.c�..1..tlo MIew-/�r"
01,f-P iN oF- -1141`7 D41"u7
• F�J.-)� PR-Z>PE-r-TY t-11 C>IJJr✓le�-T
Er -� 1zt �4 fL �/ % P Lam/ (� I.2
F1�� 'a 12✓f=YGa Z' Z4�• , Z t oc sr.lo��
4r-4 - F L- t�14 P F
LEGAL- t7E-J' �.)=1 PTI or.� FQSJ�'� FJIv— 1�1, 17iril.4.0'3 PITILIJ Cif. FrEG
N
0 G
w 0 0
5
exhibit ,a
PREPARED DY
Aspen Survey Engineers, Inc.
210 S. GALENA ST.
P. C. BOX 250G
ASPEN, COLORADO OIG12 .
(3C3) 025-3316
27 r7 Ifl 15. ZO
= in
DATE JOB 1140.
Z�1LJPh I�iioSZ
W
J
O
ALLEY BLOCK
�y 97"
97' / vr'al�rrY
�
Box g
o
L-1 5'0 1 ' P6 �/ 6G.o3 N or,r.
1
IT&
W
\\\Sp f
N r I
tv
1 TOE, II� E
(6,000 SF 3 )
HOMESTAKE USMS 4211
NOW—
LOT
16 r
99
I/
MAR' NO. 2
MS 1 c
�z
sc-je—Ioo' ) ----. 5 -7s'o5',zb �, .9 S5 I
T t5" t✓�4 V-1 rJ � 7-'j. ( r7�' �!
PL-A7nf� GAP ~✓4515 of
L-t:' Z --�iL 100'-
14ot�x, GOi..iTreOc_
Po„J i
� fROPERTY
SURVEY
A tract of land ]ying and being situated .in the SEA of Section 12,
Township 10 ieutll, Range 85 west of the 6th P.M., Pitkin County,
State of Colorado, consisting of Lots M and N, nlock 19, City of
Aspen; and a portion of "LOT 16" (as shown on the Bureau of band
Management Plat of the Dependent Resurvey and Survey for Township
10 South, Range 85 West of the Sixth Principal Meridian, Colorado,
approved February 14, 1900, and recorded December 8, 1986, in Pit -
kin County Records in Book 324 at Page 552); and a portion of the
llomestake patented Mining Claim U.S.M.S. No. 4211; and a portion
of the Mary n. No, 2 Lode Mining Claim, U.S.M.S. No. 19640; con-
taining 6,000 sq.ft. and being more fully described as follows:
BEGINNING at the Northwest "orner of Lot M, Block 19; City of Aspen;
Thence S.14050'49"W, along the West line and thn southerly extension
thereof of Lot M, nlOci- 19, City of Aspen, a distance of 100.00 feet
to a point on the westerly-xterrsion of tire Nor`.h line of west 11op-
kins Avenue of the Cit, of %rspen;
Thence s.7-6209'll"C. along `he westerly extension of the 11orth line
Of West Hopkins Avenue of the City of Aspen, a distance of 60.00 feet
'thence N.14050'49"E. along the East line and th^ southerly extension
thereof of Lot 11, "lock 19, City of Aspen, a distance of ]00.00 feet;
Thence N.75o09'11"hl. alonq the South line of th,. alley in Block. 19,
City of Aspen, a distance of 60.00 feet, TO T11E POINT OF 11EGINNIt1G.
t,JiCs,J 1=p)
17AV1 <7 K/. '`C auI t7[= L- 5 1 V IZ�
LEGEND a NOTES
T ITL_� 1 a1'l- rJ 2s1r i.1 � co..1 N1 I T�1 tl,J r J o..t-c+✓ro 19 - G-A 3 F R.oN! c�.( rc=Q �tO -n-rc�
:�E 4c. K n 1A1 P1inlG� GO w'G� 'ED rrJ >�ES'4CAiron! of r.+r� t/Fiy Lx1rr:D. Z: ell
P`-_�`- ��1F� GrTY • FoJ...io Pa.�PE-r.TY Mo+.1J►�lE�..l1"
• O
Z�)'�' MawJJMFJ.tf
NOTICE: ACCORDING TO) COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THI'; SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DE-ECT. IN NO EVENT. MAY ANY
ACTION RASED UPON ANY DEFECT IN TH-S SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF THE C'-RTIFICATION SHOWN HFREON.
0
W ES T HO PKI NS AVE. EXTENDED
F 1 �Lv ��>Z✓E Y d -a 7- 1 Z 4/ ., Z' t o e s..1oAl
r-ea1-j 1 oPFI L4L_ r.,,4P C'f-
�—�+�11— �E �-[�-I DTI otii Fez.-�•�. R�1c.. 57;� , QC� .4vL PIT�r..� fa. ZEa�.
N exhibit C
0 E PREPARED 3Y
O Aspen Survey Engineers, Inc.
c.:LENA ST.
P.O. 30X 2506
5 ASPEN, COLORADO 13IC12
(303) 925-381G
DATE JOB N0.
•
•
exhibit D
•
CITY
OF ASPEN
PRE -APPLICATION
CONFERENCE SUMMARY
PROJECT: 1/ / . tV I� ('.il
�l•:.' - , ' , ,.,.: /'6,-:
APPLICANT'S REPRESENTATIVE:
�) 1
��/Ve�IZ�►+�-
REPRESENTATIVE'S PHONZ:
C_ �, n n
0
OWNER'S NAME •
#
1
10o
Get
UMMARYif
,
410 1.
Type of Application:
.
2.
Describe action/type
of development
being requested:
ku
3. Areas is which Applicant has been requested to respond,
D� types of reports requested:
. �) Pol icy Area/
Referral Agent Comments
1AA
14
4. Aeview is: (P&Z Only) (CC Only) `(P Z then to CC)
5. Public Hearing: �(YES) (NO)
6. Number of copies of the application to be submitted:
7. What fee was applicant requested to submit:wCe(-
8. Anticipated date of submission:
-
14
exhibit' D