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HomeMy WebLinkAboutLand Use Case.RZ.855 Gibson Ave.A48-92 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6/10/92 PARCEL ID AND CASE NO. DATE COMPLETE: (i/4 2737-073-00-034 A48-92 STAFF MEMBER: KJ PROJECT NAME: Garrish Zone Map Amendment Project Address: 855 Gibson Avenue, Aspen, CO 81611 Legal Address: APPLICANT: Michael J. Garrish Applicant Address: 855 Gibson Avenue, Aspen, CO 81611 REPRESENTATIVE: Paul Taddune, Taddune, Hazen & Guest Representative Address/Phone: 600 E. Hopkins, Sutie 301 Aspen, CO 81611 925-9190 FEES: PLANNING $ 1,976 # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED 1 HOUSING $ ENV. HEALTH $ TOTAL $ 1, 976 PAID: (YES) NO AMOUNT: $ 1, 976 NO. OF COPIES RECEIVED 1 /1 TYPE OF APPLICATION: 1 STEP: 2 STEP: X P&Z Meeting Date 1/71 PUBLIC HEARING: OYES) NO `0 /<! - VESTED RIGHTS: YES NO OO CC Meeting Date PUBLIC HEARING: dr NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: )l-fL City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Bldg Inspector Envir.Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center Clean Air Board DATE REFERRED: C^ !/2 7 - INITIALS: FINAL ROUTING: DATE ROUTED: ////f//'/ NITIAL: U� City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: (a T-L ORDINANCE NO. 52 C (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REZONING THE WESTERN PORTION OF THE GARRISH TRACT, 855 GIBSON AVENUE, A/K/A A METES AND BOUNDS PARCEL IN SECTION 7, T10S, R84W OF THE 6TH P.M. , PITKIN COUNTY, COLORADO, FROM R-30 LOW DENSITY RESIDENTIAL (PUD) TO R-15 MODERATE DENSITY RESIDENTIAL, AND WAIVING 100% OF THE ACCRUED PLANNING PROCESSING FEES ASSOCIATED WITH THE REZONING. WHEREAS, Michael J. Garrish submitted an application to the Planning Office to rezone the western portion of his property from R-30 (PUD) to R-15; and WHEREAS, the application also requested waiver of the Planning processing fees for the rezoning based upon the assumption that in the 1975 the boundary for the R-30 zone designation was erroneously placed through the center of the Garrish Tract rather than along the western property line of the parcel; and WHEREAS, the Planning Commission reviewed the rezoning application at a public hearing on July 21, 1992 and voted 4-0 for recommending approval of the rezoning as requested by Mr. Garrish; and WHEREAS, pursuant to the review criteria for zoning map amendments contained in Section 24-7-1102 of the Aspen Municipal Code, the City Council finds that the R-15 zone district is the most appropriate designation for the entire Garrish tract; and WHEREAS, based on the discrepancy between the Garrish Tract boundary and the zoning line established by the City in 1975 which was not caused by the Applicant, the City Council agrees that waiving 100% of the total accrued Planning processing fees for the 1 rezoning to R-15 is fair and equitable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. The following described property shall be rezoned from R-30 Low Density Residential (PUD) to R-15 Moderate Density Residential and the PUD designation shall be lifted, and subject to those zoning regulations applicable to said zone district and described in Chapter 24 of the Aspen Municipal Code, as now exists or may hereinafter be amended: "Exhibit A" Section 2 . The Official Zone District Map for the City of Aspen shall be and is hereby amended to reflect that zoning as set forth in Section 1 above and such amendment shall be promptly ( entered on the Official Map in accordance with Section 24-7-1006 of the Aspen Municipal Code. Section 3 . The' amount of the Planning application fees shall be refunded by the City, not to exceed 100% of actual accrued processing costs. Section 4. The City Clerk is directed upon adoption of this ordinance to record a copy in the Pitkin County Clerk and Recorder's Office. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining 2 portions thereof. �.. Section 6. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the /__ day of , 1992 , in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the /0 day of AA-us , 1992 John S Bennett, Mayor ATTEST: Kathryn S. Koch, City Cle k FINALLY adopted, passed and approved this l day of Anrenjelli , 1992 . 5. c� John . Bennett, Mayor ATTEST: Kathry S. Koch, City Clerk ord. zone.boiler 3 • ( EXHIBIT "A" GARRISH TRACT REZONING A parcel of land situated in Section 7, T10S, R84W of the 6th P.M. , Pitkin County, Colorado, described as follows: Beginning at a point being 693 . 07 feet N13 °27 '40"W from the South Is corner of Section 7, TlOS, R84W, of the 6th P.M. (1954 Brass Cap) ; Thence N22°42 'E 151.02 feet; Thence N24 °41'E 61. 12 feet to the South side of Gibson Avenue; Thence N42 °41 'W155.79 feet along the South side of Gibson Avenue; Thence S19°31 'W 170. 33 feet; Thence along a curve to the right with a radius of 359. 80 feet a distance of 65.06 feet (chord bears S24 °13 '27"W 64 .92 feet) ; Thence S60°07 ' 20"E 50. 00 feet; Thence S43 °46 'E 89. 62 feet, to the point of beginning. Containing 29, 165 square feet, more or less. EXCEPT, for that portion thereof described as follows: Commencing at the South Quarter corner of said Section 7, (a U.S. Government Brass Cap Monument) ; thence N 13 degrees 27 minutes 40 seconds West,. 693 . 07 feet; thence North 22 degrees 42 minutes East, 151.02 feet; thence North 24 degrees 41 minutes East, 41. 12 feet to the point of beginning; thence North 24 degrees 41 minutes East, 20. 00 feet; thence North 42 degrees 41 minutes West, 135.79 feet; thence South 35 degrees 21 minutes 09 seconds East, 144 . 67 feet more or less to the true point of beginning. Containing 1253 square feet more or less. I i 1 1 •t EitE, 8 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Directo FROM: Kim Johnson, Planner DATE: September 14, 1992 RE: Garrish Property Rezoning from R-30 (PUD) Low Density Residential to R-15 Moderate Density Residential and Request to Waive Planning Fees for Rezoning - Second Reading of Ordinance 52, Series 1992 SUMMARY: The Planning Commission recommends approval of rezoning a portion of Michael Garrish's property from R-30 PUD to R-15. This request is being made to establish R-15 zoning on the entire 27, 912 s. f. parcel currently bisected by the R-30 PUD / R-15 zone boundary. PREVIOUS COUNCIL ACTION: First Reading was held on August 10, 1992 . Council moved to approve Ordinance 52 with a change that the fee waiver be 100% rather than 50% as recommended by the Planning Office. BACKGROUND: The 0. 64 acre parcel is located at 855 Gibson Ave. Please see parcel and vicinity in Exhibit "A" . Mr. Garrish is requesting the zone change to make the zoning of the parcel consistent throughout the entire parcel. The current zoning of the western portion of the property is R-30, Low Density Residential with a PUD overlay. The existing R-15 portion on the east side of the lot is less than the required lot size of 15, 000 s. f. , and the entire parcel size (27, 912 s. f. ) is not in compliance with the minimum R-30 requirement of 30, 000 s.f. lots. After searching the City Clerk's records, what appears to have happened is that the property in question was included in the 1975 rezoning of Oklahoma Flats from R-15 to R-30. It cannot be determined from the record why this portion of Mr. Garrish's property was included as is not accessed from the Oklahoma Flats area below. According to the applicant, a metes and bounds line running through the Garrish parcel was apparently chosen as the zone boundary instead of the western-most property line. This has created inconsistencies with the minimum lot sizes required by the R-30 and R-15 districts and the actual land areas within these zone boundaries. STAFF DISCUSSION: The current zoning of R-30 PUD and R-15 divides the Garrish lot roughly in half, with the R-30 PUD portion being along the west side. The current use of the site is a single family residence (also bisected by the zone boundary) . No change to this use is proposed relative to the rezoning request. Please refer to Exhibit "B" for R-15 zone district information, Section 24-5-202 of the Municipal Code. The following are standards from Section 24-7-1102 which must be addressed when considering a Map Amendment (rezoning) : A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: There are no conflicts with the Land Use Code which will arise as a result of this rezoning. The application states that the dual zoning on the Garrish property resulted from an apparent City error. Research has led staff to believe that this occurred during the 1975 city-wide downzoning and rezoning of the Oklahoma Flats area to R-30 PUD. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The 1973 Comprehensive Plan Land Use Map shows this area to be single family residential. The proposed zoning would be in conformance with the 1973 Plan and the current residential use. C. Whether the proposed zoning amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The surrounding zoning is R-30 PUD on the west and south (Oklahoma Flats) , R-15 to the east and north (across Gibson Ave. ) and Park to the south which is Herron Park. The proposed R-15 zone is compatible with these residential zones and uses. D. The effect of the proposed amendment on traffic generation and road safety. Response: The change will not affect the level of activity at this site. E. Whether the proposal will result in increased demand on public facilities. Response: No changes in public facilities needs will result from this rezoning. The current residential use is proposed to continue. F. Whether the proposed amendment will result in impacts on the natural environment. Response: No adverse impacts are anticipated as a result of the 2 rezoning. The PUD overlay is being deleted as part of this application because it would serve no useful purpose if it remains. Single family dwellings and duplexes, which are the principal permitted uses in R-15 zones, are exempt from PUD review requirements. G. Whether the proposal is consistent and compatible with the community character in the City of Aspen. Response: The proposed zone change will not diminish the character of the community. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission recommends approval of the rezoning request by a vote of 4-0 at their regular meeting on July 21, 1992 . RECOMMENDATION: The Planning and Zoning Commission recommends rezoning the western portion of the Garrish Property from R-30 PUD to R-15. The PUD overlay on the parcel should be removed as single family and duplex development is not subject to PUD review anyway. Although not within their official purview, the Commission also passed a motion requesting Council's waiver of the Planning processing fees based on the apparent error in applying the zone boundaries when the property was rezoned in 1975. Section 24-6- 202 A. states that "The development application shall be accompanied by a fee, as established from time to time by the City Council, to defray the cost of processing the application. " The Planning Office recommended that Council consider a 50% reduction of actual accrued Planning fees as there is no certainty why the 1975 rezoning took place in that configuration. Based on Council ' s direction at first reading, the ordinance has been changed to a 100% fee waiver. ALTERNATIVES: The land area could remain zoned as R-30. PROPOSED MOTION: "I move to have Second Reading of Ordinance 52 , Series 1992 , approving rezoning the western portion of the Garrish Tract from R-30 Low Density Residential to R-15 Moderate Density Residential, and waiving 100% of actual Planning processing fees. " CITY MANAGER COMMENTS: Attachments: Ordinance 52, Series 1992 Exhibit "A" - Location map and Parcel Sketch "B" - Municipal Code Section 24-5-202 - R-15 Zone District 3 4.0 ho City Council Exhibit I` , LAND USE REGULATIONS Approved , • 111 By Ordinance tot Size •uplex Allowable (Sq : Feet)* Square Feet* `4: 15,000-50, '4;440 feet of floor area,Plus 5 square feet of . sr area for �' square• :ch additional 100 square feet in lot area,up . a maximum of 6, • 1 square feet of floor area. 50,000+ 6,190 squ:. - feet of floor area,pl = ; square feet of floor area for each additio' 00 square f- - • lot area. 11. Internal floor area ratio:No requiremen k requirement. Th- ollowing ;-street parking spaces shall be pro- E• pstreet parking zone distract, • Residential subject to the . in the Medium- tY _ vided for each use I. • - - . provisions in Article 5,Division . • residential •1. AU . � __-. 1 ce/bedroom,fewer spaces may be pro •• • by special review pursuant . • 'de 7,Division 4 for historic landmarks only. 2. Lod:• • • :Requires special review pursuant to Article 7,Division 4. 3. i 1 other uses:Requires special review pursuant to Article 7,Division 4. . �• (• No.47-1988,§2;Ord.No.11-1989,§$ 1,2;Ord.No.71-1990,$2) Sec. 5-202. Moderate-Density Residential(Rr15). A. Purpose. The purpose of the Moderate-Density Residential (R-15) zone district is to provide areas for residential purposes with customary accessory uses.Recreational and insti- tutional uses customarily found in proximity to residential uses are included as conditional the Moderate-Density Residential (R-15) zone district typically consist of uses. Lands in additions to the Aspen Townsite and subdivisions on the periphery of the city.Lands within the Townsite which border Aspen Mountain are also included in the Moderate-Density Resi- dential(R-15)zone district. . B. Permitted uses. The following uses are permitted as of right in the Moderate-Density Residential(R-15)zone district. 1. Detached residential dwelling; 2. Duplex; 3. Farm buildings and uses, provided that all such buildings and storage areas are located at least 100 feet from pre-existing dwellings on other lots; *Total external floor area ratio for two detached residential dwellings or a duplex on a lot between 6,000 and 9,000 square feet containing a historical landmark shall not exceed the floor area allowed fir one detached residential dwelling. Total external floor area for two detached residential dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed for one duplex. Supp.No.2 1613 LAND USE REGULATIONS § 5-202 5. Minimum side yard(feet): 10 6. Minimum rear yard(feet): All buildings except residential dwellings and accessory buildings:20 Residential dwellings: 10 Accessory buildings:5 7. Maximum height(feet):25 8. Minimum distance between detached buildings on the lot(feet): 10 9. Percent of open space required for building site:No requirement 10. External floor area ratio(applies to conforming and nonconforming lots of record): • Supp.No.2 1614.1 § 5-202 ASPEN CODE • 11. Internal floor area ratio:No requirement - Q E. Off-street parking requirement The following off-street parking spaces shall be pro- vided for each use in the Moderate-Density Residential (R-15) zone district, subject to the provisions of Article 5,Division 3. 1. All residential uses:1 space/bedroom,fewer spaces may be provided by special review pursuant to Article 7,Division 4.for historic landmarks only. 2. Lodge uses:Requires special review pursuant to Article 7,Division 4. 3. All other uses:Requires special review pursuant to Article 7,Division 4. (Ord.No 47-1988, § 2;Ord. No. 6-1989, § 4) . 5-203. Moderate-Density Residential(R-15A). • Purpose The purpose of the Moderate-Density Residential(R-15A)zo. district is to provi. • areas for residential purposes with customary accessory uses. ' -« .tional and insti- tutional • :-.; customarily found in proximity to residential uses are inc ded as conditional uses.Lands '. the Moderate-Density Residential(R-15A)zone distri are similarly situated to those in the' oderate-Density Residential(R-15)zone district : are lands annexed from Pitkin County fro zone districts in which duplexes are a pro.•: ted use. B. Permitted uses. ' 'e following uses are permitted : - of right in the Moderate-Density Residential(R-15A)zone s►-trict. 1. Detached residential ' elling; 2. Duplex, provided fifty (50) •-rcent o •e duplex units are restricted to affordable housing; 3. Farm buildings and use, pro de• that all such buildings and storage areas are located at least 100 feet fro pre-exi: •g dwellings on other lots; 4. Home occupations;and 5. Accessory buildin:= and uses. C. Conditional us . The following uses are permitted as i nditional uses in the Moderate- Density Residentia •-15A)zone district,subject to the stand: •. and procedures established in Article 7, Di ' ion 3. 1. Op: use recreation site; 2. • blic and private academic school; . Church; 4. Group home; Supp. No. 1 1616 .' C.41 `1� ' ity Council Exhibit ., Y Vii ,4 11\ 1! _ --;,,.,, d;� ' -`S By Ordinance 1 . lel'11 Int*, 0 C--4 ri ` .r _ . ' , 6,17, ilar3.1 . r _._. , , , / &PcI4# ' lir.211 Ilf leOPER11 _ . ) .... 1 _ • _r_rale!' .. i , . ,„,„,,,,,,,„„4..L.A. '111[1111 11 I 5___�O: © v.t ,` ,fig'■ 1c411 in. woor,1■111 I - ` i ' d� - oftdmom MM.= • 011 414 rChte SS PARK P R15 A 1 z. 1111111A/X1 '416' - 1 r-' ni S T Ilk - 2 /(PUD) L,Re/• . , , i gl1M111 MRIL0K ....,.. _ i _ T , r HERRON PARK •.r....... p PARK Jr JTH 1/4 600E 700E � CORNER SECTION 7 7 4 I lin '1 111111 !iijIIIiI f iiii11Il1 !!!Sil1IIIIIA HOPKINS AVE. * . , 1411111 1, IIMIIII 1LP � iiiiiii ! lii '`! 11II ! IIIITI 111111111.-1. ... - - \ ` FOUND REBAR \ NO CAP BENT \ ,�o T y PAVED v, 'Yf / • 'S 9," wig DRIVE tt�O aGlo / i FOUND RES•• W/CAP /2376 i ....../".. . c0 8 -,o "3 ONE STORY .\ ,•, CrrI or A SPX Ai PF / FRAME HOUSE / 13 oar_ G•S`J /=4C.G •-'E / % R 30 1(' �N ' /np' FOUND REBAR W/CAP 2376 % P. U. D. : / 0 A / 26.31. > `S'\3.22� C�urE r Ti-TLr J oolc Co YS /eF GG 5/a e-- 2 E /996•a FOUND REB • 1 _ 'cJ CAP 2376 G A R R I S H ryy0 BASIS TRACT h, - "�G/ BEARING `� $q Fr • °;" 29,/ S PROPER ,' -xzs� so F, Cc,,,.j ' b b Fr 4E,- to/ . I f §,L 27,9/2 OF LOT I CF , . 1 4. ,� THE GARRISI- 9 i P I TK IN COUI` SET REBA•60'L G w/CAP 16129 •O, OJ•: OUNO 1954 BRASS o0 ' 1G F I CAP HORZ CONTROL s p / �� GARRISH TRACT N h � • 2 1 • . cugiwr // s Z ?,� �t �� 9j, O o `\ • , •96' D O �O O�• 4 OP • FOUND REBAR \� NO CAP BEM f` 0 0 ti 7_30.9/ Q�sr 7T--z /. �'7'.5 /= 512 -'-oc- 1'• • J . x MEMORANDUM TO: Planning and Zoning Commission „ FROM: Kim Johnson, Planner RE: Garrish Rezoning from R-30 PUD to R-15 (Moderate Density Residential) DATE: July 21, 1992 SUMMARY: The Planning Office recommends approval of rezoning a portion of the Applicant's property from R-30 PUD to R-15. This request is being made to establish R-15 zoning on the entire 27, 912 s.f. parcel currently bisected by the R-30 PUD / R-15 zone boundary. APPLICANT: Michael Garrish, represented by Paul Taddune LOCATION: The 0. 64 acre parcel is located at 855 Gibson Ave. Please see parcel and vicinity in Exhibit "A" . ZONING / USE: Current zoning of R-30 PUD and R-15 divides lot roughly in half, with the R-30 PUD portion being along the west side. The current use of the site is a single family residence (also bisected by the zone boundary) . No change to this use is proposed relative to the rezoning request. APPLICANT'S REQUEST: Mr. Garrish is requesting the zone change to make the zoning of the parcel consistent within it own lot lines. The existing R-15 portion of the lot is less than the required lot size of 15, 000 s. f. , and the entire parcel size (27,912 s. f. ) is not in compliance with the minimum R-30 requirement of 30, 000 s. f. lots. PROCESS: Rezoning is a two-step review. The Commission will forward recommendations to City Council for their final determination. STAFF COMMENTS: The following are standards from Section 7-1102 which must be addressed when considering a Map Amendment (rezoning) : A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: There are no conflicts with the Land Use Code which will arise as a result of this rezoning. The application states that the dual zoning on the Garrish property resulted from an apparent City error. Research has led staff to believe that this occurred 1 during the 1975 city-wide downzoning and rezoning of the Oklahoma Flats area to R-30 PUD. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The 1973 Comprehensive Plan Land Use Map shows this area to be single family residential. The proposed zoning would be in conformance with the 1973 Plan and the current residential use. C. Whether the proposed zoning amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The surrounding zoning is R-30 PUD on the west and south (Oklahoma Flats) , R-15 to the east and north (across Gibson Ave. ) and Park to the south which is Herron Park. The proposed R-15 zone is compatible with these residential zones and uses. D. The effect of the proposed amendment on traffic generation and road safety. Response: The change will not affect the level of activity at this site. E. Whether the proposal will result in increased demand on public facilities. Response: No changes in public facilities needs will result from this rezoning. The current residential use is proposed to continue. F. Whether the proposed amendment will result in impacts on the natural environment. Response: No adverse impacts are anticipated as a result of the rezoning. The PUD overlay is being deleted as part of this application because it would serve no useful purpose if it remains. Single family dwellings and duplexes, which are the principle permitted uses in R-15 zones, are exempt from PUD review requirements. G. Whether the proposal is consistent and compatible with the community character in the City of Aspen. Response: The proposed zone change will not diminish the character of the community. STAFF RECOMMENDATION: Planning Staff recommends approval of the rezoning of the western portion of the Garrish parcel from R-30 PUD 2 to R-15 Moderate Density Residential. RECOMMENDED MOTION: "I move to recommend approval of rezoning the western portion of the Garrish parcel from R-30 PUD to R-15 Moderate Density Residential. " Attachment: "A" - Map of parcel and vicinity 3 PLANNING re4ON ING COMMISSION EXHIBIT I, , APPROVED , • • 19 BY RESOLUTION a. '+e wag a N Ueret�r1M.Or • 4•3e*Ay Rd ' -,*or CI SW° yy Z � .. *; • ,{s • k� • Institute '4' ! Ne+a� ~ s e _ 3 ilic I . I 2 Musk R Tint c Not all streets or roads are El) • S Q• sr Hallam .A named on maps.Construction Lake ofd of streets and roads may be In ��j 1. progress in certain areas. t V = �S G _ HIS • S 5• <V11114 . . - a4 ®* �3 - Aspen 1 k Rd aoluess,4411Ittliale ,,t. •A. .stik-s 1-1-e - , 1 1 lAarlialftitialls%4 e 4AINT. 4 Hmplui asi„,;_,,,,crat ofirAitl.Ar : .__ . . >e WM r ff� ■ ' . O , ... weenie.• ` - •ac m v RO Sc. s y $ Q m U 1-4.--• L. m s. • fl r Aspen , Music - 12.- 416012 L 4F, School (� EAGLE EYE MAPS To Twin Lakes I PUBLIC NOTICE RE: AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 14, 1992 at a meeting to begin at 5: 00 p.m. before the Aspen City Council, City Council Chambers, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Michael Garrish, 855 Gibson Avenue, Aspen, Colorado requesting approval of an Amendment to the Official Zone District Map of the City of Aspen. The property located at 855 Gibson Street is currently bisected by the R-30 and R-15 zone Districts. The applicant is requesting that the portion of his property which is zoned R-30 be rezoned to R-15. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena St. , Aspen, CO 920-5090. s/John Bennett, Mayor Aspen City Council Published in The Aspen Times on August 28, 1992 . City of Aspen Account. MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner DATE: July 7, 1992 RE: Garrish Rezoning to R-15 - Continue Public Hearing to July 21, 1992 The Applicant requests that this public hearing be continued to July 21, 1992 because he is unable to attend tonight' s meeting. Staff agrees to the continuation. ATTACHMENT 1 LAND USE APPLICATION FUNK 1) Project Name Garrish Rezoning 2) project Location 855 Gibson Avenue, Aspen, CO, a/k/a Garrish Tract (see attached survey) (indicate street address, lot & block number, legal description where appropriate) 3) Present Zoning R-15/R-30 4) lot Size 5) Applicant's Name, Address & Buie # Michael J. Garrish, 855 Gibson Avenue, Aspen, CO 81611 (303) 925-3328 • 6) Representative's Name, Address & Phone # Paul J. Taddune, Taddune, Hazen & Guest, 600 E. Hopkins , #301 , Aspen, CO 81611 7) Type of Application (please check all that apply) : Conditional Use Conceptual SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Conceptual FUD Minor Historic Des. Stream Margin Final PUD Historic Demolition Mountain View Plane Subdivision Historic Designation Condcsni n i inn i ration X Text/Map Amendment GrVS Allotment Iat Split/Iat Line a Exemption Adjustment 8) Description of Existing Uses (Timber and type of existing structures; approximate sq. ft..; number of bedrooms; any previous approvals granted to the Property) - Residential: One story frame house (2 bedrooms, 912 square feet) 9) Description of Development Application Applicant seeks to conform entire parcel to R-15 zoning: currently zoning map bisects the property into R-30/R-15 zones (see explanation attached) 10) Have you attached the following? Response to Attachment 2, Mini/cum Submission Contents Response to Attachment. 3, Specific Submission Qontents X Response to Attachment 4, Review Standards for Your Application • TEXT/MAP AMENDMENT Application Package Contents Attached is a Development Application package for submission of your application. Included in this package are the following attachments: 1. Application Form 2. Description of Minimum Contents of Development Application 3. Description of Specific Contents for Submission of your Application 4 . Copy of Review Standards for Your Application • 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application requires that public notice be given by reviewing Attachment 5. Table 1 of that attachment will tell you whether or not your application requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a pre-application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. Please also recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover TADDUNE, HAZEN & GUEST ATTORNEYS AT LAW ALPINE BANK BUILDING 600 EAST HOPKINS,SUITE 301 ASPEN,COLORADO 81611 PAUL J.TADDUNE,PC. TELEPHONE(303)925-9190 ERIN F.HAZEN,P.C. FACSIMILE(303)925-9199 WILLIAM K.GUEST,P.C. ANDREW H.BUSCHER June 10, 1992 Aspen/Pitkin County Planning Department ATTN: Kim Johnson 130 South Galena Street Aspen, Colorado 81611 RE: 855 Gibson Avenue Application to Amend Zoning Map: Request for Waiver of Planning Fees Dear Kim: This letter is submitted on behalf of Michael J. Garrish as an application to amend the zoning map to reflect that his property located at 855 Gibson Avenue is entirely within the R-15 zone. A mistake was apparently made at the time the zoning map was prepared, since the property is currently bisected by the R- 30 and R-15 zones. The R-15 zone is the most appropriate zone for the property. By his signature below, Mr. Garrish has authorized me to act as his representative in this matter. A completed land use application form is submitted as Attachment No. 1. The legal description of Mr. Garrish's property is set forth on Attachment No. 2 . A Disclosure of Ownership from Aspen Title listing Mr. Garrish as the owner of the property and all applicable mortgages, judgments, liens, easements, contracts, and agreements affecting the parcel is set forth on Attachment No. 3 . An 81/2" x 11" vicinity map locating the subject parcel within the City of Aspen is submitted as Attachment No. 4 . A survey of the property showing the manner in which it is bisected by the R-30 and R-15 zones is submitted as Attachment No. 5 . Mr. Garrish has a right to apply for the requested amendment to the zoning map as the sole owner of the property. Mr. Garrish was born in Aspen and has remained an Aspen resident for 80 years. He served on the City Council for 12 years and was Mayor from 1960 to 1964 . He acquired his property many years prior to implementation of the City's first zoning ordinance in 1975. The manner in which the R-30 and R-15 zones Order No. A-92025 ADJACENT OWNERSHIP CERTIFICATE ASPEN TITLE CORPORATION, a corporation organized and existing under and by virtue of the laws of the State of Colorado, HEREBY CERTIFIES That is has made a careful and diligent search of the records in the office of the Clerk and Recorder for Pitkin County, Colorado , and has determined that those persons , firms or entities set forth on the Exhibit "A" attached hereto and by this reference incorporated herein and made a part hereof, reflect the apparent owners of lots , tracts, parcels and condominium units lying within 300 feet of the following described real property situate , lying and being in the County of Pitkin State of Colorado, to-wit: As per the Exhibit B attached hereto and made a part hereof. This Certificate has been prepared for the use and benefit of the above named applicant and the. City or Town of in the County of Pitkin, State of Colorado. THE LIABILITY OF THE COMPANY HEREUNDER IS EXPRESSLY LIMITED TO THE AMOUNT OF THE FEE PAID FOR THIS CERTIFICATE PLUS $250.00 DATE: ASPEN TITLE CORPORATION, a Colorado corporation By: y n M. Dycio, Vice P ' ident i EXHIBET "A" Allen, Douglas P. Marshall , Ann 530 E. Main Street P.O. Box 10894 Aspen, Co 81611 Aspen, Co 81612 Beckwith, David E. Metcalf, Joan L.Trust Foley and Lardner - C/O P.O. Box 8542 777 E. Wisconsin Ave #R Aspen, Co 81612 Milwaukee, Wi 53202 Owen, Kenneth and Jane Candreia, Joe L. P.O. Box 88 930 King Street Chapman Ranch, Tx 78347 Aspen, Co 81611 Peterson, Anne Coates, Neligh C. Jr. C/O Anne Peterson Richards Byard 720 E. Hyman Ave 35 Locust Aspen, Co 81611 Mill Valley, Ca 94941 Goldstein, Gerald H. Shoaf, Jeffrey S. Goldstein, Christine S. 113 Neale Ave Aspen, Co 81612 208 King William San Antonio, Tx 78204 Shoaf, Jeffrey S. Gross, Gail M. P.O. Box 3123 Aspen, Co 81612 2700 Post Oak Blvd #1670 Houston, Tx 77056 Sunnybrook Colorado, Inc. Hamilton, Ruth B. Krabacher, Hill and Edwards Hamilton, Paul K. Drawer 6250 Laredo, Tx 78042 420 N. Spring Street Aspen, Co. 81611 Vare, Edwin C. Kallenberg, Jeffery D. J. Vare, Darlene De Sedule Kallenberg, Sandra L. 628 Winthrop Ave 9245 Red Oak Drive New Haven, Ct 06511 Parish of Caddo, La. 71103 Lancaster, John L. III Lancaster, Robert P. 901 Main St. Suite 6000 Dallas, Tx 75202 Lauriski , Stanley E. Lauriski , Rose M. P.O. Box 803 Aspen, Co 81612 Maple, Charles A. and Bryce M. 927 Gibson Avenue Aspen, Co 81611 Aspen/Pitkin County Planning Department June 10, 1992 Page 2 bisect the property is reflected on Attachment No. 5. The entire parcel should have been included within the R-15 zone. Attachment No. 5 also reflects that the entire parcel is 27,912 square feet. Mr. Garrish' s request is consistent with the following relevant review standards: a. Whether the proposed amendment is in conflict with any applicable portions of the land use regulations: The request is not in conflict. b. Whether the proposed amendment is consistent with all elements in the Aspen Area Comprehensive Plan: The request is consistent with all elements of the Aspen Area Comprehensive Plan. Indeed, as stated above, it is submitted that a mistake was made in the preparation of the zoning map by including a portion of the property in the R-30 zone. c. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics: The R-15 zone is most compatible with existing land use and neighborhood characteristics. The zone district map currently reflects that the property is bounded on the west by the R-30 zone; on the north and east by the R-15 zone; and on the south by Herron Park. The predominant neighborhood uses to the north and the east of Mr. Garrish' s property are of a nature more intensive than the R-15 zone. d. The effect of the proposed amendment on traffic generation and road safety: The effect on traffic generation and road safety will be minimal. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities: Aspen/Pitkin County Planning Department June 10, 1992 Page 3 Since it is felt that the requested map amendment is required to rectify a mistake made when the zoning map was prepared, it is felt that there is no impact. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment: It is perceived that there will be no impacts. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen: The proposed amendment is consistent and compatible with community character. Conforming the property entirely to the R-15 zone is consistent with its present and historical use. h. Whether there have been change conditions affecting the subject parcel in the surrounding neighborhood which support the proposed amendment: Development has occurred in the neighborhood particularly to the east, which is consistent with the R-15 zone. 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 application is in harmony with the purpose and intent of the zoning chapter for the reasons set forth above. Because the City was in error in preparing the zoning map in a manner which included Mr. Garrish' s property partly within the R-30 zone, I feel that the City should co-sponsor this application and waive the planning fee. Thus, I also request on behalf of Mr. Garrish that the City consider his length of residency, his commitment to the community and prior public service, and the circumstances of this application, and exempt Mr. Garrish from the requirement of paying the planning fee of $1,976. 00. Aspen/Pitkin County Planning Department June 10, 1992 Page 4 Please schedule the required hearings with the Planning and Zoning Commission and City Council as quickly as practicable. Thank you in advance for your assistance. Very truly yours, DDUNE, HAZEN & GUEST , Paul J. Taddune PJT:km Enclosure I hereby authorize Paul J. Taddune on my behalf to submit the foregoing application to amend the zoning map and waive the planning fee. Michael J./,Garrish Date p\lt\johnson. 529 ATTACHMENT NO. 2 LEGAL DESCRIPTION MICHAEL J. GARRISH A parcel of land situated in Section 7, T10S, R84W of the 6th P.M. , Pitkin County, Colorado, described as follows: Beginning at a point being 693 . 07 feet N13 °27 ' 40"W from the South ; corner of Section 7 , T10S, R84W, of the 6th P.M. (1954 Brass Cap) ; Thence N22 °42 'E 151. 02 feet; Thence N24 °41 'E 61. 12 feet to the South side of Gibson Avenue; Thence N42 °41 'W 155. 79 feet along the South side of Gibson Avenue; Thence S19° 31 'W 170. 33 feet; Thence along a curve to the right with a radius of 359. 80 feet a distance of 65. 06 feet (chord bears S24 ° 13 ' 27"W 64 . 92 feet) ; Thence S60° 07 ' 20"E 50. 00 feet; Thence S43 °46 'E 89 . 62 feet, to the point of beginning. Containing 29, 165 square feet, more or less. EXCEPT, for that portion thereof described as follows: Commencing at the South Quarter corner of said Section 7, (a U.S. Government Brass Cap Monument) ; thence N 13 degrees 27 minutes 40 seconds West, 693 . 07 feet; thence North 22 degrees 42 minutes East, 151. 02 feet; thence North 24 degrees 41 minutes East, 41. 12 feet to the point of beginning; thence North 24 degrees 41 minutes East, 20. 00 feet; thence North 42 degrees 41 minutes West, 135.79 feet; thence South 35 degrees 21 minutes 09 seconds East, 144 . 67 feet more or less to the true point of beginning. Containing 1253 square feet more or less. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 June 16, 1992 Paul Taddune Haddune, Hazen & Guest 600 E. Hopkins, Suite 301 Aspen, CO 81611 Re: Garrish Map Amendment Case A48-92 Dear Paul, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review at a public hearing by the Aspen Planning and Zoning Commission on Tuesday, July 7, 1992 at a meeting to begin at 4: 30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mailing notice to property owners within 300 ' and to post the subject property with a sign. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the hearing. If you have any questions, please call Kim Johnson, the planner assigned to your case. Sincerely, Debbie Skehan Office Manager PUBLIC NOTICE RE: AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 7, 1992 at a meeting to begin at 4: 30 p.m. before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Michael Garrish requesting approval of an Amendment to the Official Zone District Map of the City of Aspen. The property located at 855 Gibson Street is currently bisected by the R-30 and R-15 zone Districts. The applicant is requesting that the portion of his property which is zoned R-30 be rezoned to R- 15. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena St. , Aspen, CO 920- 5090. s/Jasmine Tyc[re, Chairman Planning and Zoning Commission Published in The Aspen Times on June 19, 1992. City of Aspen Account. ficv ( v PUBLIC NOTICE RE: AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 14, 1992 at a meeting to begin at 5: 00 p.m. before the Aspen City Council, City Council Chambers, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Michael Garrish, 855 Gibson Avenue, Aspen, Colorado requesting approval of an Amendment to the Official Zone District Map of the City of. Aspen. The property located at 855 Gibson Street is currently bisected by the R-30 and R-15 zone Districts. The applicant is requesting that the portion of his property which is zoned R-30 be rezoned to R-15. For further information, contact Kim Johnson at the Aspen/Pitkin Planning Office, 130 S. Galena St. , Aspen, CO 920-5090. s/John Bennett, Mayor Aspen City Council W1wl9L