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HomeMy WebLinkAboutcoa.lu.rz.855 W Hallam.Castle Creek Condos.A097-98 ,_� f ;w. .,r. ..., �„.�.E„,.. r,.fir, ,N : a < � . , A097-9 8 ° . � 2735-123-00820 � ° � _ _� _ Castle Creek Condos Rezoning and Condominwm¢atk n � _,,.... C _,____„_,�,_ ..� _..w I ''',Iiin pm',I 7,-;;;;:i5z7 ,,,•00 ---- 4,40','-7:-.q'N' .A:'-'4*00alimplaks,,,n-,-.7.. , -;'-. — „„::.".;;;; ; „ :.';1*.1E,A,...... -44ti:: '-'-*""--- '''''"'''''' '7, ,. Rezoning, Condominiumization ° . City of Aspen/Housi ►a 530 E. Main x E' Aspen, CO 8161 1 920 5050 x Thomas Smith/Austin, Peirc 600 E. Hopkins, Ste. Aspen, CO 81611 925-2600 waived? ' a ..v .•r.:. 7).:1.,:iiivi!!!!,!:.;!iliik,,,,, ''',!::!:,'::';'"4:iii-;-.;!,1:11,iii,iiTi!liii,';'?i,S,. ..(311::::, ,,„_„,„_„„ __.7.1------1 yA 11/0/11W11111.11.1111.WI,'%LZ142:,■::''''''",.!i.:■:1 , s -k , ., • o YeOjt °o R-5 - Li-e— 9\,' 3 v ec.a1 YY1cs,� - ) 1 - 1 LD O / _ LNl i � ��� ,��� 4 2 } e.--r, _ "v c D l AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law 600 E.Hopkins Avenue Suite 205 Aspen, Colorado 81611 Ronald D.Austin Telephone RECENT() Frederick F.Peirce (970) 925-2600 Thomas Fenton Smith* Facsimile 'i 1 199 (970)925-4720 John M.Lassalette** ° :V: L JPMENT *Also Admitted in Delaware **Also Admitted in Washington May 5, 1998 Mr. Mitch Haas City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 RE: Castle Creek Condominiums - Application for Subdivision Exemption for Condominiumization Dear Mitch: This application is submitted on behalf of the City of Aspen and the Aspen/Pitkin County Housing Authority, for condominiumization of the property to be known as Castle Creek Condominiums,previously known as the"Red House." The property is the subject of an upcoming annexation to the City of Aspen. This application is submitted now in order to expedite approval upon completion of the annexation. In connection with this application enclosed please find and note the following: 1. Because APCHA is funded by the City of Aspen and Pitkin County,and because this is a 100% affordable housing proposal, we are requesting a waiver of fees. 2. Signed Fee Agreement. 3. Proof of Ownership, i.e., the Warranty Deed to the City of Aspen dated October 8, 1997, recorded October 13, 1997 at Reception No. 409408. 4. The Applicants are the City of Aspen and the Aspen/Pitkin County Housing Authority. This firm is authorized to process the application on behalf of the Housing Authority, as indicated by the letter from Dave Tolen attached hereto. The legal description of the property is included in the deed. The street address of the property is 855 W. Hallam Street, Aspen, Colorado 81611. BAB\C:\OFFICE\APCHA\Castle Creek Condominiums\Application for Subdivision Exemption 4-28-98.wpd AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law Mitch Haas May 5, 1998 Page 2 5. The purpose of this application is to convert the six rental units which comprise the Red House into six deed restricted condominiums,subject to APCHA affordable housing guidelines. 6. Enclosed herewith are two blueprints which constitute the proposed plat, entitled Castle Creek Condominiums, prepared by Aspen Survey Engineers. 7. Finally, enclosed is a copy of Pre-Application Conference Summary dated April 9, 1998. We appreciate your review of this application. Please contact me if you require any additional information. Very truly yours, AUSTIN, PEIRCE & SMITH, P.C. By Thomas Fenton Smith TFS/bab Encls. cc: Aspen/Pitkin County Housing Authority John Worcester, Esq. BAB\C:AOFFICE\APCHA\Castle Creek Condominiums\Application for Subdivision Exemption 4-28-98.wpd Aspen/Pitkin County Housing Authority 530 E. Main Street Aspen, Colorado 81611 May 4, 1998 Mr. Mitch Haas City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 RE: Castle Creek Condominiums - Application for Subdivision Exemption for Condominiumization Dear Mitch: Please be informed that the firm of Austin, Peirce & Smith, P.C., is authorized to act on behalf of the Aspen/Pitkin County Housing Authority in connection with the above-referenced application. Sincerel / row- ■ P avid Tolen Director /bab cc: Thomas Fenton Smith, Esq. John Worcester, Esq. • ASPEN/PTTKIN COQ DEVELOPMENT DEPARTMENT •- - Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and Aspen/Pitkin County Housing Authority (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has stetted to CITY an application for condomi ni umi z a t i on, Castle r-- . • •••" * • ' (hereinafter,THE PROJECT). 2. APPLICANT undue and agrees that City of Aspen.Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY Lee that because of the size. nature or scope of the proposed fail extent of the costs involved in processing project, it is not possible at this dine to ascertain the : the application. APPLICANT and CITY further agree that it is in the interest of the carries to allow APPLICANT to make payment of an initial deposit and to thereafter permit 3ndltionni COSTS to be billed to APPLICANT on a monthly basis. APPLICANT agrees He will be benefited by :e=,aining will make ,irritionai payments upon notification by the CITY when they �er�er cash liquidity and will .. ,� � vow are necessary as costs are incurred. CITY .Lees it will be benefited through the te. certainty of recovering its full costs to process APPLICANTS application. 4. CITY and APPLICANT further agree that it is impracticabie for CITY sTrirf-to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore. APPLICANT agrees that in consideration of the CIT`l's waiver of its right to collect full fees prior to a determination of application completeness.APPLICANT shall pay an initial deposit in the amount of S 355 .0( which is for hours of Planning staff time, and if - actual recorded costs exceed the initial deposit APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, incl iding post approval review. Such pm-iodic payments shall be mare within 30 days of the biding date. APPLICANT further agees that failure to pay such accrued costs shall be grounds for suspension of processing. • CITY OF ASPEN APPLICANT Signature: Stan gasp Dat- Community Development Director Printed Name: Dave Tolen, APCHA City of Aspen Mailing Address: E. Main Street Aspen, rn 81611 • • ATTACHMENTY. City of Aspen Development Application Fee Policy The City of Aspen,pursuant to Ordinance 43 (Series of 1996),has established a fee stnrcmre for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, mnrif payable to the AspeniPirkin Community Development Department Applications will not be accepted for processing without the .required application fee. . A flat fee is collected by trimming for Staff Approvals which normally take a minimal and predictable amount of srarxtime to process. The fee is not refundable. A deposit is collected by Planning when more extensive staff review is required. as :ours are iikeiv to vary substantially from one application to another. Actual srmr time spent will be charged against the deposit. After the deposit Has been expended. the applicant will be billed monthly based on actual staff hours. Current billings must be paid within ;0 days or processing. of the application will be susbended. If an applicant Has previously failed to pay application fees as required. no new . . or additional applications will be accepted for processing until the outstanding fees are paid. In no • case will Building Permits be issued until ad costs associated with case processing Have been paid. After the final action on the project. any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for P'vrnent of Development • Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for land use applications is available at the Community Development Department • Recorded at o Mo'cick . Recorder Reception RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: The City of Aspen 130 South Galena Street Aspen, Colorado 81611 c R_ tY W ABRAN TY DEED THIS DEED is made this t _day of October, 1997. between 855 WEST HALLAM Corporation(hereinafter"Grantor"),and THE CITY OF ASPEN,hose COLORADO. a Colorado a Colorado Municipal C �' (hereinafter"Grantee"), legal a Colorado 1vluniciPal Corporation and Horne Rule C'iry(here is 130 South Galena Street, Aspen, Colorado 81611. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt sufficiency does great,bargain, acknowledged,has granted,bargained. sold, and conveyed, by these sell. convey and confirm, unto the Grantee. its successors and assigns forever, all the real property together . de improvements, if any, situate, lying and being in the County of Pitlda, State this Colorado, described as follows: See Exhibit A attached hereto and incorporated herein by reference. TOGETHER. with all and singular the hereditaments and appurtenances thereto belonging or in anywise appertain and the reversion and reversions, remainder and remainders. rents, issue and profits thereof and all the estate, right. title, interest, claim and demand whatsoever of the Grantor. either in law or equity, of, in and to the above bargained premise,, with the hereditannents r- and appurtenances. �'+ TO fAVE AND TO BOLD the said premises above bargained and described, with the 6 appurtenances. unto the Grantee, its successors and -assigns forever. And the Grantor for its does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns. successors and assigns,that at the time of the=sealing and delivery of these presents.it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and has good tight,full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid. and that the same is free and clear from t all former and other grants, bargains,sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except the following excepts i •%�,� �i 1. General taxes for 1997, due and payable in 1998. 2. The effect of inclusion in the Aspen Fire Protection District, Aspen Water and �� o River Conservation District. and the Open Space District. QaT ,�� Sanitation District, Colorado ,� J, 3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom � should the same be found 1892 penetrate Hock intersect Paget Seand recorded June reserved�949 is Book 1P S at JJ recorded December Page 245. 4. Terms, conditions, provision, obligations recorded February and easements as contained Bm to at recorded October 30, 1u2 7,Book 3 in Book 722 at Pagee 408, and recorded January 31, 1997 as Page 71. recorded Reception No. 401417. 5. Subject to all building and zoning regulations. All documents are recorded in the records of Pitkin County, Colorado. IIIIIL II 1111111111111111 III Illl 1111111111111111111111 . ,� DAVIS s�L�I 409409 10/13/1097 03.E I s1 3 R 16.00 0 157.90 N 0.00 PITKINCO COLORADO The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its suceof and assigns,The singular against tmber and every person or persons lawfully claiming the whole or any p� shalt include the plural, the plural the singular and the use of any gender shall be applicable to all genders. ZN WITNESS WHEREOF, the Grantor has executed this General Warranty Deed on the date set forth above. 855 WEST HALLAM,INC., A COLORADO CORPORATION ay: Bruce H. Etkin,President STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) Q , Thu foregoing General Warranty Deed was aclaiowtedged and sworn to before rte this 4 day of October, 1997 by Bruce H. Etkin as President of 855 West Hallam. Inc., a. Colorado Corporation. WITNESS my hand and offiseal. y My commission expires: i • 4P;•••• `, � ti pTA4 • .A :1ft 44143.1:Pil-; ‘■ OF 1111111111111111111 X1111111 111 1111111111111111111111111 , D1ISSILYI 06 10/13/1897 03•� IS SINCO COLORADO X094 2of3R16.000 157.50N9 ... r ..i .... ..... +.. -J EX)118IT A ALSO BEGINNING AT CORNER NO. 2 OF SAID NORTH TEXASHMILLLLEITE. SAID.C6 NERAALSO LINE 6-7 OP THE CITY AND TOWNSITE OF ASPEN, TOWNSITE, A RED SANDSTONE IN PLACE, BEARS N 07 DEGREES 38' E 1134 .60 FEET; THENCE ALONG SAID LINE' S-7 N 07 DEGREES 38' 00" E 36 . 94 FEET TO THE TRITE POINT OF BEGINNING; THENCE S 75 DEGREES 40' E 8 .00 FEET; • THENCE S 07 DEGREES . 38' W 40.00 FEET; THENCE N 75 DEGREES 40' W 23 .00 FEET; THENCE 5 14 DEGREES 20' W 17.00 FEET; THENCE N 75 DEGREES 40' W 36. 00 FEET; THENCE N 14 DEGREES 20' E 15 .00 FEET; THENCE N 75 DEGREES 40' w 15 .50 FEET; THENCE N 14 DEGREES 20' E. 4 .00 FEET; THENCE N 75 DEGREES 40' W 10 .00 FEET; THENCE N 14 DEGREES 20' E 2 .63 FEET TO THE NORTHERLY LINE OF SAID NORTH TEXAS MILLSITE: THENCE ALONG THE NORTHERLY LINE OF SAID MILLSITE N 74 DEGREES 30' W 47 .00 FEET; THENCE N 07 DEGREES 36• E 54 . 12 FEET TO THE SOUTHERLY LINE OF COLD H:GHWAY NO. 82; THENCE S 75 DEGREES 09' 11" E 125.00 FEET ALONG THE SOUTHERLY LINE OF SAID HIGHWAY TO LINE 6-7 OF CITY AND TOwNSITE OF ASPEN: THENCE S 07 DEGREES 38' W 18 .62 FEET ALONG SAID LINE 6-7 TO THE TRUE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO • PARCEL 2 : 2 .TRACT 0 OF LAND ANDNINC COMPRISED AT PAGEE803RAND PORTION LAND OFDESCRIBED VILLANOFBOOK ASPEN AT PAGE ASPEN TOWNHOUSES AS SHOWN ON PLAT BOOK 4 AT PAGE 296, PITKIN COUNTY RECORDS, BEING PARTS OF BLOCK 5 ASPEN TOWNSITE, NORTH TEXAS MILLSITE, M5 3758. AND LOT 3, SECTION 12 . TOWNSHIP 10 SOUTH, RANGE 65 WEST OF THE SIXTH 7RINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON ASPEN TOWNSITE LINE 6-7 BEING THE NORTHWEST CORNER OF BLOCK 5 ASPEN TOWNSITE; THENCE 5 75 DEGREES 09'11" E 35 . 99 FEET ALONG THE NORTH LINE OF BLOCK 5; THENCE S 15 DEGREES 43 '36" H 66 .30 FEET; THENCE S 89 DEGREES 30' 00" H 46 .00 FEET; THENCE S 66 DEGREES 00' 00' W 45 . 50 FEET; THENCE N 32 DEGREES 00'00' W 53 -00 FEET; THENCE N 01 DEGREES 40' 00" E 24.50 FEET TO THE NORTH LINE OF .THE NORTH TEXAS MILLSITE; THENCE N 74 DEGREES 30' 00" N 30.00 FEET ALONG THE NORTH LINE OF THE NORTH TEXAS MILLSITE; THENCE N 07 DEGREES 36'00" E 54 . 12 FEET TO THE SOUTHERLY R.O.W. OF COLORADO STATE HIGXwAY NO. 82; THENCE S 75 DEGREES 0911' E 125.00 FEET ALONG THE SOUTHERLY R.O.W. OF COLORADO STATE HIGHWAY NO. 82 TO ASPEN TOWNSI1'E LINE 6-7; THENCE S 07 DEGREES 38' 00" W 7 .19 FEET ALONG ASPEN TOWNSITE LINE 6-7 TO THE pC)INT OF BEGINNING. COUNTY OF PITKIN. STATE OF COLORADO • III1III VIII t1IIII Ill Itlill �VIS SILVI 18/13/1 �•0� � ORADO 34003 R 18.00 D 157.'30 N 6.00 PITKI7ICO Cam. o'clock .M• Recorded at Recorder Reception RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: The City of Aspen 130 South Galena Street Aspen, Colorado 81611 Q TT CLAIM DEED_ THIS DEED is made this of October, 1997, between 855 WEST HALLA1, �_ day INC., a Colorado Corporation(hereinafter"Grantor"), and THE CITY OF ASPEN, COLLOI address a Colorado Municipal Corporation and Home Rule City(hereinafter"Grantee"), whoe is 130 South Galena Street, Aspen, Colorado 81611. WITNESSETH, that the Grantor, for and in consideration of the sum hi Ten is hereby ($10.00) and other good and valuable consideration, the receipt and sufficiency t claim unto the acknowledged, has sold and quit claimed and by these presents tddoes ill an quit stenanun t lying Grantee, its successors and assigns forever, all the real property g pP and being in the County of Pitkin, State of Colorado, described as follows: The exclusive right to use Parking Spaces R1 through R8, and a nonexclusive right of vehicular ingress and egress to such parking spaces, as defined and described and subject to the terms,conditions,provisions, obligations and restrictions governing the use and maintenance of such parking spaces, and such ingress and egress in Amended Parking Lot and Maintenance Agreement recorded August 27, 1993 in Book 722 at Page 408 under Reception No. 360476. TO HAVE AND TO SOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF,the Grantor has executed this Quit Claim Deed on the date set forth above. 855 WE - AM INC-, A • 0• - )0 r) "014. TION By: ; Br oke A. • - so CA Its ttorney-in-Fact STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged and sworn to before me this _C�' day of October, 1997 by Brooke A. Peterson as Attorney-in-Fact for 855 West Hallam, Inc., a Colorado rnr-rtnratinfl CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Mitch Haas,920.5095 DATE: 4.9.98 PROJECT: REPRESENTATIVE: OM 5/1l'7 -t IBS OWNER: N/,°I Tcc.) i74 4c(t7Y TYPE OF APPLICATION: Subdivision exemption for Condominiumization DESCRIPTION: Land Use Code Section(s) 26.88.070 Condominiumization 26.52 Development Review Procedures 26.52.030 Application and Fees Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for final approval. Public Hearing: No. Referral Agencies: (Engineering, Planning Fees: Planning Flat Fee $245 Referral Agency Fees: Engineering $110 Total IIe,asif: $355 To apply, submit the following information: 1. Total deposit for review of the application 2. Signed fee agreement ,, 3. Proof of ownership -2.-> �- i�!-t l t-� 4. Applicant's name, address and telephone number in a le er signed by the applicant, which also states the name, address and telephone number of the representative. Include street address and legal description of the property. 5. Summary letter explaining the request(existing conditions and proposed uses)and addressing the standards of the Land Use'Code sections listed above. 6. An 8 1/2"by 11"vicinity map locating the parcel within the City of Aspen. 7. Old(existing)plat if one exists. (from City Engineering or County Recorder) 8. Proposed plat from a registered land surveyor. Call City Engineer for plat requirements. 920.5080 9. Copies of prior approvals(from City Clerk) 10. _2 Copies of the complete application packet(items 3-9) d( Process: Apply. Planner reviews case for completeness and sends to Engineering and referral agencies. 1-2 weeks later planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency with the review criteria and technical considerations. Plat is then be signed by City Engineer. Applicant then can record the final plat at the County Clerk and Recorder(fee). Lee Novak, 03 :48 PM _/l8/98, castle creek info Date : Wed, 18 Nov 1998 15 :48 : 53 -0700 (MST) X-Sender: Teen @commons To: saraho @ci .aspen. co.us From: Lee Novak <leen @ci . aspen. co.us> Subject : castle creek info Sarah, Here ' s the info you requested on the Castle Creek Condos . There are 6 units in the building and they break down as follows : Unit 937 -> 1 bedroom w/ a storage loft; 1 bath -> 452 sf Unit 939 -> 3 bedroom; 2 3/4 bath -> 1506 sf ✓ Unit 941 -> 1 bedroom w/ a storage loft; 1 bath -> 634 sf Unit 943 -> 1 bedroom; 1 1/2 bath -> 848 sf Mr Unit 945 -> 2 bedroom; 1 3/4 bath -> 986 sf Unit 947 -> 1 bedroom; 1 bath -> 400 sf Some of these units have their own decks . The deck space is not included in the square footage . In addition there is the following common space : mechanical room -> 32 sf utility room -> 106 sf storage closets -> 36 All the square footage is approximate . Hope that helps . If you need anymore info, please let me know. Lee N x5137 Printed for Sarah Oates <saraho@ci.aspen.co.us> 1 PUBLIC NOTICE RE: CASTLE CREEK CONDOMINIUMS, "THE RED HOUSE," REZONING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 8, 1998 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Library Meeting Room, Pitkin County Library, 120 North Mill, Aspen, to consider an application submitted by the Aspen/Pitkin County Housing Authority requesting rezoning of the property to Residential Multi-Family (RMF). The property is located at 855 West Hallam Street, is commonly know as the Red House and is described as a parcel of land in the SW quarter of Section 12, 75105, Range 85 W of the 6th PM. For further information, contact Sarah Oates at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5441, saraho @ci.aspen.co.us. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 21, 1998 City of Aspen Account Lee Novak, 08 :22 is 11/20/98, Re: Castle_Cree,. Condos Date : Fri, 20 Nov 1998 08 : 22 : 38 -0700 (MST) X-Sender: leen @commons To: Sarah Oates <saraho @ci .aspen. co.us> From: Lee Novak <leen @ci .aspen. co.us> Subject : Re : Castle Creek Condos Sarah, Thanks for your response . If you get a chance today at your meeting with the City Atty, could you ask him for a timeline for the annexation and inform him of the timeline you've set for rezoning. I 've tried to get this info from Worcester, but got shuffled to ComDev. It ' s kind of frustrating. I should have condo docs by Dec . 1 . I ' ll also forward you a condo plat around the same time . I understand that waiting 30 days is the prudent thing, but I 'm not sure it ' s necessary. We 've been in contact with our most immediate neighbor, the Villas, and we 've given them a chance to review our condo plat and docs, as well as our annexation info. They are really the only ones I expect to argue this, so I 'm not sure waiting 30 days is necessary unless it ' s required. Again, thanks for your help on this . LeeN At 05 : 00 PM 11/19/98 -0700, you wrote : >Lee, >I have a few answers for you regarding this process . >1 . Annexation: It ' s really difficult to coordinate everything >because the city attorney handles all annexations and we aren' t aware of >them until they show up on Council ' s agenda. You should probably deal with >Worcester' s office on issues related to the annexation (i . e. the engineering >dept . ' s conditions) . I 'm not sure of the time period, process, etc . >2 . Rezoning: We are all set for rezoning which can occur at the >same time as annexation. We are on track with this and I have given you the >dates we are scheduled to appear before P&Z and council . >3 . Condo : Apparently there is an appeal period following annexation >and rezoning. I need to check with John W. and see what that time period is > (30 days??) . The most prudent thing to do is to wait until that period is >over until we condo. BUT, condo-ing is an administrative level process so >we don' t have to deal with council, etc . If we have all of the stuff >organized and ready to go it should be a really easy process . So, basically >what I will need are the condo docs . I have a plat for my file, but I need >one for engineering to review. Printed for Sarah Oates <saraho@ci.aspen.co.us> 1 Lee Novak, 08 :22 k 11/20/98, Re: Castle Creek Condos > >I hope this answered some of your questions . We have a meeting w/ the >atty' s tomorrow and I will find out about the appeal time, frame and whether >or not it is necessary to wait until after the appeal period. >Thanks, >Sarah Printed for Sarah Oates <saraho @ci.aspen.co.us> 2 Lee Novak, 02 : 08 Cast a Creek Col_ -.)s - Date : Wed, 18 Nov 1998 14 : 08 : 05 -0700 (MST) 6 - ° r X-Sender: Teen @commons �- To : saraho @ci . aspen. co.us 970 J , From: Lee Novak <leen@ci .aspen. co.us> Subject : Castle Creek Condos C - 3 Sarah, \ r�� 0 I just thought I would outline the questions I have about the Castle Creek Condos . As I understand it, we need to do three things before closing on Creek , the C� 1 sale of these units to new tenants : annex, rezone, & condo. --„,,,,e ,, 1 . Annexation - I am not sure of the process for obtaining councils' approval, i .e. whether there are 3 or 4 times it appears in front of council and what each of those are . I think the schedule is as follows : Nov. 23 we go before council to show that the parcel can be annexed (that it ' s 1/6th contiguous and all that) and on Dec . 7 we have 1st reading of the annexation ordinance on Dec . 7 . I assume 2nd reading won' t occur until January because of the holiday. _ \ Mitch mentioned that engineering wanted to add some conditions to the annexation agreement . It would sure be nice if we knew what those conditions were . It would even be nicer to know if anyone else wants to attach something. Is there a DRC that goes along with this? V 2 . Rezone - It seems we have a hearing on this rezone on 12/8 with count: . In Julie Ann' s email, she says that we need to file an application for this . We haven' t done this and I was never told this would be required at earlier inquiries . Also, Mitch says that we need to go before P&Z for a recommendation on this before we go to council . If we are scheduled for council on 12/8, how can we go before P&Z before then (especially if an application needs to be submitted) ? _D)\ I have been told that we can rezone at the same time as annexation. Is this situation any different? 3 . Condo - I assume that we can' t do this until after annexation & rezone (at least that ' s what Mitch says) . It ' s my understanding that this requires us to submit a condo plat & condo doc ' s and that we have a two-step approval from council . Is there a way to get this on the first agenda following annex/rezone? I assume the only reason we couldn' t would be required time for staff review. Is there a way to have staff review on the condo occur before annex/rezone approval? Also, what documents do you have that relate to the condo-ing? Do you have a plat yet. Finally, is there a formal application required for condo-ing or any other documents that you require? I 'm working on getting the information on bedrooms and square footage that you asked for. I should be able to email you this afternoon. Printed for Sarah Oates <saraho@ci.aspen.co.us> 1 Lee Novak, 02 : 08 P. 11/18/98, Castle Creek Col. Js Thanks for you help on this . I agree with Mitch' s comment that haste makes waste, but we ' re getting some pressure to sell this thing so that we ' re not carrying its costs . Thanks Lee N 5137 printed for Sarah Oates <saraho@ci.aspen.co.us> 2 a • Julie Ann Woods, i_ :37 AM 11/18/98, Re: Castle Creek Condos Date : Wed, 18 Nov 1998 10 : 37 : 19 -0700 (MST) X-Sender: juliew @comdev To: Mitch Haas <mitchh @ci .aspen. co.us> From: Julie Ann Woods <juliew @ci . aspen.co.us> Subject : Re : Castle Creek Condos Cc : Leen @ci .aspen. co.us, Johnw@ci .aspen.co.us, Saraho @ci .aspen.co.us, Chrisb @ci .aspen.co.us, davet @ci .aspen.co.us Thanks Mitch. Well, everyone, there you have it . Mitch is obviously anxious to get the condo plat mylar out of his hands (just kidding) . John, if you agreee, then Lee you need to get a rezoning application in to us ASAP so we can get it scheduled before P&Z . it will be tough to get it to them before the end of the year, but we could probably still meet a publishing deadline for their meeting on Dec . 15th. There are no other meetings schedule for council in December, unless they want to call a special meeting. Otherwise, you should plan on hearings before council in janauary. I refer you to section 26 . 88 . 070 regarding submittal requirements for a subdivision exemption, to make sure your mylar meets the standards . Mitch, I read the condos as strictly an exemption, without having to go to council, though I believe John Bennett signs off as mayor. Lee, also note that we will want to have Johnw review the condo docs, if he hasn' t already. / My fingers are tired from typing. Let ' s not meet at 11 on Friday, as I think the planners intend to have a "meeting on the mountain" at that time . Call or e-mail with questions . JA. At 10 : 36 AM 11/18/98 -0700, you wrote : >Julie Ann, >All annexations are Rezonings (not zonings) as the property is be REzoned >from its county zoning to a new City zoning. My feeling is that the code >indeed requires a P&Z recommendation in these cases . As for proceeding with >the condo plat, that should be fine, but it cannot be completed (signed and >approved) until after the annexation is completed and the appeal periods >have elapsed. Also, the content of the Annexation Agreement might have some >bearing on to final condo plat (i .e . , via conditions -- I know the >Engineering Department wanted to put some conditions into the Annexation >Agreement) . Also, at least in theory, condominiumization is a land use >process, and no land use processes should be done on an unzoned property >after all, how are we to know or understand the potential issues without >knowing the zoning? Remember: haste makes waste . >-Mitch >At 08 : 07 PM 11/17/98 -0700 , you wrote : »Lee-- »Yes, you should be able to proceed with a condominiumization, but I do think »that the zoning needs to be in place . I would feel a lot better about Printed for Sarah Oates <saraho @ci.aspen.co.us> 1 Julie Ann Woods, 1_ .37 AM 11/18/98, Re: Castle Creek Condos this »project if we could sit down with the case planner, attorney and you to map »out the process . John, does the zooning have to go through P&Z when it ' s »associated with an annextion? We did that with snyder, but I think that was »a re-zoning rather than a zoning. Anyways, feel free to synchronize us . We »have a standing attorney meeting at 11 am Fridays--perhaps that may work as »a time to meet, following our Burlingame discussion? JA. »At 12 :25 PM 11/16/98 -0700, you wrote : >>>Julie Ann, >» >>>I know you are very busy, but if you have a chance to respond to these >>>questions on the Castle Creek condos annexation, rezone and condominizing, I »>would really appreciate it . »> »>Thanks, »>Leen >» >» »»Date : Wed, 11 Nov 1998 11 : 29 : 05 -0700 (MST) >>»X-Sender: johnw @commons >>»To: Lee Novak <leen @ci .aspen.co.us> »»From: John Worcester <johnw @ci .aspen.co.us> »»Subject : Re : Castle Creek Condos >>»Cc : juliew @ci . aspen. co.us >>» >>»I 'm referring your questions to Julie Ann in the Com. Dev. Dept . to answer. >>» »»JohnW >>» >>» >>» >>»At 09 : 58 AM 11/11/98 -0700 , you wrote : »»>John, »»> »»>Castle Creek Condominiums is currently going through the annexation process . »»>It will be before council on Nov. 23 to show that it can be annexed (1/6 »»>contiguous and all that) . On Dec . 7, we wil go for first reading of the »»>annexation ordinance with second reading probably not until January. »»> >>»>Before we can sell these units we also need to condominiumize them. Can the >>»>condominiumization take place at the same time as the annexation? Can we »»>condo without a rezone? Or should that also occur at the same time as »»>annexation? »»> Printed for Sarah Oates <saraho @ci.aspen.co.us> _ 2 k Julie Ann Woods, 1_ .37 AM 11/18/-38, Re: Castle Creek Condos j >>»>We would like to have occupancy by mid-January, so if we could combine these >>»>processes that would be great . Please let me know how this can best be done . »»> »»>Thanks, »»>leen >>>»5137 »»> »»> »»> >>». >>» >>» >» >» >» (Printed for Sarah Oates <saraho @ci.aspen.co.us> 3 l Julie Ann Woods, 1. . 07 PM 11/17/98, Re: Case Creek Condos Date : Tue, 17 Nov 1998 20 : 07 :25 -0700 (MST) X-Sender: juliew @comdev To : Lee Novak <leen @ci . aspen. co.us> From: Julie Ann Woods <juliew @ci .aspen.co.us> Subject : Re : Castle Creek Condos Cc : Chrisb @ci . aspen. co.us, Mitchh @ci . aspen.co.us, Saraho @ci . aspen. co.us, Johnw @ci .aspen.co.us Lee-- Yes, you should be able to proceed with a condominiumization, but I do think that the zoning needs to be in place . I would feel a lot better about this project if we could sit down with the case planner, attorney and you to map out the process . John, does the zooning have to go through P&Z when it ' s associated with an annextion? We did that with snyder, but I think that was a re-zoning rather than a zoning. Anyways, feel free to synchronize us . We have a standing attorney meeting at 11 am Fridays--perhaps that may work as a time to meet, following our Burlingame discussion? JA. At 12 :25 PM 11/16/98 -0700, you wrote : >Julie Ann, >I know you are very busy, but if you have a chance to respond to these >questions on the Castle Creek condos annexation, rezone and condominizing, I >would really appreciate it . >Thanks, >Leen »Date : Wed, 11 Nov 1998 11 : 29 : 05 -0700 (MST) »X-Sender: johnw @commons »To: Lee Novak <leen @ci .aspen. co.us> »From: John Worcester <johnw @ci .aspen.co.us> »Subject : Re : Castle Creek Condos »Cc : juliew @ci . aspen.co.us »I 'm referring your questions to Julie Ann in the Com. Dev. Dept . to answer. »JohnW »At 09 : 58 AM 11/11/98 -0700, you wrote : »>John, »> »>Castle Creek Condominiums is currently going through the annexation process . »>It will be before council on Nov. 23 to show that it can be annexed (1/6 »>contiguous and all that) . On Dec . 7, we wil go for first reading of the »>annexation ordinance with second reading probably not until January. >>> »>Before we can sell these units we also need to condominiumize them. Can Printed for Sarah Oates <saraho@ci.aspen.co.us> 1 Julie Ann Woods, 6. : 07 PM 11/17/98, Re: Castle Creek Condos the >>>condominiumization take place at the same time as the annexation? Can we >>>condo without a rezone? Or should that also occur at the same time as >>>annexation? >>> >>>We would like to have occupancy by mid-January, so if we could combine these >>>processes that would be great . 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'-1 c Cm C m c 5H A 7 � o n �Z� ZC 3-^ c^wc <� aNU n3 71100 C-02.'401^0= =E '> 7�wmn m3-m mw5 7 e co m =w> .. 0.z 2=271 u.H :?: omga,n° CmC-ri 71 = ., 11 ,.<e3° mo-=. ,<� mmy?m1o? 2.-m -t i,e>•E g 3-w"n rn>n 7, E 3 e a ° O"--'. =a z -0171 e m -'1 n-r7e rt =.m_.',._ :a 7.z 7 0°- 3 3 d :: ro'm z 7 �O �c £ n z3.`=e-1-zt. ng_ .eo' 'o >ao N.<.<e 350'0,,,; ,- ' w .c . > m a, S.y.7 7d eSD m ax'- nmx3 ^e ^mn rtan 3310.0. =. c.,._. cm c_1m n:,„=n £.m,r".v n -^ieE-. ryo"dII^'e r'c D ' nom a z ° M=""'ZDZ'm^ -: <c m 5^Z m : John Worcester, 03 . 7 PM 11/23/98, Re: annexation appeal ° Date : Mon, 23 Nov 1998 15 :27 :49 -0700 (MST) X-Sender: johnw @commons To: Sarah Oates <saraho @ci .aspen.co.us> From: John Worcester <johnw @ci .aspen. co.us> Subject : Re : annexation appeal There really is no appeal time . The annexation ordinance is technically open to a public referendum. In other words if a petition for a referendum is filed within thirty days, then the ordinance is put to a public vote . I can;t imagine that would happen for the Castle Creek Condos . johnW At 03 : 23 PM 11/23/98 -0700, you wrote : >I 'm trying to figure out a time frame on getting the Castle Creek Condos on >the market . How long is the appeal period after an annexation? > Printed for Sarah Oates <saraho @ci.aspen.co.us> 1 PUBLIC NOTICE RE: CASTLE CREEK CONDOMINIUMS, "THE RED HOUSE," REZONING NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 25, 1999 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 South Galena, Aspen, to consider an application submitted by the Aspen/Pitkin County Housing Authority requesting rezoning of the property to Residential Multi-Family (RMF). The property is located at 855 West Hallam Street, is commonly know as the Red House and is described as a parcel of land in the SW quarter of Section 12, 75105, Range 85 W of the 6th PM. For further information, contact Sarah Oates at the Aspen/Pitkin Community Development Department, 130 S. Galena St.. Aspen, CO (970) 920-5441, saraho @ci.aspen.co.us. s/John Bennett,Mayor Aspen City Council Published in the Aspen Times on January 9, 1999 City of Aspen Account LOUD H MONTGOMERY&PAULA CITY OF ASPEN PO BOX 11660 130 S GALENA ST ASPEN,CO 81612 ASPEN,CO 81611 KEILIN KIM MILLER MADSEN GEORGE W JR BERGMAN CARL R&CATHERINE M PO BOX 10064 MADSEN CORNELIA G PO BOX 1365 ASPEN.CO 81612 931 W FRANCIS ST ASPEN.CO 81612 ASPEN. CO 81611 BEN HAMOO SHLOMO&PATRICE TALENFELD ELIZABETH G ZUCKERMAN NORBERT A TRUST CONYERS 915 W FRANCIS ST ZUCKERMAN HELEN LIVING TRUST PO BOX 2902 ASPEN.CO 81611 280 DAINES STE 202 ASPEN, CO 81612 BIRMINGHAM.MI 48009 OSHEROW PAM CRYSTAL PALACE CORPORATION ASPEN HISTORIC COTTAGES LLC 3528 NW 61ST CIR PO BOX 32 601 E HYMAN AVE#102 BOCA RATON,FL ASPEN. CO 81612 ASPEN.CO 81611 BEHRENDT HERMAN MICHAEL SHOAF JEFFREY S 334 W HYMAN AVE PO BOX 3123 ASPEN.CO 81611 ASPEN,CO 81612 BLANZ JAMES M BEHRENDT H MICHAEL SANCHEZ ANDY L&MICHELLE MAINS 2555 NE 11TH ST 334 W HYMAN AVE PO BOX 1801 FT LAUDERDALE,FL 33304 ASPEN.CO 81611 ASPEN,CO 81612 JONES EARL BEHRENDT H MICHAEL TOTH MICHAEL&ANNE G 834 W HALLAM ST 334 W HYMAN AVE- 910 W HALLAM ST#3 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 KIRK COURTLANDT BLAINE PATERSON CARRIE E PETROCCO J ANTHONY PO BOX 134 PO BOX 11675 910 W HALLAM#11 ASPEN,CO 81612 ASPEN.CO 81612 ASPEN,CO GREGORY KIRK FAGAN PAUL L GREGORY PETRA STUART DONA PO BOX 244 PO BOX 11733 ASPEN,CO 81612 PO BOX 10055 ASPEN,CO 81612 ASPEN,CO 81612 CITY OF ASPEN SIEGEL ELIZABETH N&NEIL B ALDERFER JOHNNIE MAE 130 S GALENA ST 4706 WARREN ST NW PO BOX 10880 ASPEN,CO 81611 WASHINGTON,DC 20016 ASPEN,CO 81612 GELLER SCOTT SAMUELS LAURA R KOPF CAROL ANN&DONALD W 29 BARKLEY CIR PO BOX 4934 PO BOX 956 FORT MYERS.FL ASPEN,CO 81612 ASPEN,CO 81612 HINRICHS NANCY R LUU TONG KHON MORRIS CHARLES R JR 100 N 8TH ST TRAN TUYET LE ASPEN VILLAS NIGM'T ASPEN, CO 81611 PO BOX 2785 814\V BLEEKER ASPEN.CO 81612 ASPEN.CO 81611 COOK ROBERT C&MARSHA N ASPEN SQUARE CONDOMINIUM ASSOC DE PAGTER JACOBUS ADRIAAN 3060 W PINE VALLEY RD NW 617E COOPER AVE DE PAGTER JOHANNA SUZANNA MARGARETHA ATLANTA,GA 30305 ASPEN.CO 81611 POST OFFICE BOX 182 ASPEN,CO 81612 COHEN RICHARD A TOPELSON ALEJANDRO RICCIARDI RIK COHEN ELIZABETH A TOPELSON REBECA 100 N 8TH ST#14 PO BOX 1806 5300 DTC PKWY#400 ASPEN,CO 81611 ASPEN,CO 81612 ENGLEWOOD,CO 80111 D'ALESSIO ROBERT J DI BARTOLOMEO BETTY M SCHAFFER WILLIAM H D'ALESSIO JEAN M VILLAS OF ASPEN#C-11 SCHAFFER KAREN W 814 W BLEEKER C-4 100 N 8TH ST 127 BRIXWORTH LN APT 7 ASPEN,CO 81611 ASPEN.CO 81611 NASHVILLE.TN DOYLE R&G 10%SEARIGHT P 30% UHLER FRANCES M HADDON HAROLD A DOYLE R T III 30%GRIST F 30% 814 W BLEEKER HADDON BEVERLY J 3711 EASTLEDGE DR ASPEN,CO 409 21ST ST AUSTIN,TX 78731 DENVER,CO 80205 FATAHI AMENEH TRAN HONG HUONG LICHTENWALTER GARY R PO BOX 8080 814 W BLEEKER ST#C1 350 HOUBOLT RD ASPEN,CO 81612 ASPEN,CO 81611 JOLIET,IL GLATMAN THEMIS ZAMBRZYCKI EIDSON JOY REVOCABLE TRUST-1/2 REED BRENT H&GEORGE L II GLATMAN BRUCE ROY EIDSON ARVIN WAYNE REVOCABLE 100 N 8TH ST#6 20034 CALVERT ST TRUST-1/2 ASPEN,CO WOODLAND HILLS,CA 91367 PO BOX 271 SULPHUR,OK 73086 OBRIEN MERLE JABLIN&THOMAS R LANDIS JAMES H HEISLEY MICHAEL E PO BOX 778 C/O MICHELLE BRIGHT LW GIES-HEICO INC C/O ASPEN,CO 81612 530 RIVERSIDE DR 2075 FOXFIELD RD STE 102 BASALT,CO 81621 ST CHARLES,IL 60174 FERRARA VINCENT J KURTZ KENNETH T&KAREN PITKIN EXCHANGE HOLDINGS OF ASPEN FERRARA ANNA M-JT TENANTS BRAKUR CUSTOM CABINETRY INC C/O LLC 100 N 8TH ST#16 18656 S RT 59 601 E HOPKINS AVE ASPEN,CO 81611 SHOREWOOD,IL 60435 ASPEN,CO 81611 ANZALONE GRACE E LEPPLA JOHN L LARNER JACQUELINE L PO BOX 3808 LEPPLA JOEN F 376 DAHLIA ASPEN,CO 81612 4040 DAHL RD DENVER,CO 80220 MOUND,MN 55364 LONG MONA HAYLES TRUST HEISLEY MICHAEL E SHAFER ROBERT C&ADRIAN C BOX 3849 CIO K J LONG DORWORTH- ASPEN,CO 81612 2004 DIANA DR 3554 QUEBEC ST NW MENDOTA, IL 61342 WASHINGTON,DC 20016 STEINBERG EDWARD M RICCIARDI RIK ANDREWS JUDY D 1068 HOLLY ST 100 N 8TH ST#14 1043 HIGHLANDER DR DENVER.CO 80220 ASPEN,CO 81611 SEASIDE,CA PIVNICK JAY SPERLING FAMILY TRUST OVERTON THOMAS N PO BOX 1306 SPERLING LEONA AND STANLEY- OVERTON PATRICIA J ASPEN,CO 81612 TRUSTEES PO BOX 3075 13082-26 MINDANAO WAY ASPEN,CO 81612 MARINA DEL REY,CA 90292 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager Julie Ann Woods, Community Development Direct FROM: Sarah Oates, Planning Technician 'So RE: Red House Enclave Apartments Rezoning Second Reading, Parcel I.D. 2735-123-00-820 DATE: January 25, 1999 SUMMARY: The applicant,the City of Aspen, is seeking rezoning of the property located at 855 West Hallam to Residential Multi-Family (RMF). The property is currently a 12,727 square foot tract located in the County, and zoned R-15. The Planning and Zoning Commission recommended approval by a vote of 6 to 0 on December 8, 1998, and the City Council approved for rezoning on the First Reading by a 5 to 0 vote on December 14, 1998. The property meets all dimensional requirements for Residential Multi-Family (RMF) zoning with the exception of the off-street parking requirement. Parking is provided by an access easement on adjoining property. The Planning and Zoning Commission has approved the off-site parking through a special review at the December 8 meeting. Community Development Department staff recommends approval for this rezoning. MAIN ISSUES: The Red House Enclave Apartments are in the process of being annexed into the City. This parcel is encircled on all sides by the City of Aspen, in a primarily multi-family residential neighborhood. As part of the annexation process the City is required to rezone the property within 90 days. The public hearing on the annexation is also scheduled for January 25, 1999. Because the existing apartments do not have on-site parking, the property will not meet the parking requirements of any residential zone district. However, the Planning and Zoning Commission approved parking through special review because a parking access easement has been granted to the property. This easement provides seventeen spaces for the 6 apartments, which is in excess of the zoning requirement. APPLICANT: The applicant is the City of Aspen, represented by the Aspen/Pitkin County Housing Authority. 1 LOCATION: The property is located at 855 West Hallam. ZONING: Existing: The property is currently zoned R-15 in the County. Proposed: Residential Multi-Family (RMF) LOT SIZE: The lot size is 12,727 square feet. The minimum lot size for the Residential Multi- Family (RMF) is 6,000 square feet. LOT AREA(FOR PURPOSES OF FAR CALCULATION): The applicant is not proposing an addition at this time. FAR: Allowable -- 1:1 Existing-- approximately 5,000 square feet. Proposed-- no increase in FAR is proposed. CURRENT LAND USE: The current land use is six free market rental units. PROPOSED LAND USE: The proposed land use is for the six units to be sold as Affordable Housing units. MINIMUM LOT AREA PER DWELLING UNIT(DENSITY : The lot area per dwelling unit(density) is based on unit size. The units comprising this project are as follows: Unit size Number of units Minimum lot area each 1 bedroom 4 400 square feet 2 bedroom 1 800 square feet 3 bedroom 1 1200 square feet 3600 square feet of lot area required PREVIOUS ACTION: The Council has not previously considered this application. The Planning and Zoning Commission has review this application and has recommended approval by a 6 to 0 vote; City Council approved the rezoning on First Reading by a 5 to 0 vote. REVIEW PROCEDURE: Rezoning. The Planning and Zoning Commission shall consider the application at a hearing and recommend approval, approval with conditions, or denial to City Council. The Council will then approve, approve with conditions or deny the application at a public hearing. 2 BACKGROUND: The Red House Enclave Apartments were purchased by the City of Aspen in October 1997. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit"A." The application has been included as Exhibit`B." A site plan is attached as Exhibit"C." RECOMMENDATION: Staff and the Planning and Zoning Commission recommend the City Council approve rezoning of the Red House Enclave Apartments, 855 West Hallam to Residential Multi-Family (RMF) without conditions. RECOMMENDED MOTION: "I move to approve, on second reading, Ordinance #52, Series of 1998, the rezoning to Residential Multi-Family (RMF)without conditions." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Development Application Exhibit C -- Site Plan c\home\planning\casllec.doe 3 Exhibit A Procedure: Amendment to the Official Zone District Map A development application for an amendment to the text of this title or the official zone district map shall be reviewed and recommended for approval, approval with conditions, or disapproval by the planning director and then by the Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing, in accordance with the procedure established in Common Procedures, Chapter 26.52. STAFF COMMENTS: Rezoning Section 26.92.020,Standards Applicable to Rezoning In reviewing an amendment to the official zone district map,the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The property meets all dimensional requirements of the Residential Multi-Family (RMF) zone district with the exception of the parking which is provided for by an access easement on adjacent property. The Planning and Zoning Commission approved the special review for this site, eliminating an on-site parking requirement. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The AACP does not address this parcel specifically. Annexation and rezoning of the property does further the goal of the Housing provisions of the AACP, as the units will be used as affordable housing. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The adjoining property is zoned Residential Multi-Family. Once annexed,rezoning as Residential Multi-Family (RMF) will be compatible with adjoining property. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The rezoning is not expected to pose any traffic problems, as there is an existing six unit structure on the property. 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 facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: There is no proposal for further development. The rezoning will not impact demands on community facilities. However,because this property will be located in the city limits, there should no longer be confusion by the County Sheriffs Department as to whether they should respond or not. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The rezoning is not expected to affect the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The rezoning of the parcel to Residential Multi-Family, and creation of additional affordable housing units are consistent with the community character in the City. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The property is compatible with the higher density residential developments in the area. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: The rezoning is not in conflict with the public interest and meets the intent of the land use code. EXHIBIT A BEGINNING AT CORNER NO. 2 OF SAID NORTH TEXAS MILLSITE. SAID D.CO ALSO LINE 6-7 OF THE CITY AND TOWNSITE OF ASPEN, TOWNSITE, A RED SANDSTONE IN PLACE, HEARS N 07 DEGREES 38' E 1134 .60 FEET; THENCE ALONG SAID LINE' 6-7 N 07 DECREES 38. 00" E 36. 94 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 75 DEGREES 40' E 8 .00 FEET; • THENCE S 07 DEGREES 38' W 40 .00 FEET; THENCE N 75 DEGREES 40' THENCE S 14 DEGREES 20' W 17 . 00 FEET; THENCE N 75 DEGREES 40' W 38. 00 FEET: THENCE N 14 DEGREES 20' E 15 .00 FEET; THENCE N 75 DEGREES 40' W 15 . 50 FEET; THENCE N 14 DEGREES 20' E 4 . 00 FEET; THENCE N 75 DEGREES 40' W 10 .00 FEET; THENCE N 14 DEGREES 20' E 2 .63 FEET TO THE NORTHERLY LINE OF SAID NORTH TEXAS MILLSITE; THENCE ALONG THE NORTHERLY LINE OF SAID MILLSITE N 74 DEGREES 30 ' W 47 . 00 FEET; THENCE N 07 DEGREES 36' E 54 . 12 FEET TO THE SOUTHERLY LINE OF COLORADO M•GHWAY NO. 82: THENCE S 75 DEGREES 09' 11' E 125.00 FEET ALONG THE SOUTHERLY LINE OF SAID HIGHWAY TO LINE 6•7 OF CITY AND TOWNSITE OF ASPEN. THENCE S 07 DEGREES 38' W 18 . 62 FEET ALONG SAID LINE 5-7 TO THE TRUE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO PARCEL 2 : A .TRACT OF LAND BEING COMPRISED OF THOSE PARCELS OF LAND DESCRIBED iN SOCK 240 AT PACE 734 AND IN BOOK 350 AT PAGE 803 AND PORTION OF THE VILLA OF ASPEN TOWNHOUSES AS SHOWN ON PLAT 300K 4 AT PAGE 296, PITKIN COUNTY RECORDS, BEING PARTS OF BLOCK 5 ASPEN TOWNSITE, NORTH TEXAS MILLSITE, MS 3288. AND LOT 3 . SECTION 12. TOwNSHIP 10 SOUTH. RANGE 85 WEST OF THE SIXTH ?RINCIBAL MERIDIAN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON ASPEN TOWNSITE LINE 6-7 BEING THE NORTHWEST CORNER OF BLOCK 5 ASPEN TOWNSITE; THENCE S 75 DEGREES 09'11" E 35 . 99 FEET ALONG THE NORTH LINE OF BLOCK 5; THENCE S 15 DEGREES 43 ' 36" U 66 .30 FEET; THENCE S 89 DEGREES 30' 00" N 46. 00 FEET; THENCE S 66 DEGREES 00' 00' W 45 .50 FEET; ';HENCE N 32 DEGREES 00'00' W 53 .00 FEET; THENCE N 01 DEGREES 40. 00" E 24.50 FEET TO THE NORTH LINE OF .THE NORTH TEXAS .'MILLSITE; THENCE N 74 DEGREES 30' 00" U 30.00 FEET ALONG THE NORTH LINE OF THE NORTH TEXAS MILLSITS; THENCE N 07 DEGREES 36' 00' E 54 . 12 FEET TO THE SOUTHERLY R.O.W. OF COLORADO STATE HIGHWAY NO. 92; THENCE S 75 DECREES 09' 11' E 125. 00 FEET ALONG THE SOUTHERLY R.O.W. OF COLORADO STATE HIGHWAY NO. 82 TO ASPEN TOWNSITE LINE 6-7; THENCE S 07 DEGREES 38' 00" V 7 .19 FEET ALONG ASPEN TOWNSITE LINE 6-7 TO THE POINT OF BEGINNING. COUNTY OF PITKIN. STATE OF COLORADO I11 II 11111111 III 11111 11111111 1�� 1���II 1111111111 •07P MD OAVIS SiLVI 409406 18/13/1981 03• 3 of 3 R 18,00 0 137,50 N a.@0 Pi1 i �Ot,GRADO \...) 4— _.0 I t til i t w' g •••:. z \'\...) 0' a .1. W 5 4 ',f A • •,. i I! 2 g i — --- 1 / Ai i i el 1 gi, 1 / - , / / - - ---1---/ ---/ l / Ii : 1 i al - / -_ f-1 / 1/ -1 • / / .. / - 4 .. i ---1 -- -r __ / r . /, /1--1 .1 --__/ ,/ / = / / 1-- - -/ - - / Ift- ------, , , /, , . .„.. / ---,. _ - iI / , , / ,---, , .., . i ---_, r / / /1 I I L -- , _ R- '5 L■';: d 7 „ / i2 --'• g ‘,' ril 4.1 (1) . .,.., 1,4 ,'• _. ( '11• ggi . \ 9: . i . .....-... •\ Elg-. • .---, 4 (In , // '•. ° : . / ; ! • 9, \ • .., I . 1.e/ / / --•-:-//,\--__-_-_ ":('.; 99-- --41„s, ° 8 —7. . .. 8 •-:: •: ..-;:. ,, i°, -• i'" , i8 'I 9. :ER iIj 9..,'9 • 8 %/I i '' „ .'1 /.213 :. , , • l• 2, ■'' . .`21.! I ' , :,: . lq,,,,, / '; ;;'" County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATION State of Colorado } SECTION 26.52.060 (E) I, I err-t.1 Y.O. p i; , being or representing an Applicant to the City oil Aspen, pbrsbnally certify that I have complied with the public notice requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto,by first-class, postage prepaid U.S. Mail to all owners of property with three hundred (300) feet of the subject property, as indicated on the attached list, on the/ day of Sari. , 1999(which is II days prior to the public hearing date of . RECEIVED 2. By posting a sign in a conspicuous place on the subject property (as it could be seen JAN 0 7 1999 from the nearest public way) and that the said sign was posted and visible continuously Aso-tNIeoI&IN +4^ COMMUNITY DEVELOPMENT from the <] day of Mt,h. , 1991. (Must be posted for at least ten(10) full days before the hearing date). A photograph of the posted sign is attached hereto. °- Signa e b.„... , - 1,..., ' . - Z, ., . . ` r" Signed before me this day . . . . '� , . . A V y j 0.vv�.D 3 ,199ciby ti t" i uTICE ,1'Y LATE TIME PLACE WITNESS MY HAND AND OFFICIAL SEAL li PURPOSE My co• 'ssion expires: -it 0 f / _■ - Notary Public / -+` """*. IG�' Notary Public's ; a • : •; •; j 1 MINI / ..S.1/4 "7 i 11 >' •�ti. i 111 Fo'...... _..."0°-- ‘‘,"OOLOaP r—� PUBLIC NOTICE RE: CASTLE CREEK CONDOMINIUMS, "THE RED HOUSE," REZONING NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 25, 1999 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 South Galena, Aspen, to consider an application submitted by the Aspen/Pitkin County Housing Authority requesting rezoning of the property to Residential Multi-Family (RMF). The property is located at 855 West Hallam Street, is commonly know as the Red House and is described as a parcel of land in the SW quarter of Section 12, 75105, Range 85 W of the 6th PM. For further information, contact Sarah Oates at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5441, saraho @ci.aspen.co.us. s/John Bennett,Mayor Aspen City Council Published in the Aspen Times on January 9, 1999 City of Aspen Account - DATE TIME pURppsF- LOUD H MONTGOMERY&PAULA PO BOX 11660 CITY OF ASPEN ASPEN,CO 81612 130 S GALENA ST ASPEN,CO 81611 KEILIN KIM MILLER MADSEN GEORGE W JR PO BOX 10064 MADSEN CORNELIA G BERGMAN CARL R&CATHERINE M ASPEN,CO 81612 931 W FRANCIS ST PO BOX 1365 ASPEN,CO 81611 ASPEN,CO 81612 BEN HAMOO SHLOMO&PATRICE CONYERS TALENFELD ELIZABETH G ZUCKERMAN NORBERT A TRUST PO BOX 2902 915 W FRANCIS ST ZUCKERMAN HELEN LIVING TRUST ASPEN,CO 81612 ASPEN,CO 81611 280 DAINES STE 202 BIRMINGHAM,MI 48009 OSHEROW PAM CRYSTAL PALACE CORPORATION 3528 NW 61ST CIR PO BOX 32 ASPEN HISTORIC COTTAGES LLC BOCA RATON,FL ASPEN,CO 81612 AS E HYMAN AVE#102 ASPEN,CO 81611 BEHRENDT HERMAN MICHAEL SHOAF JEFFREY S 334 W HYMAN AVE PO BOX 3123 ASPEN,CO 81611 ASPEN,CO 81612 BLANZ JAMES M BEHRENDT H MICHAEL 2555 NE 11TH ST S ANDY L&MICHELLE MAINS FT LAUDERDALE,FL 33304 334 W HYMAN AVE PO O BOX BOX 1 1801 ASPEN,CO 81611 ASPEN,CO 81612 JONES EARL BEHRENDT H MICHAEL 834 W HALLAM ST 910 W MICHAEL&ANNE G 334 W HYMAN AVE 910 W HALLAM ST#3 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 KIRK COURTLANDT BLAINE PATERSON CARRIE E PO BOX 134 PETROCCO J ANTHONY ASPEN,CO 81612 PO BOX 11675 910 W HALLAM#11 ASPEN,CO 81612 ASPEN,CO FAGAN PAUL L GREGORY KIRK PO BOX 244 GREGORY PETRA STUART DONA ASPEN,CO 81612 PO BOX 10055 PO BOX 11733 ASPEN,CO 81612 ASPEN,CO 81612 CITY OF ASPEN SIEGEL ELIZABETH N&NEIL B PO BOX 10880 JOHNNIE MAE 130 S GALENA ST 4706 WARREN ST NW PO BOX 10880 ASPEN,CO 81611 WASHINGTON,DC 20016 ASPEN,CO 81612 GELLER SCOTT SAMUELS LAURA R 29 BARKLEY CIR PO BOX 4934 KOPF CAROL ANN&DONALD W FORT MYERS,FL ASPEN,CO 81612 PO BOX 956 ASPEN,CO 81612 HINRICHS NANCY R LUU TONG KHON MORRIS CHARLES R JR 100 N 8TH ST#2 TRAN TUYET LE ASPEN VILLAS MGM'T ASPEN,CO 81611 PO BOX 2785 ASPEN,CO 81612 814 W BLEEKER ASPEN,CO 81611 COOK ROBERT C&MARSHA N ASPEN SQUARE CONDOMINIUM ASSOC DE PAGTER JACOBUS ADRIAAN 3060 W PINE VALLEY RD NW 617 E COOPER AVE DE PAGTER JOHANNA SUZANNA ATLANTA,GA.30305 ASPEN,CO 81611 MARGARETHA POST OFFICE BOX 182 ASPEN,CO 81612 COHEN RICHARD A TOPELSON ALEJANDRO COHEN ELIZABETH A TOPELSON REBECA RICCIARDI RIK PO BOX 1806 5300 DTC PKWY#400 100 N 8TH ST#14 ASPEN,CO 81612 ENGLEWOOD,CO 80111 ASPEN,CO 81611 D'ALESSIO ROBERT J DI BARTOLOMEO BETTY M D'ALESSIO JEAN M VILLAS OF ASPEN#C-1 I SCHAFFER WILLIAM H 814 W BLEEKER C-4 100 N 8TH ST 127 BRI ER KAREN W ASPEN,CO 81611 ASPEN,CO 81611 127 B NASHVILLE, TH LN APT 7 NASHVILLE,TN DOYLE R&G 10%SEARIGHT P 30% DOYLE R T III 30%GRIST F 30% UHLER FRANCES M HADDON HAROLD A 3711 EASTLEDGE DR 814 W BLEEKER HADDON BEVERLY J AUSTIN,TX 78731 ASPEN,CO 409 21ST ST DENVER,CO 80205 FATAHI AMENEH TRAN HONG HUONG PO BOX 8080 814 W BLEEKER ST#C1 350 HTENWALTER GARY R ASPEN,CO 81612 ASPEN,CO 81611 350 HOUBOLT RD JOLIET,IL GLATMAN THEMIS ZAMBRZYCKI EIDSON JOY REVOCABLE TRUST-1/2 GLATMAN BRUCE ROY EIDSON ARVIN WAYNE REVOCABLE REED BRENT H&GEORGE L II 20034 CALVERT ST TRUST-1/2 100 N 8TH ST#6 WOODLAND HILLS,CA 91367 PO BOX 271 ASPEN,CO SULPHUR,OK 73086 LANDIS JAMES H OBRIEN MERLE JABLIN&THOMAS R PO BOX 778 C/0 MICHELLE BRIGHT HEISLEY MICHAEL E ASPEN,CO 81612 530 RIVERSIDE DR LW GIES-HEICO INC C/0 BASALT,CO 81621 2075 FOXFIELD RD STE 102 ST CHARLES,IL 60174 FERRARA VINCENT J KURTZ KENNETH T&KAREN FERRARA ANNA M-JT TENANTS BRAKUR CUSTOM CABINETRY INC C/O LLTCKIN EXCHANGE HOLDINGS OF ASPEN 100N 8TH ST#16 18656 S RT 59 ASPEN,CO 81611 SHOREWOOD,IL 60435 601 E HOPKINS AVE ASPEN,CO 81611 LEPPLA JOHN L ANZALONE GRACE E PO BOX 3808 LEPPLA JOEN F EARNER JACQUELINE L ASPEN,CO 81612 4040 DAHL RD 376 DAHLIA MOUND,MN 55364 DENVER,CO 80220 LONG MONA HAYLES TRUST HEISLEY MICHAEL E SHAFER ROBERT C&ADRIAN C BOX 3849 C/O K J LONG DORWORTH- ASPEN,CO 81612 2004 DIANA DR 3554 QUEBEC ST NW MENDOTA,IL 61342 WASHINGTON,DC 20016 STEINBERG EDWARD M RICCIARDI RIK ANDREWS JUDY D 1068 HOLLY ST 100 N 8TH ST#14 1043 HIGHLANDER DR DENVER,CO 80220 ASPEN,CO 81611 SEASIDE,CA PIVNICK JAY SPERLING FAMILY TRUST OVERTON THOMAS N PO BOX 1306 SPERLING LEONA AND STANLEY- OVERTON PATRICIA J ASPEN,CO 81612 TRUSTEES PO BOX 3075 13082-26 MINDANAO WAY ASPEN,CO 81612 MARINA DEL REY,CA 90292 MEMORANDUM M CP TO: Mayor and City Council THRU: Amy Margerum, City Manager Julie Ann Woods, Community Development Director Ilk- -' FROM: Sarah Oates, Planning Technician .50- RE: Castle Creek Apartments (aka "The Red House") Rezoning First Reading, Parcel I.D. 2735-123-00-820 DATE: December 14, 1998 SUMMARY: The applicant, the City of Aspen, is seeking rezoning of the property located at 855 West Hallam to Residential Multi-Family (RMF). The property is currently a 12,727 square foot tract located in the County, and zoned R-15. The Planning and Zoning Commission recommended approval by a vote of 6 to 0 on December 8, 1998. The property meets all dimensional requirements for Residential Multi-Family (RMF) zoning with the exception of the off-street parking requirement. Parking is provided by an access easement on adjoining property. The Planning and Zoning Commission has addressed the off-site parking issue by approving a special review. Community Development Department staff recommends approval for this rezoning. MAIN ISSUES: The Castle Creek Apartments are in the process of being annexed into the City. This parcel is encircled on all sides by the City of Aspen, in a primarily multi-family residential neighborhood. As part of the annexation process the City is required to rezone the property within 90 days. Because the existing apartments do not have on-site parking, the property will not meet the parking requirements of any residential zone district. However, the Planning and Zoning Commission approved parking through special review because a parking access easement has been granted to the property. This easement provides seventeen spaces for the 6 apartments, which is in excess of the zoning requirement. APPLICANT: The applicant is the City of Aspen, represented by the Aspen/Pitkin County Housing Authority. LOCATION: The property is located at 855 West Hallam. 1 ZONING: Existing: The property is currently zoned R-15 in the County. Proposed: Residential Multi-Family (RMF) LOT SIZE: The lot size is 12,727 square feet. The minimum lot size for the Residential Multi- Family (RMF) is 6,000 square feet. LOT AREA(FOR PURPOSES OF FAR CALCULATION): The applicant is not proposing an addition at this time. FAR: Allowable -- 1:1 Existing-- approximately 5,000 square feet. Proposed-- no increase in FAR is proposed. CURRENT LAND USE: The current land use is six free market rental units. PROPOSED LAND USE: The proposed land use is for the six units to be sold as Affordable Housing units. MINIMUM LOT AREA PER DWELLING UNIT(DENSITY): The lot area per dwelling unit (density) is based on unit size. The units comprising this project are as follows: Unit size Number of units Minimum lot area each 1 bedroom 4 400 square feet 2 bedroom 1 800 square feet 3 bedroom 1 1200 square feet 3600 square feet of lot area required PREVIOUS ACTION: The Council has not previously considered this application. The Planning and Zoning Commission has review this application and has recommended approval by a 6 to 0 vote. REVIEW PROCEDURE: Rezoning. The Planning and Zoning Commission shall consider the application at a hearing and recommend approval, approval with conditions, or denial to City Council. The Council will then approve, approve with conditions or deny the application at a public hearing. 2 BACKGROUND: The Castle Creek Apartments were purchased by the City of Aspen in October 1997. The property is currently undergoing a review process for annexation and must be rezoned within 90 days after annexation has been completed. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit"A." The application has been included as Exhibit"B." A site plan is attached as Exhibit"C." Staff has scheduled the second reading of this ordinance on January 25, 1999, to coincide with the annexation. RECOMMENDATION: Staff and the Planning and Zoning Commission recommend the City Council approve rezoning of the Castle Creek Apartments, 855 West Hallam to Residential Multi- Family (RMF) without conditions. RECOMMENDED MOTION: "I move to approve, on first reading, Ordinance# ,,Series of 1998, the rezoning to Residential Multi-Family (RMF) without conditions." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Development Application Exhibit C -- Site Plan c\home\planningkaetlec.doc 3 Exhibit A Procedure: Amendment to the Official Zone District Map A development application for an amendment to the text of this title or the official zone district map shall be reviewed and recommended for approval, approval with conditions, or disapproval by the planning director and then by the Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing, in accordance with the procedure established in Common Procedures, Chapter 26.52. - - - - - STAFF COMMENTS: Rezoning Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The property meets all dimensional requirements of the Residential Multi-Family (RMF) zone district with the exception of the parking which is provided for by an access easement on adjacent property. The Planning and Zoning Commission approved the special review for this site, eliminating an on-site parking requirement. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The AACP does not address this parcel specifically. Annexation and rezoning of the property does further the goal of the Housing provisions of the AACP, as the units will be used as affordable housing. C. Whether the proposed amendment is compatible with-surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The adjoining property is zoned Residential Multi-Family. Once annexed, rezoning as Residential Multi-Family (RMF) will be compatible with adjoining property. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The rezoning is not expected to pose any traffic problems, as there is an existing six unit structure on the property. 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 facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The is no proposal for further development. The rezoning will not impact demands on community facilities. However, because this property will be located in the city limits, there should no longer be confusion by the County Sheriff's Department as to whether they should respond or not. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The rezoning is not expected to affect the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The rezoning of the parcel to Residential Multi-Family, and creation of additional affordable housing units are consistent with the community character in the City. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The property is compatible with the higher density residential developments in the area. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: The rezoning is not in conflict with the public interest and meets the intent of the land use code. MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director FROM: Sarah Oates, Planning Technician )-3 ' RE: Castle Creek Apartments (aka "The Red House") Rezoning and Special Review DATE: December 8, 1998 SUMMARY: The applicant, the City of Aspen, is seeking rezoning of the property located at 855 West Hallam to Residential Multi-Family (RMF). The property is currently a 12,727 square foot tract located in the County, and zoned R-6. The property meets all dimensional requirements for Residential Multi-Family (RMF) zoning with the exception of the off-street parking requirement. Parking is provided by an access easement on adjoining property. The Planning and Zoning Commission is being asked to address the off-site parking issue through a special review process. Staff recommends the Planning and Zoning Commission approve the special review for no on-site parking and recommend approval to City Council for this rezoning. MAIN ISSUES: The Castle Creek Apartments are in the process of being annexed into the City. This parcel is encircled on all sides by the City of Aspen, in a primarily multi-family residential neighborhood. As part of the annexation process the City is required to rezone the property within 90 days. Because the existing apartments do not have on-site parking, the property will not meet the parking requirements of any residential zone district. However, because the units will be affordable, the Planning and Zoning Commission has the authority to approve parking through special review. Staff believes there is adequate parking (17 spaces) adjacent to the property,and a parking access easement has been granted to the property. APPLICANT: The applicant is the City of Aspen, represented by the Aspen/Pitkin County Housing Authority. LOCATION: The property is located at 855 West Hallam. 1 ZONING: Existing: The property is currently zoned R-6 in the County. Proposed: Residential Multi-Family (RMF) LOT SIZE: The lot size is 12,727 square feet. The minimum lot size for the Residential Multi- Family (RMF) is 6,000 square feet. LOT AREA(FOR PURPOSES OF FAR CALCULATION): The applicant is not proposing an addition at this time. FAR: Allowable -- 1:1 Existing-- approximately 5,000 square feet. Proposed-- no increase in FAR is proposed. CURRENT LAND USE: The current land use is six free market rental units. PROPOSED LAND USE: The proposed land use is for the six units to be sold as Affordable Housing units. MINIMUM LOT AREA PER DWELLING UNIT: Unit Minimum Existing 1 bedroom 400 square feet 452 square feet 1 bedroom 400 square feet 634 square feet 1 bedroom 400 square feet 848 square feet 1 bedroom 400 square feet 400 square feet 2 bedroom 800 square feet 986 square feet 3 bedroom 1200 square feet 1506 square feet Total 3600 square feet 4826 square feet PREVIOUS ACTION: The Commission has not previously considered this application. REVIEW PROCEDURE: Rezoning. The Planning and Zoning Commission shall consider the application at a hearing and recommend approval, approval with conditions, or denial to City Council. Special Review. The Planning and Zoning Commission shall consider the application for special review and approve or deny the application 2 BACKGROUND: The Castle Creek Apartments were purchased by the City of Aspen in October 1997. The property is currently undergoing a review process for annexation and must be rezoned within 90 days after annexation has been completed. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit"A." The application has been included as Exhibit"B." RECOMMENDATION: Staff recommends the Aspen Planning and Zoning Commission approve the special review request to allow no parking spaces on-site for Castle Creek Apartments, 855 West Hallam and recommend approval of the rezoning to Residential Multi-Family (RMF)to City Council without conditions. RECOMMENDED MOTION: "I move to approve the special review for no on-street parking at the Castle Creek Apartments. I further move to recommend approval for the rezoning to Residential Multi-Family (RMF)to City Council without conditions." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Development Application c:\home\planning\casllep.doc 3 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THE SPECIAL REVIEW FOR NO ON-SITE PARKING AND RECOMMENDING CITY COUNCIL APPROVE THE CASTLE CREEK APARTMENTS REZONING TO THE RESIDENTIAL MULTI-FAMILY (RMF) ZONE DISTRICT, 855 WEST HALLAM, CITY OF ASPEN. PARCEL NO. 2735-123-00-820 Resolution #98 - WHEREAS,the Community Development Department received an application from the City of Aspen, owner, for rezoning of the Castle Creek Apartments to the Residential Multi-Family (RFM) Zone District, and Special Review to establish the parking requirements for the property; and, WHEREAS,the Planning and Zoning Commission may approve Special Reviews in conformance with the review criteria set forth in Section 26.64; and, WHEREAS,the City Council may approve Amendments to the Official Zone District Map (Rezoning) after taking and considering recommendations from the Community Development Director and the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Sections 26.88 and 26.92; and, WHEREAS,the Community Development Department reviewed the special review for parking and the proposed rezoning and recommended approval with conditions; and WHEREAS, during a duly noticed public hearing on December 8, 1998,the Planning and Zoning Commission took and considered public testimony and by a_to _vote recommended City Council approve the Castle Creek Apartments rezoning to the Residential Multi-Family (RMF) Zone District and approved the special review to allow no on-site parking for the affordable housing units. NOW, THEREFORE BE IT RESOLVED by the Commission: 1. That the City Council should approve the Castle Creek Apartments Rezone to the Residential Multi-Family (RMF) Zone District; and 2. That the parking requirements for this property are hereby established at no on- site parking provided the existing parking easement remains valid. APPROVED by the Commission at its regular meeting on December 8, 1998. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Sara Garton,Chair ATTEST: Jackie Lothian,Deputy City Clerk c:Uiame\pluming\cstl1.doc Exhibit A Procedure: Amendment to the Official Zone District Map A development application for an amendment to the text of this title or the official zone district map shall be reviewed and recommended for approval, approval with conditions, or disapproval by the planning director and then by the Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing, in accordance with the procedure established in Common Procedures, Chapter 26.52. STAFF COMMENTS: Rezoning Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map,the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The property meets all dimensional requirements of the Residential Multi-Family (RMF) zone district with the exception of the parking which is provided for by an access easement on adjacent property. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The AACP does not address this parcel specifically. Annexation and rezoning of the property does further the goal of the Housing provisions of the AACP, as the units will be used as affordable housing. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The adjoining property is zoned Residential Multi-Family. Once annexed, rezoning as Residential Multi-Family (RMF) will be compatible with adjoining property. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The rezoning is not expected to pose any traffic problems, as there is an existing six unit structure on the property. 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 facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The is no proposal for further development. The rezoning will not impact demands on community facilities. However,because this property will be located in the city limits, there should no longer be confusion by the County Sheriffs Department as to whether they should respond or not. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The rezoning is not expected to affect the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The rezoning of the parcel to Residential Multi-Family, and creation of additional affordable housing units are consistent with the community character in the City. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The property is compatible with the higher density residential developments in the area. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: The rezoning is not in conflict with the public interest and meets the intent of the land use code. PROCEDURE: OFF-STREET PARKING REQUIREMENTS The Commission, in accordance with the procedures, standards and limitations of this chapter, shall approve, approve with conditions, or disapprove a development application for special review after recommendation form the Planning Director. STAFF COMMENTS: OFF-STREET PARKING REQUIREMENTS No development subject to special review shall be permitted unless the Commission makes a determination that the proposed development complies with all standards set forth below. B. Off-street parking requirements. Whenever off-street parking requirements of a proposed development are subject to establishment and/or mitigation via a payment in lieu by special review, the development application shall only be approved if the following conditions are met: 1. In all zone districts where the off-street parking requirements of a proposed development are subject to establishment and/or mitigation by special review, the applicant shall demonstrate that the parking needs of the residents, customers, guests, and employees of the project have been met,taking into account potential uses of the parcel, the projected traffic generation of the project, the projected impacts onto the on-street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests, and employees. Staff Finding: The Castle Creek Apartments, which consists of six units and nine bedrooms, has access to parking by an access easement to adjoining property. The parking lot consists of seventeen spaces. 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